judicial affidavit rule research

8/9/2019 Judicial Affidavit Rule Research

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Republic of the Philippines

SUPREME COURT

Manila

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

JUDICIAL AFFIDAVIT RULE

Whereas,case congestion and delays plague most courts in cities, given the huge volume of

cases filed each year and the slow and cumbersome adversarial syste1n that the judiciary has inplace;

Whereas, about 40 of criminal cases are dismissed annually owing to the fact that complainants

simply give up con1ing to court after repeated postponements;

Whereas, few foreign businessmen ma!e long"term investments in the Philippines because its

courts are unable to provide ample and speedy protection to their investments, !eeping its people

poor;

Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases

under litigation, on #ebruary $1, $01$ the %upreme &ourt approved for piloting by trial courts in'ue(on &ity the compulsory use of judicial affidavits in place of the direct testimonies of

witnesses;

Whereas, it is reported that such piloting has )uic!ly resulted in reducing by about two"thirds the

time used for presenting the testimonies of witnesses, thus speeding up the hearing andadjudication of cases;

Whereas, the %upreme &ourt &ommittee on the Revision of the Rules of &ourt, headed by %enior*ssociate +ustice *ntonio - &arpio, and the %ub"&ommittee on the Revision of the Rules on

&ivil Procedure, headed by *ssociate +ustice Roberto *- *bad, have recommended for adoptiona +udicial *ffidavit Rule that will replicate nationwide the success of the 'ue(on &ity e.perience

in the use of judicial affidavits; and

Whereas, the %upreme &ourt /n anc finds merit in the recommendation;

NOW, THEREFORE,the %upreme &ourt /n anc hereby issues and promulgates the

following

Sectio 1.Scope." 2a3 his Rule shall apply to all actions, proceedings, and incidents re)uiringthe reception of evidence before

213 he Metropolitan rial &ourts, the Municipal rial &ourts in &ities, the

Municipal rial &ourts, the Municipal &ircuit rial &ourts, and the %hari a&ircuit &ourts but shall not apply to small claims cases under *-M- 05"5"6"%&;

2$3 he Regional rial &ourts and the %haria 7istrict &ourts;


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283 he %andiganbayan, the &ourt of a. *ppeals, the &ourt of *ppeals, and the

%haria *ppellate &ourts;

243 he investigating officers and bodies authori(ed by the %upreme &ourt toreceive evidence, including the 9ntegrated ar of the Philippine 29P3; and

2:3 he special courts and )uasi"judicial bodies, whose rules of procedure are

subject to disapproval of the %upreme &ourt, insofar as their e.isting rules of

procedure contravene the provisions of this Rule-1

2b3 #or the purpose of brevity, the above courts, )uasi"judicial bodies, or investigatingofficers shall be uniformly referred to here as the court-

Sectio 2.Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies." 2a3 he

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

213 he judicial affidavits of their witnesses, which shall ta!e the place of such

witnesses direct testimonies; and

2$3 he parties docun1entary or object evidence, if any, which shall be attached tothe judicial affidavits and mar!ed as /.hibits *, , &, and so on in the case of the

complainant or the plaintiff, and as /.hibits 1, $, 8, and so on in the case of the

respondent or the defendant-

2b3 %hould a party or a witness desire to !eep the original document or object evidence in

his possession, he may, after the same has been identified, mar!ed as e.hibit, andauthenticated, warrant in his judicial affidavit that the copy or reproduction attached to

such affidavit is a faithful copy or reproduction of that original- 9n addition, the party orwitness 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-

his is without prejudice to the introduction of secondary evidence in place of the original whenallowed by e.isting rules-

Sectio !.Contents of judicial Affidavit." * judicial affidavit shall be prepared in the language

!nown to the witness and, if not in /nglish or #ilipino, accompanied by a translation in /nglishor #ilipino, and shall contain the following

2a3 he name, age, residence or business address, and occupation of the witness;

2b3 he name and address of the lawyer who conducts or supervises the e.amination of

the witness and the place where the e.amination is being held;
http://www.lawphil.net/courts/supreme/am/am_12-8-8-sc_2012.html#fnt1http://www.lawphil.net/courts/supreme/am/am_12-8-8-sc_2012.html#fnt1


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2c3 * statement that the witness is answering the )uestions as!ed of him, fully conscious

that he does so under oath, and that he may face criminal liability for false testimony or

perjury;

