INTRODUCTION TO AND

DISCUSSION ON THE JUDICIAL

AFFIDAVIT RULE

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 On September 4, 2012, the Supreme Court issued A.M. No. 12-8-8-SC,
approving the Judicial Affidavit Rule (JAR).
 The rule which is intended to expedite court proceedings, is new and far
complete, necessitating an extensive discussion to thresh out various issues.
 Lawyers could keep their observations to themselves and hope that the other party
commits mistake most likely gaining an edge by reason of technicality.
 Still considering that the unstated purpose of the rule is to ferret out the truth in
coming out with a decision based on the merits , and not on mere technicality , it would
be helpful to start an open discussion to pick the brains of legal minded crowd.
 Summary Judicial Affidavit Rule
 Section 1. Scope

Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies

Section 3. Contents of Judicial Affidavit
Section 4. Sworn attestation of the lawyer
Section 5. Subpoena
Section 6. Offer of and objections to testimony in judicial affidavit
 Summary Judicial Affidavit Rule

 Section 7. Examination of the witness on his judicial affidavit.

Section 8. Oral offer of and objections to exhibits
Section 9. Application of rule to criminal actions
Section 10. Effect of non-compliance with the Judicial Affidavit Rule.
Section 11. Repeal or modification of inconsistent rules
Section 12. Effectivity
SCOPE AND APPLICATION
[A.M. NO. 12-8-8-SC, 4 SEPTEMBER 2012]
JUDICIAL AFFIDAVIT RULE
WHAT IS THE SCOPE OF APPLICATION OF
THIS RULE?
The applicability of this rule may refer to:
• (a) the courts where the rule will apply; (Section 1)
• (b) the kinds of cases or proceedings where the rule will apply; (Section 1 & 9)
• (c) the stage of the proceeding. (Section 2)
TYPE OF CASES

• This Rule shall apply to all actions, proceedings, and

incidents requiring the reception of evidence.
However, the Rule shall not apply to small claims cases
under A.M. 08-8-7-SC.
 ADMINISTRATIVE MATTER 08-8-7-SC: RULE OF
PROCEDURE FOR SMALL CLAIMS CASES
Section 4. Applicability - The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit
Trial Courts shall apply this Rule in all actions which are;
(a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of
money, and
(b) the civil aspect of criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule of 111 of the
Revised Rules of Criminal Procedure.
 
These claims or demands may be;
 
(a) For money owned under any of the following;
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the following;
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule
pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991.
 
COURTS WHERE THE RULE IS
APPLICABLE
• 1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial
Courts.
• 2. Shari’a Circuit Courts, Shari’a District Courts and the Shari’a Appellate Courts.
• 3. Regional Trial Courts.
• 4. Sandiganbayan.
• 5. Court of Tax Appeals.
• 6. Court of Appeals.
• 7. Investigating officers and bodies authorized by the Supreme Court to receive evidence, including the Integrated Bar of the
Philippine (IBP).
• 8. Special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar
as their existing rules of procedure contravene the provisions of this Rule.
COURTS WHERE THE RULE IS
APPLICABLE
• 1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial
Courts.
• 2. Shari’a Circuit Courts, Shari’a District Courts and the Shari’a Appellate Courts.
• 3. Regional Trial Courts.
• 4. Sandiganbayan.
• 5. Court of Tax Appeals.
• 6. Court of Appeals.
• 7. Investigating officers and bodies authorized by the Supreme Court to receive evidence, including the Integrated Bar of the
Philippine (IBP).
• 8. Special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar
as their existing rules of procedure contravene the provisions of this Rule.
SERVICE AND FILING OF THE JUDICIAL
AFFIDAVIT
• The parties shall serve on the adverse party and file with the court not later
than five days (5) before pre-trial or preliminary conference or the
scheduled hearing with respect to motions and incidents.
• This Rule amends the existing minimum period, which is three days,
for the service and filing of the pre-trial brief. Under the new Rule,
considering that the judicial affidavit must be attached to the pre-trial
brief, the latter must be served and filed within five days.
• The Rule may apply to criminal cases in three situations, as
follows:
• (1) The maximum of the imposable penalty does not exceed six years;
(Prision Correccional in its maximum period)
• (2) regardless of the penalty involved, with respect to the civil aspect of the
actions, or where the accused agrees to the use of the Rule.
HOW IS THE SERVICE/FILING DONE?

