Republic of the Philippines

8th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
xxx
PEOPLE OF THE PHILIPPINES,
Plaintiff;
Criminal Case No. xx
For: Serious Physical Injuries
-versusxxx
Accused.
x-------------------------------------------x
RESOLUTION
For resolution is the Motion to Disallow the Judicial Affidavit
of Dr. xx on the ground that by express provision of Section 10,
A.M. No. 12-8-8-SC, a party who fails to submit the required
judicial affidavit and exhibits on time shall be deemed to have
waived their submission.
The prosecution objects arguing that within the same Rule
quoted above, it provides that the Court may allow the late
submission of judicial affidavits, provided, the delay is for a valid
reason, would not unduly prejudice the opposing party, and the
defaulting party pays a fine ranging from P1,000.00 to P5,000.00.
The Court finds that the delay of the submission of the
Judicial Affidavit of Dr. xx is for a valid reason because the delay
was not due to bad faith or gross negligence on the part of the
Prosecution. Records show that this case was filed on March 25,
2011, while the Judicial Affidavit Rule became effective only on
January 1, 2013. When the Prosecution presented its previous
witnesses namely, xx, sans their judicial affidavits, the Accused
did not bother to oppose the same, giving the Prosecution the
impression that such is allowed as a matter practice in the courts.
When at last, the Accused realized the said error, it moved for the
expunction of the testimony of Dr. xx which was made without
Judicial Affidavit, which the Court granted. While Dr. xx testimony
was expunged from the records for non-compliance of the Rule, it
does not follow that the Court may not allow his testimony upon
submission of the required Judicial Affidavit, subject to the
exceptions, and in the interest of substantial justice and liberality
on the application of the Rules of Procedure in order to achieve
proper dispensation of justice.
WHEREFORE, the instant motion is denied, subject to the
condition that the Prosecution pays the amount of P1,000.00 to
the Clerk of Court, as fine for late submission of the Judicial
Affidavit of Dr. xx
SO ORDERED.
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IN CHAMBRS, this 5th day of January 2017, xx City.

xx
Presiding Judge

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