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[ A.M. No.

12-8-8-SC, September 04, 2012 ]
JUDICIAL AFFIDAVIT UL!

Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place; Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated postponements; Whereas, few foreign businessmen make long-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, keeping its people poor; Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on ebruary !", !0"! the #upreme $ourt approved for piloting by trial courts in %ue&on $ity the compulsory use of judicial affidavits in place of the direct testimonies of witnesses; Whereas, it is reported that such piloting has 'uickly resulted in reducing by about two-thirds the time used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases; Whereas, the #upreme $ourt $ommittee on the (evision of the (ules of $ourt, headed by #enior )ssociate *ustice )ntonio +, $arpio, and the #ub-$ommittee on the (evision of the (ules on $ivil Procedure, headed by )ssociate *ustice (oberto ), )bad, have recommended for adoption a *udicial )ffidavit (ule that will replicate nationwide the success of the %ue&on $ity e-perience in the use of judicial affidavits; and Whereas, the #upreme $ourt .n /anc finds merit in the recommendation; N"#, T$! !F" !, the #upreme $ourt .n /anc hereby issues and promulgates the following0

insofar as their e-isting rules of procedure contravene the provisions of this (ule. not later than five days before pretrial or preliminary conference or the scheduled hearing with respect to motions and incidents. the above courts. including the 9ntegrated /ar of the Philippine 19/P2.1a2 +his (ule shall apply to all actions. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies.#ection ". Scope. the $ourt of )ppeals. !.. the $ourt of +a. and 1:2 +he special courts and 'uasi-judicial bodies.1a2 +he parties shall file with the court and serve on the adverse party.3. the 3unicipal +rial $ourts in $ities. 1!2 +he (egional +rial $ourts and the #hari4a 7istrict $ourts. 142 +he investigating officers and bodies authori&ed by the #upreme $ourt to receive evidence. and the #hari4a )ppellate $ourts. . the 3unicipal +rial $ourts. or investigating officers shall be uniformly referred to here as the =court. . 182 +he #andiganbayan. and . the 3unicipal $ircuit +rial $ourts. and the #hari4a $ircuit $ourts but shall not apply to small claims cases under ).= #ec. proceedings. personally or by licensed courier service. which shall take the place of such witnesses’ direct testimonies. whose rules of procedure are subject to disapproval of the #upreme $ourt."< 1b2 or the purpose of brevity. 05-5-6-#$.)ppeals. the following0 1"2 +he judicial affidavits of their witnesses. and incidents re'uiring the reception of evidence before0 1"2 +he 3etropolitan +rial $ourts. 'uasijudicial bodies.

marked as e-hibit. 1e2 +he signature of the witness over his printed name. 1b2 +he name and address of the lawyer who conducts or supervises the e-amination of the witness and the place where the e-amination is being held. after the same has been identified. and authenticated.-hibits ".) judicial affidavit shall be prepared in the language known to the witness and. or pictures. 9n addition. and as . 8.nglish or ilipino. and so on in the case of the complainant or the plaintiff. 1!2 . failing which the latter shall not be admitted.-hibits ). if any. Contents of Judicial Affidavit. and so on in the case of the respondent or the defendant. and 182 9dentify the attached documentary and object evidence and establish their authenticity in accordance with the (ules of $ourt. and that he may face criminal liability for false testimony or perjury. residence or business address. . 1d2 %uestions asked of the witness and his corresponding answers.licit from him those facts which are relevant to the issues that the case presents. warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. !. and . /.1!2 +he parties4 documentary or object evidence. if not in . fully conscious that he does so under oath.nglish or ilipino. that0 1"2 #how the circumstances under which the witness ac'uired the facts upon which he testifies. consecutively numbered. 8. he may. 1c2 ) statement that the witness is answering the 'uestions asked of him. accompanied by a translation in . age. which shall be attached to the judicial affidavits and marked as . and occupation of the witness. and shall contain the following0 1a2 +he name. 1b2 #hould a party or a witness desire to keep the original document or object evidence in his possession. #ec. the party or witness shall bring the original document or object evidence for comparison during the preliminary conference with the attached copy. $. reproduction.

