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Judicial Affidavit Rule

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Katherine Mercado

on 17 January 2013

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Transcript of Judicial Affidavit Rule

For a period of 1 year, the public prosecutor in the 1st and 2nd level shall be allowed to use to sworn statements that was submitted by the complainant and/or his/her witnesses.
During the hearing, the witnesses will be required to affirm the contents of the sworn statement.
Direct examination questions may be asked but only as to those matters not amptly covered by the sworn statement. Application of the Rules to criminal actions (developments)
The rules shall apply to all criminal actions:
Where the maximum of the imposable penalty does not exceed six years;
Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or
With respect to the civil aspect of actions Application of the Rules to criminal actions 3. Oral offer
Upon the termination of the testimony of the last witness, a party shall immediately make an oral offer of evidence of his exhibits, piece by piece, stating the purpose or purposes
After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection to its admission
The Court shall immediately make a ruling on the respective exhibits. Proceedings in Court 2. Examination of witness
The adverse party shall have the right to cross-examine the witness
The party presenting the witness may also examine the witness 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 Proceedings in Court 1. Presentation of witness
The party presenting the witness shall state the purpose of the witness
The adverse party may:
- Move to disqualify the witness; or
- Strike out his affidavit or any of the answers
found in it on the ground of inadmissibility
The court shall 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. Proceedings in Court If the government employee or official, or the requested witness -
Unjustifiably declines to execute a judicial affidavit; or
unjustifiably 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 subpoena ad testificandum or duces tecum. The rules applicable shall be the same as when taking his deposition EXCEPT that the taking of a judicial affidavit shall be understood to be ex parte.

The foregoing, however, shall not be applicable to the following:
Witness of the adverse party; and
Hostile witness Rule on Subpoena 4. Sworn attestation of the lawyer who conducted or
supervised the examination of the witness, to the effect
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.

NOTE: A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment  Features of the Judicial Affidavit 3. The affidavit shall contain the following:
The name, age, residence or business address and occupation of the witness;
The name and address of the lawyer who conducted or supervised the examination of the witness;
The place where the examination was 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 Features of the Judicial Affidavit 2. The affidavit shall be prepared in the language known
to the witness.

Gen. Rule: In English or Filipino
Otherwise: It shall be accompanied by a translation in English or Filipino. Features of the Judicial Affidavit Where: Serve on the adverse party and file with the court

When: Five (5) days before pre-trial or preliminary conference or the scheduled hearings with respect to motions and incidents

How: Personally or by licensed courier Submission of Judicial Affidavits and exhibits in lieu of direct testimonies 3. The Sandiganbayan, Court of Tax Appeals, Court of
Appeals, Shari’a Appellate Courts;

4. Investigating officers and bodies authorized by the
Supreme Court to receive evidence, including the

5. Special courts and quasi-judicial bodies Scope The Rule shall apply to all actions, proceedings and incidents requiring the reception of evidence before:

1. First Level Courts (Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial
Courts, Municipal Circuit Trial Courts, and Shari’a
Circuit Courts) EXCEPT small claims cases under
A.M. 08-8-7-SC;

2. The Regional Trial Courts and the Shari’a District
Courts; Scope The Judicial Affidavit Rule attempts to address the following problems:
1. Case congestion and delays which result to the
slow and cumbersome adversarial system;
2. High rate of dismissal in criminal cases (40%
3. Low foreign long-term investment rates Rationale A.M. No. 12-8-8SC Judicial Affidavit Rule The court may allow only once the late submission or the submission of a replacement affidavit (before the hearing or trial), provided:
The delay is for a valid reason;
The submission would not unduly prejudice the opposing party;
Defaulting party (late submission) or counsel (replacement affidavit) pays a fine of not less than P1,000.00 nor more than P5,000.00 Remedies
A party who fails to submit the judicial affidavits and exhibits on time shall be deemed to have waived their submission.
The court shall not consider the affidavit:
- If the witness fails to appear at the scheduled hearing;
- If the affidavit does not conform to the content and
attestation requirements.
Counsel of the adverse party who fails to appear at the hearing without valid cause despite notice shall be deemed to have waived his client’s right to cross-examine the witness. Effect of non-compliance
The submission of the judicial affidavit shall be mandatory only for the prosecution.
If the accused desires to be heard on his defense after the receipt of the prosecution, he shall have the option to submit his judicial affidavit or those of his witnesses within ten (10) days from receipt of the prosecution’s judicial affidavit/s. Application of the Rules to criminal actions Questions asked of the witness and his corresponding answers, consecutively numbered, that:
i. show the circumstances under which the
witness acquired the facts upon which he
ii. elicit from him those facts which are
relevant to the issues that the case presents;
iii. 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. Features of the Judicial Affidavit 1. The parties’ documentary or object evidence, if any, shall be attached to
the judicial affidavits and marked as exhibits.
GR: Originals are attached
Except: If the party or witness desires to keep the
original, a copy or reproduction shall be
attached, subject to the following conditions:
The exhibit is identified, authenticated and marked;
The witness warrants in his judicial affidavit that the copy or reproduction attached is a faithful copy or reproduction of the original
The original document or object evidence is brought during the preliminary conference for comparison Features of the Judicial Affidavit
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