JUDICIAL AFFIDAVIT RULE

 is intended to expedite court proceedings, is new and far from complete, necessitating an extensive discussion to
thresh out various issues. Lawyers could keep their observations to themselves and hope that the other party
commits a mistake, most likely gaining an edge by reason of technicality.
Reasons for the issuance of the rule:

Case congestion and delays

Courts Applicable to all actions, proceedings, and incidents requiring the reception of evidence before
applicable 1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari’ a Circuit Courts but shall not apply to small claims cases

2. The Regional Trial Courts and the Shari’a District Courts;

3. The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari’a Appellate
Courts;

4. The investigating officers and bodies authorized by the Supreme Court to receive evidence,
including the Integrated Bar of the Philippine (IBP);

5. quote The 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

Submission of · parties are to file with the court and serve on the advere party, not later than 5 days before pre trial
judicial or PC or scheduled hearing with respects to the motions and incidents
affidavits in lieu · affidavits to be submitted
of direct
testmonies
o The judicial affidavits of their witnesses, which shall take the place of such witnesses’ direct
testimonies; and

o 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 as Exhibits 1,
2, 3, and so on in the case of the respondent or the defendant.

Ø If the party would want to keep the original document or object evidence, he may, after he has
identified it, marked as exhibit and authenticated, warrant in his judicial affidavit that the copy or
reproduction attached is a faithful copy

Ø The docs shall be brought during the preliminar conference with the attached copy and reproduction

Ø This is without prejudice to the introduction of secondary evidence in place of the original when
allowed by existing rules.

Services is personal or through licensed courier

– The purpose of the Rule is to expedite cases and there can be no reliance on the presumptive

LEGFORMS Judicial Affidavit Rule Page 1 of 5

 receipt by reason of registered mail.

Contents · prepared in the language known to the witness and, if not in English or Filipino, accompanied by a
translation in English or Filipino,
Content:

1. The name, age, residence or business address, and occupation of the witness;

2. 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

3. 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

4. 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;

5. The signature of the witness over his printed name; and

6. 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.

Sworn Ø At the end of the judicial affidavit by the lawyer who conducted or supervised the examination of
attestation of witness that:
the attorney (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.

False attestation: disbarment

Purpose:

– Since the judge was not able to observe the witness while he was making his affidavit

Subpoena
Ø If the government employee or official, or the requested witness, who is neither the witness of the
adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or refuses

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 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.
Ø 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 shal1 be understood to be ex parte.

Offer of and Ø Shall state the purpose of such testi at the start of the presentation of witness
objections to the Ø Adverse party may move to disqualify the witness or strike out his affidavit or any of the answers on
testimony in the ground of inadmissibility
judicial affidavit
Ø Court will rule on the motion, if granted- marking of any excluded by placing brackets under the
initials of an authorized court personnel, without prejudice to a tender of excluded evidence under sec
40 rule 132

Examination of Ø Adverse party shall have the right to cross examine the witness on his JA and exhibits
witness in his Ø There can also be re direct
judicial affidavit
Ø Court shall take active part in examining of the witness to determine his credibility and to the truth

Oral offer of and (a) Upon the termination of the testimony of his last witness, a party shall immediately make an oral
objections to offer of evidence of his documentary or object exhibits, piece by piece, in their chronological order,
exhibits stating the purpose or purposes for which he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if
any, to its admission, and the court shall immediately make its ruling respecting that exhibit.

(c) Since the documentary or object exhibits form part of the judicial affidavits that describe and
authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offers,
the objections, and the rulings, dispensing with the description of each exhibit.

Applicability to This rule shall apply to all criminal actions:

criminal actions (1) Where the maximum of the imposable penalty does not exceed six years;

(2) Where the 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.

Ø Prosecution to submit JA of its witnesses not later than 5 days before pre trial, serving copies to the
accused

Ø Complainant or prosi shall attach affidavits and evidence he may have and marking them as exhibits
a,b,c

Ø . No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.

Ø If the accused desires to be heard on his defense after receipt of the judicial affidavits of the
prosecution, 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

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 private prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3,
and so on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they
appear before the court to testify.

Effect with non Failure to submit JA and exhibits on time:

compliance to Ø Waiver of submission
JAR
Ø Court may allow only once the late submission provided that the delay is:

o For a valid reason

o Not unduly prejudice the opposing party

o Defaulting party to pay fine of not less than 1k and not more than 5k at the discretion of the court

Ø The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing
of the case as required.

Ø Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his
client’s right to confront by cross-examination the witnesses there present.

Ø The court shall not admit as evidence judicial affidavits that do not conform to the content
requirements of Section 3 and the attestation requirement of Section 4 above.

When may court allow the subsequent submission of compliant replacement affidavits:

o Before the hearing or trial

o Provided that delay is for a reason and not unduly prejudice the opposing party

o Fine for the public or private counsel not less than 1k or more than 5k

 Amended or supplemental affidavits, when allowed? – There may be instances when it is necessary to execute a
supplemental or amended affidavit, like in the case of newly-discovered evidence.
Judicial affidavits:

 If RTC- no, unless the accused consents, or unless if the subject of judicial affidavit is the civil aspect.
 In MTC- always judicial affidavit.
 S5 of the Judicial Affidavit Rule expressly excludes from its application adverse party and hostile witnesses. Enough
for the party calling the adverse party witness to serve beforehand written interrogatories pursuant to S6 R25. (Ng
Meng Tam v. China Banking Corp., 5 August 2015).
 In cases covered by the Judicial Affidavit Rule, 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.

Jurat:

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  refers to an act in which an individual on a single occasion: (a) appears in person before the notary public and
presents an instrument or document; (b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; (c) signs the instrument or document in the
presence of the notary; and (d) takes an oath or affirmation before the notary public as to such instrument or
document
Acknowledgment:

 an act in which an individual on a single occasion: (a) appears in person before the notary public and presents an
integrally complete instrument or document; (b) is attested to be personally known to the notary public or identified
by the notary public through competent evidence of identity as defined by the notarial rules; and (c) represents to the
notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated
in the instrument or document, declares that he has executed the instrument or document as his free and voluntary
act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity.
Jurat:

SUBSCRIBED AND SWORN to before me, this _____________, by _____________ who exhibited to me (his/her) Community Tax
Certificate No. _____________ issued at _____________ on _____________ and by _____________ who exhibited to me (his/her) Community
Tax Certificate No. _____________ issued at _____________ on _____________.

Acknowledgment:

REPUBLIC OF THE PHILIPPINES)

CITY/MUNICIPALITY OF ______) SS.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally appeared _____________ with
Community Tax Certificate No. _____________ issued on _____________ at _____________ (and Tax Identification No. (T.I.N.) _____________),
known to me and to me known to be the same person who executed the foregoing instrument which (he/she) acknowledged
to me as (his/her) free and voluntary act and deed, consisting of only ______ (____) page/s, including this page in which this
Acknowledgement is written, duly signed by (him/her) and (his/her) instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
JAR vs deposition

 Affidavits are formal requirements. Not admissible in evidence, except if it is a JA or it satisfies the requirement of the
judicial affidavit rule.
 Depostions- means to compel disclosure of facts of persons which are relevant.

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