• The Rule specifies only two manners of service or filing

of the affidavit: by personal service or by licensed
courier service.
HOW IS THE SERVICE/FILING DONE?

• A minor issue is when is a courier service considered

licensed: The rule is not clear whether a separate license or
accreditation for courier service providers on top of the
SEC registration. It appears that other than the usual
government registration, there is no need for separate
Supreme Court accreditation.
HOW IS THE SERVICE/FILING DONE?

The intent of the Rule is to ENSURE receipt of the

judicial affidavit by the court and other party at least five
days before the pre-trial or hearing, and the Rule can
simply so provide, just like in pre-trial rules.
CONTENTS OF
JUDICIAL AFFIDAVIT
 A.M. NO. 12-8-8-SC
JUDICIAL AFFIDAVIT RULE

• Section 3. Contents Of Judicial Affidavit

-A judicial affidavit shall be prepared in the language known
to the witness and, if not in English or Filipino, accompanied by a
translation in English or Filipino, and shall contain the following:
• (a) The name, age, residence or business address, and
occupation of the witness;

• (b) The name and address of the lawyer who conducts or

supervises the examination of the witness and the place where
the examination is being held;
• (c) A statement that the witness is answering the questions asked
of him, fully conscious that he does so under oath, and that he
may face criminal liability for false testimony or perjury;
• (d) Questions asked of the witness and his corresponding answers,
consecutively numbered, that:

(1) Show the circumstances under which the witness acquired

the facts upon which he testifies;

(2) Elicit from him those facts which are relevant to the issues
that the case presents; and

(3) Identify the attached documentary and object evidence and

establish their authenticity in accordance with the Rules of Court;
• (e) The signature of the witness over his printed name; and

• (f) A jurat with the signature of the notary public who

administers the oath or an officer who is authorized by law to
administer the same.
• Section 4. Sworn attestation of the lawyer. 
- (a) The judicial affidavit shall contain a sworn attestation at the end,
executed by the lawyer who conducted or supervised the examination of
the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the questions he
asked and the corresponding answers that the witness gave; and
(2) Neither he nor any other person then present or assisting him
coached the witness regarding the latter's answers.
• (b) A false attestation shall subject the lawyer mentioned to
disciplinary action, including disbarment.
EFFECTIVITY AND PURPOSE OF
THE JUDICIAL AFFIDAVIT RULE
WHEN IS THE RULE EFFECTIVE?
• The Rule took effect on 1 January 2013.
 PURPOSE OF THE JUDICIAL AFFIDAVIT RULE
1. To decongest the courts with huge volume of cases.
2. To speed up judicial processes in all court actions/proceedings.
3. The Judicial Affidavit Rule provides for strict compliance to ensure speedy judicial
process.
4. Allows the judge to assess quickly whether or not to grant bail when bail is a matter of
discretion by reading through all of the submitted affidavits.
5. To attract foreign businessmen to make long-term investment in the Philippines knowing
that their investments are protected by a fast judicial process.
OFFER OF TESTIMONY AND
OBJECTIONS UNDER THE
JUDICIAL AFFIDAVIT RULE
JUDICIAL AFFIDAVIT RULE (A.M. NO. 12-8-8-SC)

Section 6. Offer of and objections to testimony in judicial affidavit.

The party presenting the judicial affidavit of his witness in place of direct testimony shall
state the purpose of such testimony at the start of the presentation of the witness. The adverse
party may move to disqualify the witness or to strike out his affidavit or any of the answers found
in it on ground of inadmissibility. The court shall promptly rule on the motion and, if granted,
shall cause the marking of any excluded answer by placing it in brackets under the initials of an
authorized court personnel, without prejudice to a tender of excluded evidence under Section 40
of Rule 132 of the Rules of Court.
 “The party presenting the judicial affidavit of his witness in place of direct testimony shall state the
purpose of such testimony at the start of the presentation of the witness.”

Section 34 & 35 Rule 132 of the Rules of Court:

• Section 34. Offer of evidence. — The court shall consider no evidence which has not
been formally offered. The purpose for which the evidence is offered must be
specified. (35)
• Section 35. When to make offer. — As regards the testimony of a witness, the offer
must be made at the time the witness is called to testify.
 “The adverse party may move to disqualify the witness or to strike out his affidavit or any of the
answers found in it on ground of inadmissibility.”

