THE JUDICIAL AFFIDAVIT

RULE
THE EFFICIENT
AND USE OF
PAPER RULE
BRITANICO | CIVPRO |
APR. 6
THE JUDICIAL AFFIDAVIT RULE
THE JUDICIAL AFFIDAVIT RULE
A.M. No. 12-8-8-SC
REASONS FOR THE RULE
case congestion and delays plague most courts in
cities;
about 40% of criminal cases are dismissed annually
owing to the fact that complainants simply give up
coming to court after repeated postponements; and
few foreign businessmen make long-term
investments in the Philippines because its courts are
unable to provide ample and speedy protection to their
investments, keeping its people poor
THE JUDICIAL AFFIDAVIT RULE
A.M. No. 12-8-8-SC
BRIEF HISTORICAL BACKGROUND
grew out of a pilot project that has been testing
innovative court rules in Quezon City courts since April
(but the project was launched in January 2011)
the ABA Rule of Law Initiative, financed by the USAID,
assisted in the conduct of the pilot project, which
determined vital litigation procedures that can be
amended to reduce trial times in a country where
cases take an average of six years to resolve
THE JUDICIAL AFFIDAVIT RULE
A.M. No. 12-8-8-SC
BRIEF HISTORICAL BACKGROUND
The PILOT TESTING was conducted in Quezon City
RATIO: With more than 40,000 cases pending in its first- and
second-level courts, the city has the highest caseload in
Metro Manila
RESULTS: such piloting has quickly resulted in reducing by
about two-thirds the time used for presenting the
testimonies of witnesses, thus speeding up the hearing
and adjudication of cases
SECTION 1

COVERAGE: This Rule shall apply to all actions, proceedings, and

incidents requiring the reception of evidence before:
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;
The Regional Trial Courts and the Shari'a District Courts;
The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a
Appellate Courts;
The investigating officers and bodies authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the Philippine (IBP); and
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

THE JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC
SECTION 2. THE JA SHALL TAKE THE PLACE OF
DIRECT TESTIMONIES

The parties shall file with the court and serve on the adverse
party, personally or by licensed courier service, not later
than five days before pre-trial or preliminary
conference or the scheduled hearing with respect to
motions and incidents, the following:
The judicial affidavits of their witnesses, which shall take the place of
such witnesses' direct testimonies; and
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

THE JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC
SECTION 2. THE JA SHALL TAKE THE PLACE OF
DIRECT TESTIMONIES

Should a party or a witness desire to keep the original document

or object evidence in his possession, he may, after the same has
been identified, marked as exhibit, and authenticated, warrant
in his judicial affidavit that the copy or reproduction attached to
such affidavit is a faithful copy or reproduction of that original.
In addition, the party or witness shall bring the original
document or object evidence for comparison during the
preliminary conference with the attached copy, reproduction, or
pictures, failing which the latter shall not be admitted
This is without prejudice to the introduction of secondary
evidence in place of the original when allowed by existing rules
THE JUDICIAL AFFIDAVIT RULE
A.M. No. 12-8-8-SC
SECTION 3 form

It shall be in the language known to the witness and, if not in English or

Filipino, accompanied by a translation in English or Filipino
REQUIRED CONTENTS:
The name, age, residence or business address, and occupation of the witness;
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;
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;
Questions asked of the witness and his corresponding answers, consecutively
numbered

THE JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC
SECTION 3 form

Such questions must:

Show the circumstances under which the witness acquired the
facts upon which he testifies;
Elicit from him those facts which are relevant to the issues that
the case presents; and
Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court;

The signature of the witness over his printed name; and

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

THE JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC
SECTION 4 sworn attestation of the lawyer

The judicial affidavit shall contain a sworn attestation at

the end, executed by the lawyer who conducted or
supervised the examination of the witness, to the effect
that:
He faithfully recorded or caused to be recorded the questions he
asked and the corresponding answers that the witness gave; and
Neither he nor any other person then present or assisting him
coached the witness regarding the latter's answers
A false attestation shall subject the lawyer mentioned to
disciplinary action, including disbarment

THE JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC
SECTION 5 subpoena

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
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
subpoenaad testificandumorduces tecumunder Rule 21 of
the Rules of Court. The rules governingTHEthe JUDICIAL
issuance AFFIDAVIT
of a RULE
subpoena to the witness in this case shall be the same A.M. as
No. 12-8-8-SC
when taking his deposition except that the taking of a judicial
SECTION 6 Offer of and objections to testimony in judicial
affidavit

