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Republic of the Philippines two-thirds the time used for presenting not apply to small claims

SUPREME COURT the testimonies of witnesses, thus cases under A.M. 08-8-7-
Manila speeding up the hearing and SC;
adjudication of cases;
A.M. No. 12-8-8-SC (2) The Regional Trial
JUDICIAL AFFIDAVIT RULE Whereas, the Supreme Court Committee Courts and the Shari'a
on the Revision of the Rules of Court, District Courts;
Whereas, case congestion and delays headed by Senior Associate Justice
plague most courts in cities, given the Antonio T. Carpio, and the Sub- (3) The Sandiganbayan,
huge volume of cases filed each year Committee on the Revision of the Rules the Court of Tax Appeals,
and the slow and cumbersome on Civil Procedure, headed by Associate the Court of Appeals, and
adversarial syste1n that the judiciary has Justice Roberto A. Abad, have the Shari'a Appellate
in place; recommended for adoption a Judicial Courts;
Affidavit Rule that will replicate
Whereas, about 40% of criminal cases nationwide the success of the Quezon (4) The investigating
are dismissed annually owing to the fact City experience in the use of judicial officers and bodies
that complainants simply give up con1ing affidavits; and authorized by the
to court after repeated postponements; Supreme Court to receive
Whereas, the Supreme Court En Banc evidence, including the
Whereas, few foreign businessmen finds merit in the recommendation; Integrated Bar of the
make long-term investments in the Philippine (IBP); and
Philippines because its courts are unable NOW, THEREFORE, the Supreme Court
to provide ample and speedy protection En Banc hereby issues and promulgates (5) The special courts
to their investments, keeping its people the following: and quasi-judicial bodies,
poor; whose rules of procedure
Section 1. Scope. - (a) This Rule shall are subject to disapproval
Whereas, in order to reduce the time apply to all actions, proceedings, and of the Supreme Court,
needed for completing the testimonies of incidents requiring the reception of insofar as their existing
witnesses in cases under litigation, on evidence before: rules of procedure
February 21, 2012 the Supreme Court contravene the provisions
approved for piloting by trial courts in (1) The Metropolitan Trial of this Rule.1
Quezon City the compulsory use of Courts, the Municipal
judicial affidavits in place of the direct Trial Courts in Cities, the (b) For the purpose of brevity, the
testimonies of witnesses; Municipal Trial Courts, above courts, quasi-judicial
the Municipal Circuit Trial bodies, or investigating officers
Whereas, it is reported that such piloting Courts, and the Shari' a shall be uniformly referred to
has quickly resulted in reducing by about Circuit Courts but shall here as the "court."
Section 2. Submission of Judicial affidavit is a faithful copy or may face criminal liability for
Affidavits and Exhibits in lieu of direct reproduction of that original. In false testimony or perjury;
testimonies. - (a) The parties shall file addition, the party or witness
with the court and serve on the adverse shall bring the original document (d) Questions asked of the
party, personally or by licensed courier or object evidence for witness and his corresponding
service, not later than five days before comparison during the answers, consecutively
pre-trial or preliminary conference or the preliminary conference with the numbered, that:
scheduled hearing with respect to attached copy, reproduction, or
motions and incidents, the following: pictures, failing which the latter (1) Show the
shall not be admitted. circumstances under
(1) The judicial affidavits which the witness
of their witnesses, which This is without prejudice to the acquired the facts upon
shall take the place of introduction of secondary evidence in which he testifies;
such witnesses' direct place of the original when allowed by
testimonies; and existing rules. (2) Elicit from him those
facts which are relevant
(2) The parties' Section 3. Contents of judicial Affidavit. - to the issues that the
docun1entary or object A judicial affidavit shall be prepared in case presents; and
evidence, if any, which the language known to the witness and,
shall be attached to the if not in English or Filipino, accompanied (3) Identify the attached
judicial affidavits and by a translation in English or Filipino, and documentary and object
marked as Exhibits A, B, shall contain the following: evidence and establish
C, and so on in the case their authenticity in
of the complainant or the (a) The name, age, residence or accordance with the
plaintiff, and as Exhibits business address, and Rules of Court;
1, 2, 3, and so on in the occupation of the witness;
case of the respondent or
(e) The signature of the witness
the defendant. (b) The name and address of the over his printed name; and
lawyer who conducts or
(b) Should a party or a witness supervises the examination of (f) A jurat with the signature of
desire to keep the original the witness and the place where the notary public who administers
document or object evidence in the examination is being held; the oath or an officer who is
his possession, he may, after the
authorized by law to administer
same has been identified, (c) A statement that the witness the same.
marked as exhibit, and is answering the questions asked
authenticated, warrant in his of him, fully conscious that he
judicial affidavit that the copy or Section 4. Sworn attestation of the
does so under oath, and that he lawyer. - (a) The judicial affidavit shall
reproduction attached to such
contain a sworn attestation at the end, governing the issuance of a subpoena to Section 8. Oral offer of and objections to
executed by the lawyer who conducted the witness in this case shall be the exhibits. - (a) Upon the termination of the
or supervised the examination of the same as when taking his deposition testimony of his last witness, a party
witness, to the effect that: except that the taking of a judicial shall immediately make an oral offer of
affidavit shal1 be understood to be ex evidence of his documentary or object
(1) He faithfully recorded parte. exhibits, piece by piece, in their
or caused to be recorded chronological order, stating the purpose
the questions he asked Section 6. Offer of and objections to or purposes for which he offers the
and the corresponding testimony in judicial affidavit. - The party particular exhibit.
answers that the witness presenting the judicial affidavit of his
gave; and witness in place of direct testimony shall (b) After each piece of exhibit is
state the purpose of such testimony at offered, the adverse party shall
(2) Neither he nor any the start of the presentation of the state the legal ground for his
other person then witness. The adverse party may move to objection, if any, to its admission,
present or assisting him disqualify the witness or to strike out his and the court shall immediately
coached the witness affidavit or any of the answers found in it make its ruling respecting that
regarding the latter's on ground of inadmissibility. The court exhibit.
answers. shall promptly rule on the motion and, if
granted, shall cause the marking of any (c) Since the documentary or
(b) A false attestation shall excluded answer by placing it in brackets object exhibits form part of the
subject the lawyer mentioned to under the initials of an authorized court judicial affidavits that describe
disciplinary action, including personnel, without prejudice to a tender and authenticate them, it is
disbarment. of excluded evidence under Section 40 sufficient that such exhibits are
of Rule 132 of the Rules of Court. simply cited by their markings
Section 5. Subpoena. - If the during the offers, the objections,
government employee or official, or the Section 7. Examination of the witness and the rulings, dispensing with
requested witness, who is neither the on his judicial affidavit. - The adverse the description of each exhibit.
witness of the adverse party nor a hostile party shall have the right to cross-
witness, unjustifiably declines to execute examine the witness on his judicial Section 9. Application of rule to criminal
a judicial affidavit or refuses without just affidavit and on the exhibits attached to actions. - (a) This rule shall apply to all
cause to make the relevant books, the same. The party who presents the criminal actions:
documents, or other things under his witness may also examine him as on re-
control available for copying, direct. In every case, the court shall take (1) Where the maximum
authentication, and eventual production active part in examining the witness to of the imposable penalty
in court, the requesting party may avail determine his credibility as well as the does not exceed six
himself of the issuance of a subpoena ad truth of his testimony and to elicit the years;
testificandum or duces tecum under Rule answers that it needs for resolving the
21 of the Rules of Court. The rules issues.
(2) Where the accused evidence previously marked as Section 4 above. The court may,
agrees to the use of Exhibits 1, 2, 3, and so on. These however, allow only once the
judicial affidavits, affidavits shall serve as direct subsequent submission of the
irrespective of the penalty testimonies of the accused and compliant replacement affidavits
involved; or his witnesses when they appear before the hearing or trial
before the court to testify. provided the delay is for a valid
(3) With respect to the reason and would not unduly
civil aspect of the actions, Section 10. Effect of non-compliance prejudice the opposing party and
whatever the penalties with the judicial Affidavit Rule. - (a) A provided further, that public or
involved are. party who fails to submit the required private counsel responsible for
judicial affidavits and exhibits on time their preparation and submission
(b) The prosecution shall submit shall be deemed to have waived their pays a fine of not less
the judicial affidavits of its submission. The court may, however, than P 1,000.00 nor more
witnesses not later than five days allow only once the late submission of than P 5,000.00, at the discretion
before the pre-trial, serving the same provided, the delay is for a of the court.
copies if the same upon the valid reason, would not unduly prejudice
accused. The complainant or the opposing party, and the defaulting Section 11. Repeal or modification of
public prosecutor shall attach to party pays a fine of not less inconsistent rules. - The provisions of the
the affidavits such documentary than P 1,000.00 nor more Rules of Court and the rules of
or object evidence as he may than P 5,000.00 at the discretion of the procedure governing investigating
have, marking them as Exhibits court. officers and bodies authorized by the
A, B, C, and so on. No further Supreme Court to receive evidence are
judicial affidavit, documentary, or (b) The court shall not consider repealed or modified insofar as these are
object evidence shall be admitted the affidavit of any witness who inconsistent with the provisions of this
at the trial. fails to appear at the scheduled Rule.1âwphi1