Remedies if inadmissible evidence is introduced through the JA by one party the

other party may:
1. Move to disqualify the witness;
2. Move to strike out the said witness’s judicial affidavit;
3. Move to strike out the particular portion/ answer of the JA.
 “The court shall promptly rule on the motion and, if granted, shall cause the marking of any
excluded answer by placing it in brackets under the initials of an authorized court personnel, without
prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.”

• Section 40. Tender of excluded evidence. — If documents or things

offered in evidence are excluded by the court, the offeror may have the
same attached to or made part of the record. If the evidence excluded is
oral, the offeror may state for the record the name and other personal
circumstances of the witness and the substance of the proposed testimony.
(n)
Example:

Question 21: Do you know who shot Cardo Dalisay?

Answer 21: Yes.
Question 22: Who?
Answer 22: Joaquin Tuazon sir.

[Question 23: How did you know?

Answer 23: Because Lola Flora told me sir.] PRRD
Question 24: And who is this Lola Flora?
Answer 24: My girlfriend sir.
DOCUMENTARY AND OBJECTIVE
EVIDENCE
IDENTIFICATION AND MARKING OF
DOCUMENTARY EVIDENCE

• The parties’ documentary or object evidence, if any, which

shall be attached to the judicial affidavits and marked as
Exhibits A, B, C and so on in the case of the complainant or
the plaintiff, and Exhibits 1, 2, 3 and so on in the case of the
respondent or the defendant.
KEEPING THE ORIGINAL OF THE
DOCUMENTARY OR OBJECT
EVIDENCE
1) Attach the document or evidence to the judicial affidavit of the
witness/es.
• Must be done before the hearing
• Done by:
• Attaching the photocopy of the documents or
• Reproduction or photograph of the object evidence
** after the same has been: Identified, Marked as Exhibit and Authenticated
2) Bring the original during the pre-trial or preliminary
conference
• Party or witness shall bring the Original Document or Object
Evidence for comparison during the hearing with the
attached copy, reproduction or pictures

• Evidence not pre- marked shall not be admissible as evidence

CROSS-EXAMINATION AND RE-DIRECT EX
AMINATION UNDER THE JUDICIAL AFFIDA
VIT RULE
• The adverse party shall have the right to cross-examine the witness on his judicial affidavit and
on the exhibits attached to the same. The party who presents the witness may also examine him
as on re-direct. In every case, the court shall take active part in examining the witness to
determine his credibility as well as the truth of his testimony and to elicit the answers that it
needs for resolving the issues.
 HOW DOES THE OPPOSING PARTY MAKE
OBJECTIONS?
The adverse party may move to disqualify the witness or to strike out his affidavit or any of the
answers found in it on ground of inadmissibility.

Under the Rules of Court, objection to a question propounded in the course of the oral examination
of a witness shall be made as soon as the grounds therefor shall become reasonably apparent (Rule 132,
Sec. 36).

The court shall promptly rule on the motion and, if granted, shall cause the marking of any excluded
answer by placing it in brackets under the initials of an authorized court personnel, without prejudice to a
tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.
 OFFER OF TESTIMONY AND
OBJECTIONS UNDER THE JUDICIAL
AFFIDAVIT RULE
JUDICIAL AFFIDAVIT RULE (A.M. NO. 12-8-8-
SC)
Section 6. Offer of and objections to testimony in judicial affidavit.
The party presenting the judicial affidavit of his witness in place of
direct testimony shall state the purpose of such testimony at the start of
the presentation of the witness. The adverse party may move to
disqualify the witness or to strike out his affidavit or any of the answers
found in it on ground of inadmissibility. The court shall promptly rule
on the motion and, if granted, shall cause the marking of any excluded
answer by placing it in brackets under the initials of an authorized court
personnel, without prejudice to a tender of excluded evidence under
Section 40 of Rule 132 of the Rules of Court.
 “The party presenting the judicial affidavit of his witness in place of direct
testimony shall state the purpose of such testimony at the start of the
presentation of the witness.”