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.
The adverse party may move to disqualify the witness or to
strike out his affidavit or any of the answers found in it on
ground of inadmissibility. The court shall promptly rule on the
motion and, if granted, shall cause the marking of any excluded
answer by placing it in brackets under the initials of an
authorized court personnel, without prejudice to a tender of
excluded evidence under Section 40 of Rule 132 of the Rules of
Court
THE JUDICIAL AFFIDAVIT RULE
A.M. No. 12-8-8-SC
SECTION 6 Offer of and objections to testimony in judicial
affidavit

Section 40 of Rule 132 of the Rules of Court

Tender of excluded evidence. If documents or
things offered in evidence are excluded by the court, the
offeror may have the same attached to or made part of
the record. If the evidence excluded is oral, the offeror
may state for the record the name and other personal
circumstances of the witness and the substance of the
proposed testimony. (n)

THE JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC
SECTION 7 Examination of the witness on his judicial
affidavit

The adverse party shall have the right to cross-examine the witness
on his judicial affidavit and on the exhibits attached to the same.

The party who presents the witness may also examine him as on re-
direct.

In every case, the court shall take active part in examining the
witness to determine his credibility as well as the truth of his
testimony and to elicit the answers that it needs for resolving the
issues.

THE JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC
SECTION 8 Oral offer of and objections to exhibits

Upon the termination of the testimony of his last witness, a party shall
immediately make an oral offer of evidence of his documentary or object
exhibits, piece by piece, in their chronological order, stating the purpose
or purposes for which he offers the particular exhibit.
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.
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.
THE JUDICIAL AFFIDAVIT RULE
A.M. No. 12-8-8-SC
SECTION 10 EFFECT OF NON-COMPLIANCE

A party who fails to submit the required judicial affidavits and exhibits on time shall be
deemed to have waived their submission. The court may, however, allow only once the late
submission of the same provided, the delay is for a valid reason, would not unduly prejudice
the opposing party, and the defaulting party pays a fine of not less thanP1,000.00 nor more
thanP5,000.00 at the discretion of the court.
The court shall not consider the affidavit of any witness who fails to appear at the scheduled
hearing of the case as required. 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.
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. The court
may, however, allow only once the subsequent submission of the compliant replacement
affidavits before the hearing or trial provided the delay is for a valid reason and would not
unduly prejudice the opposing party and provided further, that public or private counsel
responsible for their preparation and submission pays a fine of not less thanP1,000.00 nor
more thanP5,000.00, at the discretion of the court.

THE JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC
FILING OF JAs
NOT LATER THAN 5
DAYS BEFORE THE
PRELIMINARY
CONFERENCE (SEC. 2)
NG MENG TAN V. CHINA BANKING
CORP.
G.R. NO. 214054 | AUGUST 5, 2015 |
VILLARAMA, JR., J.
Whether or not Section 5 of the Judicial Affidavit
Rule applies to a hostile or adverse witness.
NO. SECTION 5 OF THE JAR DOES NOT APPLY TO ADVERSE WITNESSES
Section 5 of the JAR contemplates a situation where there is a (a)
government employee or official or (b) requested witness who isnotthe
(1) adverse partys witness nor (2) a hostile witness. If this person either
(a) unjustifiably declines to execute a judicial affidavit or (b) refuses
without just cause to make the relevant documents available to the other
party and its presentation to court, Section 5 allows the requesting party
to avail of issuance of subpoenaad testificandumorduces tecumunder
Rule 21 of the Rules of Court. Thus, adverse party witnesses and hostile
witnesses being excluded they are not covered by Section 5.Expressio
unius est exclusion alterius: the express mention of one person, thing, or
consequence implies the exclusion of all others
NG MENG TAN V. CHINA
BANKING
A.M. No. 12-8-8-SC | JAR
if the requested witness is the adverse partys witness or
a hostile witness, what procedure should be followed?
We should rely on Section 12, Rule 132 in conjunction with Section
6, Rule 25
SEC. 12.Party may not impeach his own witness. Except with respect to
witnesses referred to in paragraphs (d) and (e) of Section 10, the party
producing a witness is not allowed to impeach his credibility.
A witness may be considered as unwilling or hostile only if so declared by the
court upon adequate showing of his adverse interest, unjustified reluctance
to testify, or his having misled the party into calling him to the witness stand.
The unwilling or hostile witness so declared, or the witness who is an adverse
party, may be impeached by the party presenting him in all respects as if he
had been called by the adverse party, except by evidence of his bad
character. He may also be impeached and cross-examined by the adverse
party, but such cross-examination must only be on the subject matter of his
examination-in-chief NG MENG TAN V. CHINA
BANKING
A.M. No. 12-8-8-SC | JAR
if the requested witness is the adverse partys witness or
a hostile witness, what procedure should be followed?
We should rely on Section 12, Rule 132 in conjunction
with Section 6, Rule 25
SEC. 6.Effect of failure to serve written interrogatories.
Unless thereafter allowed by the court for good cause shown
and to prevent a failure of justice, a party not served with
written interrogatories may not be compelled by the adverse
party to give testimony in open court, or to give a deposition
pending appeal.