hearing of the case as required.


(c) If the accused desires to be Counsel who fails to appear The rules of procedure governing quasi-
heard on his defense after without valid cause despite judicial bodies inconsistent herewith are
receipt of the judicial affidavits of notice shall be deemed to have hereby disapproved.
the prosecution, he shall have waived his client's right to
the option to submit his judicial confront by cross-examination Section 12. Effectivity. - This rule shall
affidavit as well as those of his the witnesses there present. take effect on January 1, 2013 following
witnesses to the court within ten its publication in two newspapers of
days from receipt of such (c) The court shall not admit as general circulation not later than
affidavits and serve a copy of evidence judicial affidavits that September 15, 2012. It shall also apply
each on the public and private do not conform to the content to existing cases.
prosecutor, including his requirements of Section 3 and
documentary and object the attestation requirement of Manila, September 4, 2012.
MARIA LOURDES P. A. SERENO
Chief Justice Associate Associate
Justice Justice

PRESBITERO
ANTONIO T. ESTELA M. PERLAS-BERNABE
J. VELASCO,
CARPIO Associate Justice
JR.
Associate
Associate
Justice
Justice

TERESITA J.
ARTURO D.
LEONARDO-
BRION
DE CASTRO
Associate
Associate
Justice
Justice

DISODADO LUCAS P.
M. PERLATA BERSAMIN
Associate Associate
Justice Justice

MARIANO C.
ROBERTO A.
DEL
ABAD
CASTILLO
Associate
Associate
Justice
Justice

MARTIN S.
JOSE P.
VILLARAMA,
PEREZ
JR.
Associate
Associate
Justice
Justice

JOSE C. BIENVENIDO
MENDOZA L. REYES