1. Judicial Affidavit Rule (AM No.

12-8-8-SC)

1.1. Scope and Applicability

Applicability: All actions, proceedings, and incidents
requiring the reception of evidence.
Forum:
Metropolitan Trial Courts, MTCC, MTC, MCTC
and Charia Circuit Courts

BUT this shall not apply to small claims

cases under AM 08-8-7-SC

RTC and Sharia District Cours

Sandiganbayan, Court of Tax Appeals, Court of
Appeals, Sharia Appellate Courts
Investigating officers and bodies authorized by
the Supreme Court to receive evidence including
the IBP
Special courts
Quasi-judicial bodies

1.2. Contents and Procedure

1.2.1. Procedure
1) Parties shall file with the court
2) Service on the adverse party not later than 5
days before pre-trial or preliminary conference, or the
scheduled hearing with respect to motions and
incidents
a) Personal service
b) Licensed courier service
1.2.2. What to file? (in relation to the above)
1) Judicial affidavits of witnesses
a) This takes the place of such witnesses
direct testimony
2) Documentary or object evidence, if any,
which shall be attached to the judicial
affidavits

a) Plaintiff/Complainant --> Evidence

marked as Exhibits A, B, C and so on;
b) Defendant/Respondent --> marked as
Exhibits 1, 2, 3, and so on;
c) A party may keep the original document
or object evidence in his possession.
Requisites:
i.

The said document/object has been

identified, marked as exhibit, and
authenticated

ii. Party shall warrant in his judicial

affidavit that the copy attached is a
faithful reproduction of that original
iii. Party shall bring the original
document/object for comparison
during the pre-con.
iv. If the above is not met, the copy
shall not be admitted.
1.2.3. Contents
Language: JA prepared in the language known to the
witness
English/Filipino: No translation required.
Other language/dialect: Statements must be
accompanied by an English/Filipino translation

JA shall contain the ff:

1) Name, age, residence/business address,
occupation;
2) Name and address of the conducting/supervising
lawyer, and place of examination;
3) Statement that
a) witness is answering the questions asked of
him
b) fully conscious that he does so under oath

c) That he may face criminal liability for false

testimony or perjury
4) Questions asked and corresponding answers
which are consecutively numbered,that:
a) Show the circumstances under which the
witness acquired the facts upon which he
testifies
b) Elicit from him those facts which are
relevant to the issues that the case presents;
and
c) Identify the attached documentary and object
evidence and establish their authenticity in
accordance with the Rules of Court

JA of prosecution, when to submit

Submit not later than 5 days before pre-trial
Copies must be served upon the accused
Documentary and Object evidence must be
attached to the JA if any, marked as exhibits A, B,
C, and so on..
NO FURTHER JA, documentary or object
evidence shall be admitted at trial.

JA of accused after receipt of JA of prosecution

If accused desires to be heard on his defense after
receipt of the JA of the prosecution

5) Signature of witness over printed name; and

Option:

6) Jurat with the signature of the notary public

Submit his JA and JA of witnesses
within 10 days from receipt of
Prosecutions affidavits

1.2.3.1. Sworn Attestation of the Lawyer

JA shall contain a sworn attestation at the end
executed by the conducting/supervising lawyer:

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
latters answers
Note: False attestation shall subject the lawyer to
disciplinary action, including disbarment.

1.3. Application to Criminal Actions

JAR applies to all criminal actions where:
1) The max of the imposable penalty does not
exceed 6 years;
2) Accused agrees to the use of judicial affidavits,
irrespective of the penalty involved; or
3) With respect to the civil aspect of the actions,
whatever the penalties involved are.

1 copy of each must be served on

the public and private prosecutor,
including his documentary an object
evidence previously marked as
Exhibits 1, 2, 3, and so on.

1.4. Effect of non-compliance

Failure to submit JA and Exhibits on time is
deemed a waiver of a partys submission.

Court may allow late submission once

provided: 1) there is a valid reason, 2) it
would not unduly prejudice the opposing
party, and 3) defaulting party pays a fine of
not less than P1,000.00 nor more than
P5,000.00.

Failure of witness to appear at the scheduled

hearing. The court shall not consider the JA of
any witness who fails to appear at the scheduled
hearing.
Failure of counsel to appear without valid
cause. Counsel shall be deemed to have waived

his clients right to confront by

cross-examination the witnesses there present.
Failure to conform to the contents
requirements of Section 3. The court shall not
admit as evidence JAs that do not conform to the
contents requirements.

But court may allow once, the subsequent

submission of the replacement affidavits
provided: 1) delay is for a valid reason, 2)
would not unduly prejudice the opposing
party, and 3) private or public counsel
responsible for the preparation must pay a
fine of not less than P1,000.00 and not more
than 5,000.00

1.5. Effect on other rules

Repeal/modification: provision of the Rules of
Court and the rules of procedure governing
investigating officers and bodies authorized by
the Supreme Court to receive evidence are
repealed or modified insofar as these are
inconsistent with the provisions of this Rule.