+he adverse party may move to dis'ualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. shall cause the marking of any e-cluded answer by placing it in brackets under the initials of an authori&ed court personnel. and eventual production in court. e-ecuted by the lawyer who conducted or supervised the e-amination of the witness. Subpoena. #ec. to the effect that0 1"2 >e faithfully recorded or caused to be recorded the 'uestions he asked and the corresponding answers that the witness gave. Sworn attestation of the lawyer. including disbarment. — +he 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.1a2 +he judicial affidavit shall contain a sworn attestation at the end. +he court shall promptly rule on the motion and. the re'uesting party may avail himself of the issuance of a subpoena ad testificandum or duces tecum under (ule !" of the (ules of $ourt.1f2 ) jurat with the signature of the notary public who administers the oath or an officer who is authori&ed by law to administer the same. @. #ec.9f the government employee or official. without prejudice to a tender of e-cluded evidence under #ection 40 of (ule "8! of the (ules of $ourt. . documents. 4. . . or other things under his control available for copying. authentication. unjustifiably declines to e-ecute a judicial affidavit or refuses without just cause to make the relevant books. #ec. if granted. Offer of and objections to testimony in judicial affidavit. :. +he rules governing the issuance of a subpoena to the witness in this case shall be the same as when taking his deposition e-cept that the taking of a judicial affidavit shall be understood to be ex parte. who is neither the witness of the adverse party nor a hostile witness. and 1!2 ?either he nor any other person then present or assisting him coached the witness regarding the latter4s answers. 1b2 ) false attestation shall subject the lawyer mentioned to disciplinary action. or the re'uested witness.

B. or object evidence shall be admitted at the trial. if any. . 1b2 +he prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial.#ec. marking them as . stating the purpose or purposes for which he offers the particular e-hibit. whatever the penalties involved are. the objections. #ec. 6. . and the rulings.years. irrespective of the penalty involved. #ec. piece by piece. 1c2 #ince the documentary or object e-hibits form part of the judicial affidavits that describe and authenticate them.-hibits ). or 182 Cith respect to the civil aspect of the actions. documentary. and the court shall immediately make its ruling respecting that e-hibit. serving copies of the same upon the accused. to its admission. +he complainant or public prosecutor shall attach to the affidavits such documentary or object evidence as he may have. . dispensing with the description of each e-hibit. 5. Oral offer of and objections to exhibits . the adverse party shall state the legal ground for his objection. +he adverse party shall have the right to cross-e-amine the witness on his judicial affidavit and on the e-hibits attached to the same. /. $ and so on. it is sufficient that such e-hibits are simply cited by their markings during the offers. Application of rule to criminal actions . 1b2 )fter each piece of e-hibit is offered. 9n every case. +he party who presents the witness may also e-amine him as on re-direct. ?o further judicial affidavit. in their chronological order. 1!2 Chere the accused agrees to the use of judicial affidavits.1a2 +his rule shall apply to all criminal actions0 1"2 Chere the ma-imum of the imposable penalty does not e-ceed si. a party shall immediately make an oral offer of evidence of his documentary or object e-hibits.1a2 Apon the termination of the testimony of his last witness. Examination of the witness on his judicial affidavit . the court shall take active part in e-amining 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.