Section 34 & 35 Rule 132 of the Rules of Court:

• Section 34. Offer of evidence. — The court shall consider no evidence which
has not been formally offered. The purpose for which the evidence is offered
must be specified. (35)
• Section 35. When to make offer. — As regards the testimony of a witness, the
offer must be made at the time the witness is called to testify.
 “The adverse party may move to disqualify the witness or to strike out his
affidavit or any of the answers found in it on ground of inadmissibility.”

Remedies if inadmissible evidence is introduced through the

JA by one party the other party may:
1. Move to disqualify the witness;
2. Move to strike out the said witness’s judicial affidavit;
3. Move to strike out the particular portion/ answer of the JA.
 “The court shall promptly rule on the motion and, if granted, shall cause
the marking of any excluded answer by placing it in brackets under the initials
of an authorized court personnel, without prejudice to a tender of excluded
evidence under Section 40 of Rule 132 of the Rules of Court.”

• Section 40. Tender of excluded evidence. — If

documents or things offered in evidence are excluded
by the court, the offeror may have the same attached to
or made part of the record. If the evidence excluded is
oral, the offeror may state for the record the name and
other personal circumstances of the witness and the
substance of the proposed testimony. (n)
Example:
Question 21: Do you know who shot Cardo Dalisay?
Answer 21: Yes.
Question 22: Who?
Answer 22: Joaquin Tuazon sir.
[Question 23: How did you know?
Answer 23: Because Lola Flora told me sir.] PRRD
Question 24: And who is this Lola Flora?
Answer 24: My girlfriend sir.
HOW DOES THE OPPOSING PARTY MAKE
OBJECTIONS?
The adverse party may move to disqualify the witness or to strike out his affidavit or any of
the answers found in it on ground of inadmissibility.

Under the Rules of Court, objection to a question propounded in the course of the oral
examination of a witness shall be made as soon as the grounds therefor shall become reasonably
apparent (Rule 132, Sec. 36).

The court shall promptly rule on the motion and, if granted, shall cause the marking of any
excluded answer by placing it in brackets under the initials of an authorized court personnel,
without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of
Court.
 RESORT TO
SUBPOENA UNDER
THE JUDICIAL
AFFIDAVIT RULE
 JUDICIAL AFFIDAVIT RULE (A.M. NO. 12-8-8-SC)

Sec. 5. Subpoena

• A subpoena is a request for the production of

documents, or a request to appear in court or
other legal proceeding.
WHAT IS A SUBPOENA?
• A person who receives a subpoena but
does not comply with its terms may be
subject to civil or criminal penalties,
such as fines, jail time, or both.
 HOW WILL THE JUDICIAL AFFIDAVITS OF
UNCOOPERATIVE WITNESSES BE TAKEN?

If the government employee or official, or the requested witness,

unjustifiably declines to execute a judicial affidavit or refuses without just cause to make
the relevant books, documents,
or other things under his control available for copying, authentication, and eventual
production in court,
the requesting party may avail himself of the issuance of a subpoena ad testificandum or
duces tecum under Rule 21 of the Rules of Court.
 TWO TYPES OF SUBPOENA
SUBPOENA AD TESTIFICANDUM
requires you to testify before a court, or other legal authority.

SUBPOENA DUCES TECUM

requires you to produce documents, materials, or other
tangible evidence.
 RESORT TO SUBPOENA UNDER THE
JUDICIAL AFFIDAVIT RULE

• The rules governing the issuance of a subpoena

to the witness in this case shall be the same as
when taking his deposition except that the taking
of a judicial affidavit shall be understood to be ex
parte.
WHAT REMEDY DOES THE OPPOSING PARTY HAVE IF INADMISSIBLE
EVIDENCE IS INTRODUCED THROUGH SUCH
AFFIDAVIT?

The rule requires the party presenting the judicial affidavit

of his witness to state at the start of the presentation of the
witness
the party’s purpose for presenting such testimony.
 SECTION 10

Effects of Non-compliance with

the Judicial Affidavit Rule
 
NO. 1

Deemed to have WAIVED his

submission of the Judicial Affidavits
NO. 2

The Court shall not consider the J.A of

any witness/es who fails to appear in
court on its scheduled hearing
NO. 3

The court shall not admit the J.A as

evidence if this do not conform to the
content requirements for a valid J.A