NG MENG TAN V. CHINA

BANKING
A.M. No. 12-8-8-SC | JAR
if the requested witness is the adverse partys witness or
a hostile witness, what procedure should be followed?
In Afulugencia v. Metropolitan Bank & Trust Co.,this Court stated that in
civil cases, the procedure of calling the adverse party to the witness stand
is not allowed, unless written interrogatories are first served upon the
latter. There petitioners Spouses Afulugencia sought the issuance of
asubpoena duces tecumandad testificandumto compel the officers of
the bank to testify and bring documents pertaining to the extrajudicial
foreclosure and sale of a certain parcel of land. Metrobank moved to
quash the issuance of the subpoenas on the ground of non-compliance
with Section 6, Rule 25 of the Rules of Court. In quashing the issuance of
the subpoena, the Court reminded litigants that the depositions are a
mechanism by which fishing expeditions and delays may be avoided.
Further written interrogatories aid the court in limiting harassment and to
focus on what is essential to a case. NG MENG TAN V. CHINA
BANKING
A.M. No. 12-8-8-SC | JAR
if the requested witness is the adverse partys witness or
a hostile witness, what procedure should be followed?
In this case, parties, with the approval of the Court, furnished and
answered interrogatories to parties pursuant to Rule 25 of the Rules of
Court. They therefore complied with Section 6 of Rule 25 of the Rules of
Court. Before the present controversy arose, the RTC had already issued
subpoenas for Yap to testify and produce documents. He was called to the
witness stand when China Bank interposed its objection for non-
compliance with Section 5 of the JAR. Having established that Yap, as an
adverse party witness, is not within Section 5 of the JARs scope, the rules
in presentation of adverse party witnesses as provided for under the Rules
of Court shall apply. In keeping with this Courts decision
inAfulugencia,there is no reason for the RTC not to proceed with the
presentation of Yap as a witness.
NG MENG TAN V. CHINA
BANKING
A.M. No. 12-8-8-SC | JAR
THE EFFICIENT USE OF
PAPER RULE
SOURCE: http://cnnphilippines.com/news/2015/03/18/Comic-Sans-font-in-a-
court-document.html#teaser-193-8069-slideshow
THE EFFICIENT USE OF PAPER RULE
A.M. No. 11-9-4-SC

REASON FOR THE RULE

There is a need to cut the judicial system's use of
excessive quantities of costly paper, save our
forests, avoid landslides, and mitigate the worsening
effects of climate change that the world is
experiencing
SECTION 2 APPLICABILITY

This rule shall apply to all courts and quasi-judicial

bodies under the administrative supervision of the
Supreme Court

THE EFFICIENT USE OF PAPER

RULE
A.M. No. 11-9-4-SC
SECTION 3 FORMAT AND STYLE

ALL pleadings, motions, and similar papers intended for the court
and quasi-judicial body's consideration and action (court-bound
papers)
shall be written in single space with a one and-a-half space between
paragraphs, using an easily readable font style of the party's choice,
of 14-size font, and on a 13-inch by 8.5-inch white bond paper; and
ALL decisions, resolutions, and orders issued by courts and by
quasi-judicial bodies under the administrative supervision of the
Supreme Court shall comply with these requirements. Similarly
covered are the reports submitted to the courts and transcripts of
stenographic notes.
THE EFFICIENT USE OF PAPER
RULE
A.M. No. 11-9-4-SC
SECTION 4 MARGINS AND PRINTS

The parties shall maintain the following margins

on all court-bound papers:
a left hand margin of 1.5 inches from the edge;
an upper margin of 1.2 inches from the edge;
a right hand margin of 1.0 inch from the edge; and
a lower margin of 1.0 inch from the edge.
Every page must be consecutively numbered

THE EFFICIENT USE OF PAPER

RULE
A.M. No. 11-9-4-SC
SECTION 5 copies to be filed

Unless otherwise directed by the court, the number of court~bound papers that
a party is required or desires to file shall be as follows:
Supreme Court En Banc one (1) original copy (properly marked as such) and fourteen
(14) additional copies, with two (2) sets of annexes (one attached to the original copy and
the other as extra copy);
Supreme Court Division one (1) original copy (properly marked as such) and four (4)
additional copies, with two (2) sets of annexes (one attached to the original copy and the
other as extra copy);
Court of Appeals and Sandiganbayan one (1) original copy (properly marked as
such) and two (2) additional copies with annexes;
Court of Tax Appeals one (1) original copy (properly marked as such) and two (2)
additional copies with annexes. If filed with the Court of Tax Appeals En Banc, one has to
submit six (6) more additional copies with annexes on top of the foregoing requirement;
Other courts one (1) original copy (properly marked as such) with stated annexes
attached to it