the delay is for a valid reason. he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor. that public or private counsel responsible for their preparation and submission pays a fine of not less than Pl.000. at the discretion of the court. .00. "0. +he court may.1c2 9f the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution. . #ec. 8. 1c2 +he court shall not admit as evidence judicial affidavits that do not conform to the content re'uirements of #ection 8 and the attestation re'uirement of #ection 4 above. and so on.00 nor more than P:.00.000. #ec. however. "".000. however.+he provisions of the (ules of $ourt and the rules of procedure governing investigating officers and bodies authori&ed by the #upreme $ourt to receive evidence are repealed or modified insofar as these are inconsistent with the provisions of this (ule.1a2 ) party who fails to submit the re'uired judicial affidavits and e-hibits on time shall be deemed to have waived their submission. $ounsel who fails to appear without valid cause despite notice shall be deemed to have waived his client4s right to confront by cross-e-amination the witnesses there present. allow only once the late submission of the same provided. at the discretion of the court. Effect of non compliance with the Judicial Affidavit !ule. would not unduly prejudice the opposing party.-hibits ". .000. +hese affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify. 1b2 +he court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as re'uired. !. !epeal or modification of inconsistent rules. allow only once the subse'uent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and would not unduly prejudice the opposing party and provided further.00 nor more than P:. +he court may. including his documentary and object evidence previously marked as . and the defaulting party pays a fine of not less than P".

( A TU " D.+he rules of procedure governing 'uasi-judicial bodies inconsistent herewith are hereby disapproved.( MA IA L"U D!S ). L!"NA D"-D! CAST " )ssociate *ustice %S&'.( MA TIN S. A*AD )ssociate *ustice %S&'. VILLA AMA. )! !+ )ssociate *ustice %S&'. J . !0"!. )ssociate *ustice %S&'.( ) !S*IT! " J.( LUCAS ). !0"!. J .( ANT"NI" T.( J"S! ).( "*! T" A. CA )I" )ssociate *ustice %S&'. 9t shall also apply to e-isting cases.( DI"SDAD" M. A. M!ND"+A . )ssociate *ustice %S&'.( J"S! C. * I"N )ssociate *ustice %S&'. !0"8 following its publication in two newspapers of general circulation not later than #eptember ":. %S&'. #ec. )! ALTA )ssociate *ustice %S&'. Effectivity. 3anila. *! SAMIN )ssociate *ustice %S&'. — +his rule shall take effect on *anuary ".( T! !SITA J. S! !N" $hief *ustice %S&'. D!L CASTILL" )ssociate *ustice %S&'.( MA IAN" C. V!LASC". "!. #eptember 4.

the J" i!ia& Affi a-it R"&e/ The J" i!ia& Affi a-it R"&e re0"ires that ire!t e'a1i#atio# of a 2it#ess$ 2hi!h is the e'a1i#atio#* i#*!hief of a 2it#ess 34 the .. )! LAS-*! NA*! )ssociate *ustice /y virtue of the #upreme $ourt4s authority under #ection : 1:2."< #ource0 #upreme $ourt . !0"! +his page was dynamically generated by the .( !ST!LA M.-Eibrary $ontent 3anagement #ystem Supreme Court E "ibrary EFFECTIVITY AND PURPOSE OF THE JUDICIAL AFFIDAVIT RULE [This is Part 2 of 11 of the is!"ssio# o# the Judicial Affidavit Rule$ so rea the I#tro "!tio# first% See f"&& te't of A()( No( 12*+*+*SC$ a. +his is without prejudice to the introduction of secondary evidence in place of the original when allowed by e-isting rules. of the "B56 $onstitution to disapprove rules of procedure of special courts and 'uasi-judicial bodies.rese#ti#.( *I!NV!NID" L. .!S )ssociate *ustice %S&'.-Eibrary F 7ate created0 #eptember "0. )rticle D999. hi1 o# .)ssociate *ustice %S&'. !.ro-i#.art4 .

