JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC

RATIONALE OF THE JAR

Case congestion and delays
Criminal cases are dismissed because the complai
nants give up attending trials because of repeated
postponements
Courts are unable to provide ample and speedy pr
otection for foreign investments

SCOPE

All actions, proceedings, and incidents requiring re

ception of evidence before:
MTC,

MTCC, MCTC, Sharia Circuit Courts

except small claims cases

RTC,

Sharia District Courts

Sandiganbayan, CTA, CA, Sharia Appellate Courts
Investigating officers and bodies authorized by the Sup
reme Court to receive evidence including the IBP
Special courts, quasi-judicial bodies

PROCESS
Parties

FILE
SERVE

Personally

When?

Court
Adverse
Party

How?

Courier Service

Not later than 5 days before:

Pre-trial
Preliminary Conference
Scheduled Hearing

WHAT SHOULD BE SUBMITTED?

Judicial Affidavits of Witnesses

Replace

witness direct testimonies

Documentary or Object Evidence

For

Plaintiffs mark as Exhibits A, B, C, and so on

For Defendants mark as Exhibits 1, 2, 3, and so on

If a party or witness desires to keep the original document

or object evidence in his possession:

Have the same identified, marked as exhibit, and authenticated

Warrant in his JA that the copy or reproduction attached to such af
fidavit is a faithful copy or reproduction of the original
Original and copy should be brought for comparison during preli
minary conference

CONTENTS
Prepared in a language known to the witness
If not in English or Filipino, it should be accompani
ed by a translation in English or Filipino

CONTENTS

Name, age, residence/business address, occupation of the witness

Name and address of lawyer who conducts or supervises the exami

nation of the witness and the place where the examination is being
held

Statement that the witness is answering the questions asked of him,

fully conscious that he does so under oath, and that he may face cri
minal liability for false testimony or perjury

Questions asked of the witness and his corresponding answers

Show circumstances under which the witness acquired the facts
Elicit from him those facts which are relevant to the issues
Identify the attached documentary and object evidence and establish th
eir authenticity in accordance with the Rules of Court

Signature of witness over printed name

Jurat

SWORN ATTESTATION OF THE LAWYER

JA should contain a sworn attestation at the end, e

xecuted by the lawyer who conducted or supervise
d the examination of the witness
Contents:
He

faithfully recorded or caused to be recorded the qu

estions asked and the answers given by the witness
Neither he nor other person then present or assisting
him coached the witness regarding the latters answers

False attestation shall subject the lawyer to discipli

nary action, including disbarment

SUBPOENA
If the government employee or official, requested w
itness (neither a witness of the adverse party or a h
ostile witness) unjustifiably declines to execute a JA
or refuses without just cause to make the relevant
books, documents, or other things under his contro
l available for copying, authentication, and eventual
production in Court, the requesting party may avail
himself of the issuance of a SUBPOENA AD TESTIFIC
ANDUM or DUCES TECUM under Rule 21 of the ROC
The rules shall be the same as when taking his depo
sition except that the taking of a JA shall be underst
ood to be ex parte.

OFFER OF AND OBJECTIONS TO TESTIMON

Y IN JUDICIAL AFFIDAVIT
Party presenting the JA of his witness shall state th
e purpose of such testimony at the start of the pre
sentation of the witness
Adverse party may move to disqualify the witnes
s or strike out his affidavit on the ground of inadmi
ssibility
Court shall promptly rule on the motion
If granted, Court shall cause the marking of any ex
cluded answer by placing it in brackets under the i
nitials of an authorized Court personnel, without p
rejudice to a tender of excluded evidence under Ru
le 132.

EXAMINATION OF WITNESS ON HIS JUDICI

AL AFFIDAVIT
Adverse Party right to cross-examine
Party who presents witness may also examine him
as on re-direct
Court shall take part in examining the witness

Determine

his credibility
Determine the truth of his testimony
Elicit the answers needed to resolve the issue

ORAL OFFER OF AND OBJECTIONS TO EXHI

BITS

Upon termination of the testimony of his last witness:

Party

shall immediately make an oral offer of evidence of h

is documentary or object exhibits
Piece by piece
Chronological order
State the purpose for which he offers the exhibit

After each piece of exhibit is offered, the adverse part

y shall state the legal ground for his objection, if any, t
o its admission
Court shall rule on the objection
It is sufficient that such exhibits are simply cited by th
eir markings during the offers, objections, and rulings.
Descriptions may be dispensed with.

APPLICATION TO RULE ON CRIMINAL ACTI

ONS

Apply when:
Maximum

imposable penalty does not exceed 6 years

Accused agrees to the use of JA, irrespective of penalty involved
With respect to civil aspect of actions, irrespective of penalties inv
olved

Prosecution shall submit the JA of its witnesses not later tha

n 5 DAYS before PRE-TRIAL. Copies must be served to the acc
used.
No further JA, documentary, or object evidence shall be adm
itted at the trial
Accused may submit his own JA or that of his witnesses wi
thin 10 DAYS from receipt of such affidavits. Copies must be
served to public and private prosecutors

These

affidavits shall serve as direct testimonies of the accused an

d his witnesses when they appear in Court to testify

EFFECT OF NON-COMPLIANCE WITH JAR

Party who fails to submit waived
Late submission allowed for valid reason; should not prejudi
ce opposing party; subject to a fine of P1000-P5000
Court shall not consider the affidavit of any witness who fails t
o appear at the scheduled hearing of the case as required
Counsel who fails to appear without valid cause waiver of his
clients right to cross-examine the witness there present
Court shall not admit as evidence the affidavits which do not c
onform to the content requirements (Sec.3) and attestation (Se
c.4)
Court may allow ONCE, the subsequent submission of the com
pliant replacement affidavits before the hearing or trial provid
ed:

the delay is for a valid reason; would not unduly prejudice the opposi
ng party; subject to a fine of P1000-P5000

REPEAL OR MODIFICATION OF INCONSIST

ENT RULES
Provisions of ROC and rules of procedure governin
g investigating officers and bodies authorized by th
e SC to receive evidence are REPEALED or MODIFIE
D insofar as these are inconsistent with the provisi
ons of this Rule.
Rules of procedure governing quasi-judicial bodies
inconsistent herewith are hereby disapproved.

EFFECTIVITY
January 1, 2013
OCA Circular 05-2013

Modifying

31, 2013

public prosecutors compliance to December

OCA Circular 01-2014

Extension

of the modified public prosecutors complian

ce to December 31, 2014

SAMPLE