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Logic Group 2 Report - Judicial Affidavit Rule (Compiled)
Logic Group 2 Report - Judicial Affidavit Rule (Compiled)
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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
(2) Elicit from him those facts which are relevant to the issues
that the case presents; and
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.”
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.”
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