&ai#a#t is re.are a# s"31itte i# !o##e!tio# 2ith the i#-esti.o2ere .&4 2ith the R"&e( The reasons for the issuance of the Rule Case !o#.i#es . .eate .&4 !o-ere 34 the s2or# state1e#t( The !o#!essio# oes #ot a..re1e Co"rt a&&o2e .rese#te 34 a "&4 e1."e 1ost !o"rts i# !ities$ .rose!"tors are re0"ire to f"&&4 !o1. to !o"rt after re.rose!"tor$ ". !o1i#.. to the fa!t that !o1.*ter1 i#-est1e#ts i# the Phi&i.&4 .&a!e( A3o"t :7.e -o&"1e of !ases fi&e ea!h 4ear a# the s&o2 a# !"13erso1e a -ersaria& s4ste1 that the 5" i!iar4 has i# .&a.the fa!ts re&e-a#t to the iss"e$ sha&& 3e i# the for1 of 5" i!ia& affi a-its$ s"35e!t to the "s"a& 1o e of !ross* e'a1i#atio#( When is the Rule effective? The R"&e too6 effe!t o# 1 Ja#"ar4 2718( Ho2e-er$ i# !ri1i#a& !ases 2itho"t .atio# to !o1.estio# a# e&a4s .rose!"tors i# first* a# se!o# *&e-e& !o"rts "#ti& the e# of 2718 to "ti&i9e the affi a-its of the !o1.re.&4 i# !ri1i#a& !ases 2here the .rose!"tors$ the S".o#e1e#ts( Fe2 forei.o# .&ai#a#ts si1.&4 2ith the R"&e 34 1 Ja#"ar4 271:( D"ri#."3&i! . of !ri1i#a& !ases are is1isse a##"a&&4 o2i#.atio# a# fi&i#.rese#ti#.&ai#a#t a# his 2it#esses . of the I#for1atio# i# !o"rt( P"3&i! .ri-ate .# 3"si#ess1e# 1a6e &o#.ost.rose!"tor$ 2ho has the o3&i."3&i! . the 2it#ess$ sha&& re0"ire the 2it#ess to affir1 2hat the s2or# state1e#t !o#tai#s a# 1a4 o#&4 as6 the 2it#ess a itio#a& ire!t e'a1i#atio# 0"estio#s that ha-e #ot 3ee# a1.i-e# the h".i-e ". the o#e*4ear .ri-ate !o1.erio 2he# the !o#!essio# is i# effe!t$ the atte# i#.ri-ate .

es to re.. 34 a3o"t t2o*thir s the ti1e "se for .tio# of the R"&e ho.rote!tio# to their i#-est1e#ts$ 6ee.. has 0"i!6&4 res"&te i# re "!i#.ro-i#.&eti#.&a!e of the ire!t testi1o#ies of 2it#esses( It is re.i&oti#. the heari#.ee i#.&e a# s.i&oti#. its .rese#ti#.&e . the testi1o#ies of 2it#esses$ th"s s. the J" i!ia& Affi a-it R"&e/ ."&sor4 "se of 5" i!ia& affi a-its i# .orte that s"!h .3e!a"se its !o"rts are "#a3&e to .oor( I# or er to re "!e the ti1e #ee e for !o1.ro-i e a1. ".ro-e for . 34 tria& !o"rts i# <"e9o# Cit4 the !o1.i#.&i!ate #atio#2i e the s"!!ess of the <"e9o# Cit4 e'.re1e Co"rt a. the testi1o#ies of 2it#esses i# !ases "# er &iti.atio#$ o# 21 Fe3r"ar4 2712 the S".ee 4 .eo. a# a 5" i!atio# of !ases( The a o.erie#!e i# the "se of 5" i!ia& affi a-its( These reaso#s for the iss"a#!e of the J" i!ia& Affi a-it R"&e are !o#tai#e i# the “2hereas” !&a"ses of A()( No( 12*+*+*SC( SCOPE OF APPLICATION OF THE JUDICIAL AFFIDAVIT RULE [This is Part 8 of 11 of the is!"ssio# o# the Judicial Affidavit Rule$ so rea the I#tro "!tio# first% See f"&& te't of A()( No( 12*+*+*SC$ a.