THE EFFICIENT USE OF PAPER

RULE
A.M. No. 11-9-4-SC
SECTION 5 copies to be filed

ADDITIONAL REQUIREMENT FOR CASES BEFORE THE

SC:
Parties to cases before the Supreme Court are further required, on
voluntary basis for the first six months following the effectivity of
this Rule and compulsorily afterwards unless the period is extended,
to submit, simultaneously with their court-bound papers, soft copies
of the same and their annexes (the latter in PDF format) either by
email to the Court's e-mail address or by compact disc (CD).
THIS REQUIREMENT IS IN PREPARATION FOR THE EVENTUAL
ESTABLISHMENT OF AN E-FILING PAPERLESS SYSTEM IN THE
JUDICIARY
THE EFFICIENT USE OF PAPER
RULE
A.M. No. 11-9-4-SC
RULES ON E-FILING (A.M. NO. 10-3-7-SC)

E-MAIL: 1) File the Paper with the Supreme Court and pay the filing fees; 2) Within 24 hours from filing of the Paper, send via e-mail
the annexes to the appropriate docketing office; 3) Format of the E-mail:
To: [e-mail of appropriate docketing office]
From: [filers e-mail address]
Subject: G.R. No. 123456 (John Doe v. Jane Doe)
(Body of E-mail)
Case Number: G.R. No. 123456
Case Title: John Doe v. Jane Doe
Name of Filing Party: John Doe
Contact Numbers: (02) 888-9900 (landline), 0900-1112233 (cp)
Other e-mail address/es, if any: [filers other e-mail address]
Title of Attached Documents:
1. Petition for Review
2. Annex A [name of document]
3. Annex B [name of document]
4. Annex C [name of document]
4) Docketing offices and their respective e-mail
Judicial Cases: Judicial Records Office (JRO); efile_jro@sc.judiciary.gov.ph;
Administrative complaints against personnel of the SC and its decentralized units (e.g. OCA, PHILJA, JBC, MCLEO); Office of the Administrative Services, SC (OAS-SC)
efile_oas_sc@sc.judiciary.gov.ph;
Administrative complaints and matters involving the Court of Appeals, Sandiganbayan, Court of Tax Appeals and lower courts, its justices, judges and personnel
Documentation, Division, Legal Office, OCA
efile_oca@sc.judiciary.gov.ph;
Administrative matters involving the SC and its decentralized units Office of the Clerk of Court En Banc efile_occeb@sc.judiciary.gov.ph;
Complaints against lawyers and other bar matters Office of the Bar Confidant (OBC)
efile_bar@sc.judiciary.gov.ph

THE EFFICIENT USE OF PAPER

RULE
A.M. No. 11-9-4-SC
RULES ON E-FILING (A.M. NO. 10-3-7-SC)

CD
File the Paper with the Supreme Court and pay the filing
fees;
Simultaneous to the filing of the Paper, submit the
compact disc (CD) containing the soft copies of the
pleading and attachments

THE EFFICIENT USE OF PAPER

RULE
A.M. No. 11-9-4-SC
SECTION 6 Annexes Served on Adverse Party

A party required by the rules to serve a copy of his

court-bound paper on the adverse party need not
enclose copies of those annexes that based on the
record of the court such party already has in his
possession. In the event a party I requests a set of the
annexes actually filed with the court, the party who filed
the paper shall comply with the request within five days
from receipt.

THE EFFICIENT USE OF PAPER

RULE
A.M. No. 11-9-4-SC
THANK YOU
WORKS CONSULTED
Judicial Affidavit Rule, A.M. 12-8-8-SC.
Efficient Use of Paper Rule, A.M. 11-9-4-SC
Rules on E-Filing, A.M. No. 10-3-7-SC
Ng Meng Tan v. CBC, G.R. No. 214054, August 5, 2015.
Philippine Supreme Court Adopts Judicial-Affidavit Rule to
Decrease Trial Time. Web.
http://www.americanbar.org/advocacy/rule_of_law/where_w
e_work/asia/philippines/news/news_philippines_supreme_c
ourt_adopts_judicial_affidavit_rule_0912.html
Philippine Supreme Court Launches a Pilot Process
Management Project. Web.
http://www.americanbar.org/advocacy/rule_of_law/where_