.&4 to !ri1i#a& !ases i# three sit"atio#s$ as fo&&o2s= >1? The 1a'i1"1 of the i1.e!t to the !i-i& as...a& Tria& Co"rts i# Cities$ the )"#i!i.e of the .a& Cir!"it Tria& Co"rts( 2( Shari’a Cir!"it Co"rts$ Shari’a Distri!t Co"rts a# the Shari’a A..What is the scope of application of this rule? The a.&4 to s1a&& !&ai1s !ases "# er A()( 7+*+*@*SC( The R"&e 1a4 a..e&&ate Co"rts( 8( Re.&4 to a&& a!tio#s$ .ro!ee i#. the re!e.o&ita# Tria& Co"rts$ the )"#i!i.ro!ee i#.s 2here the r"&e 2i&& a.&4% >3? the 6i# s of !ases or .tio# of e-i e#!e( Ho2e-er$ the R"&e sha&& #ot a.&4% >!? the sta.e!t of the a!tio#s$ or 2here the a!!"se a..rees to the "se of the R"&e( Courts where the Rule are applicable 1( The )etro.&i!a3i&it4 of this r"&e 1a4 refer to= >a? the !o"rts 2here the r"&e 2i&& a..ea&s( B( Co"rt of A..a#3a4a#( A( Co"rt of Ta' A.e#a&t4 oes #ot e'!ee si' 4ears% >2? re.ro!ee i#.osa3&e ..ar &ess of the .a& Tria& Co"rts$ the )"#i!i.ea&s( .( Type of cases This R"&e sha&& a.io#a& Tria& Co"rts( :( Sa# i.s$ a# i#!i e#ts re0"iri#.e#a&t4 i#-o&-e $ 2ith res.

of the .ro-isio#s of this R"&e( SERVICE AND FILIND OF THE JUDICIAL AFFIDAVIT [This is Part : of 11 of the is!"ssio# o# the Judicial Affidavit Rule$ so rea the I#tro "!tio# first% See f"&& te't of A()( No( 12*+*+*SC$ a.arties sha&& ser-e o# the a -erse ...arate . the I#te.re*tria& 3rief( U# er the #e2 R"&e$ !o#si eri#.erio $ 2hi!h is three a4s$ for the ser-i!e a# fi&i#.ro-isio# for !ri1i#a& !ases$ -eeri#.ro-i#.rate Car of the Phi&i.@( I#-esti. that the 5" i!ia& affi a-it 1"st 3e atta!he to the .i#e >ICP?( +( S.art4 a# fi&e 2ith the !o"rt #ot &ater tha# fi-e a4s 3efore .ro-i es a se. 2ith res.e!ia& !o"rts a# 0"asi*5" i!ia& 3o ies$ 2hose r"&es of . r"&es of .ati#.ro-a& of the S". 1i#i1"1 .re&i1i#ar4 !o#fere#!e or the s!he "&e heari#.ro!e "re are s"35e!t to isa. the J" i!ia& Affi a-it R"&e/ The .re1e Co"rt$ i#sofar as their e'isti#.e!t to 1otio#s a# i#!i e#ts( This R"&e a1e# s the e'isti#.ro!e "re !o#tra-e#e the .re*tria& or . offi!ers a# 3o ies a"thori9e 34 the S".ortio# of the R"&e that . fro1 the .re1e Co"rt to re!ei-e e-i e#!e$ i#!&" i#.re*tria& 3rief$ the &atter 1"st 3e ser-e a# fi&e 2ithi# fi-e a4s( Service and filing of the judicial affidavit in criminal cases This is the o#&4 ..

rose!"tio#$ to s"31it the 5" i!ia& affi a-its of its 2it#esses #ot &ater tha# fi-e a4s 3efore the .ose ..4 of ea!h o# the .h a. of the affi a-itE ow is the service!filing done? The R"&e s.tio# to s"31it his 5" i!ia& affi a-it as 2e&& as those of his 2it#esses to the !o"rt 2ithi# te# a4s fro1 re!ei.rose!"tio# !o#tai#s the .t of the 5" i!ia& affi a-its of the .o# the a!!"se ( The !o1.erso#a& ser-i!e or 34 &i!e#se !o"rier ser-i!e( It is i#teresti#. his o!"1e#tar4 a# o35e!t e-i e#!e .ro-isio# that= “No f"rther 5" i!ia& affi a-it$ o!"1e#tar4$ or o35e!t e-i e#!e sha&& 3e a 1itte at the tria&(” Does this 1ea# that the a!!"se is !o-ere 34 the .t of s"!h affi a-its a# ser-e a !o.ress 1e#tio# of “re.rose!"tor$ i#!&" i#."3&i! a# .i!a& that the ter1 “!o"rier ser-i!e” oes #ot refer to$ a# oes #ot i#!&" e$ re.rose!"tor sha&& atta!h to the affi a-its s"!h o!"1e#tar4 or o35e!t e-i e#!e as he 1a4 ha-e$ 1ar6i#.&ai#a#t or .&i!a3&e o#&4 to the .rose!"tio#$ he sha&& ha-e the o.ri-ate .re*tria&$ ser-i#. the1 as E'hi3its A$ C$ C a# so o#( No f"rther 5" i!ia& affi a-it$ o!"1e#tar4$ or o35e!t e-i e#!e sha&& 3e a 1itte at the tria&( If the a!!"se $ o# the other ha# $ esires to 3e hear o# his efe#se after re!ei.e!ifies o#&4 t2o 1a##ers of ser-i!e or fi&i#.ra.arties( The .e#era& r"&e is reiterate $ 3"t this ti1e a.&i!a3&e to the .e#era& r"&e$ 2hi!h a&&o2s the &ate fi&i#. !o..ara.istere 1ai&” a# it is &o.si1"&ta#eo"s fi&i#.ear 3efore the !o"rt to testif4( It is i#teresti#."r.. that there is #o e'. to #ote that o#&4 the .istere 1ai&( The .ies of the sa1e ". of 5" i!ia& affi a-its 34 the .re-io"s&4 1ar6e as E'hi3its 1$ 2$ 8$ a# so o#( These affi a-its sha&& ser-e as ire!t testi1o#ies of the a!!"se a# his 2it#esses 2he# the4 a."3&i! . of the affi a-it= 34 .

ortio# .e( The i#te#t of the R"&e is to ENSURE re!ei.&"sa.istere 1ai&( There is #o o-erri i#..o-er#1e#t re.t 34 reaso# of re.ti-e re!ei.erso#a& ser-i!e or 34 !o"rier( This is s"r.re1e Co"rt a!!re itatio#( These iss"es !a# 3e is.ro-i i#.ears that other tha# the "s"a& .istere 1ai& sho"& 3e re1o-e as a 1a##er of ser-i!eFfi&i#.art4 or !o"rt i# ee re!ei-e the 5" i!ia& affi a-it 2ithi# the .&4 so .ro-i e$ 5"st &i6e i# .art4 at &east fi-e a4s 3efore the .istere 1ai&( It is the .erio ( A#other 1i#or iss"e is 2he# is a !o"rier ser-i!e !o#si ere &i!e#se E The r"&e is #ot !&ear 2hether a se.art4 !o"& se# the 5" i!ia& affi a-it 2a4 i# a -a#!e 34 re.res"1.e#se 2ith 34 e&eti#.&e1e#ta& or a1e# e affi a-it$ &i6e i# the !ase of #e2&4* is!o-ere e-i e#!e( Is this a&&o2e a# $ if so$ ho2 sho"& it 3e o#eE ..istratio#$ there is #o #ee for se. of the SEC re.re*tria& r"&es( Can you submit amended or supplemental affidavits? There 1a4 3e i#sta#!es 2he# it is #e!essar4 to e'e!"te a s".( A .arate &i!e#se or a!!re itatio# for !o"rier ser-i!e .of the R"&e is to e'.$ a# the R"&e !a# si1.re*tria& or heari#.arate S".e ite !ases a# there !a# 3e #o re&ia#!e o# the . reaso# 2h4 re.res!ri3e . for . the .art4’s &oo6o"t if the other .t of the 5" i!ia& affi a-it 34 the !o"rt a# other .ro-i ers o# to.istratio#( It a.