2d3 'uestions as!ed of the witness and his corresponding answers, consecutively

numbered, that

213 %how the circumstances under which the witness ac)uired the facts upon

which he testifies;

2$3 /licit from him those facts which are relevant to the issues that the casepresents; and

283 9dentify the attached documentary and object evidence and establish their

authenticity in accordance with the Rules of &ourt;

2e3 he signature of the witness over his printed name; and

2f3 * jurat with the signature of the notary public who administers the oath or an officerwho is authori(ed by law to administer the same-

Sectio ".Sworn attestation of the lawyer." 2a3 he judicial affidavit shall contain a sworn

attestation at the end, e.ecuted by the lawyer who conducted or supervised the e.amination of

the witness, to the effect that

213


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dis)ualify the witness or to stri!e out his affidavit or any of the answers found in it on ground of

inadmissibility- he court shall promptly rule on the motion and, if granted, shall cause the

mar!ing of any e.cluded answer by placing it in brac!ets under the initials of an authori(ed courtpersonnel, without prejudice to a tender of e.cluded evidence under %ection 40 of Rule 18$ of

the Rules of &ourt-

Sectio %.Examination of the witness on his judicial affidavit." he adverse party shall have the

right to cross"e.amine the witness on his judicial affidavit and on the e.hibits attached to thesame- he party who presents the witness may also e.amine him as on re"direct- 9n every case,

the court shall ta!e active part in e.amining 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-

Sectio 8.ral offer of and objections to exhibits." 2a3 >pon the termination of the testimony of

his last witness, a party shall immediately ma!e an oral offer of evidence of his documentary or

object e.hibits, piece by piece, in their chronological order, stating the purpose or purposes for

which he offers the particular e.hibit-

2b3 *fter each piece of e.hibit is offered, the adverse party shall state the legal ground for

his objection, if any, to its admission, and the court shall immediately ma!e its ruling

respecting that e.hibit-

2c3 %ince the documentary or object e.hibits form part of the judicial affidavits thatdescribe and authenticate them, it is sufficient that such e.hibits are simply cited by their

mar!ings during the offers, the objections, and the rulings, dispensing with the

description of each e.hibit-

Sectio &.Application of rule to criminal actions." 2a3 his rule shall apply to all criminal

actions

213 ?here the ma.imum of the imposable penalty does not e.ceed si. years;

2$3 ?here the accused agrees to the use of judicial affidavits, irrespective of the

penalty involved; or

283 ?ith respect to the civil aspect of the actions, whatever the penalties involvedare-

2b3 he prosecution shall submit the judicial affidavits of its witnesses not later than five

days before the pre"trial, serving copies if the same upon the accused- he complainant orpublic prosecutor shall attach to the affidavits such documentary or object evidence as hemay have, mar!ing them as /.hibits *, , &, and so on- =o further judicial affidavit,

documentary, or object evidence shall be admitted at the trial-

2c3 9f 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 thoseof his witnesses to the court within ten days from receipt of such affidavits and serve a


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copy of each on the public and private prosecutor, including his documentary and object

evidence previously mar!ed as /.hibits 1, $, 8, and so on- hese affidavits shall serve as

direct testimonies of the accused and his witnesses when they appear before the court totestify-

Sectio 1'.Effect of non!compliance with the judicial Affidavit "ule." 2a3 * party who fails tosubmit the re)uired judicial affidavits and e.hibits on time shall be deemed to have waived their

submission- he 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 than P 1,000-00 nor more than P :,000-00 at the discretion of the

court-

2b3 he court shall not consider the affidavit of any witness who fails to appear at the

scheduled hearing of the case as re)uired- &ounsel who fails to appear without valid

cause despite notice shall be deemed to have waived his clients right to confront by

cross"e.amination the witnesses there present-

2c3 he court shall not admit as evidence judicial affidavits that do not conform to the

content re)uirements of %ection 8 and the attestation re)uirement of %ection 4 above- he

court may, however, allow only once the subse)uent submission of the compliant

replacement affidavits before the hearing or trial provided the delay is for a valid reasonand 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

than P 1,000-00 nor more than P :,000-00, at the discretion of the court-

Sectio 11."epeal or modification of inconsistent rules." he provisions of the Rules of &ourt

and the rules of procedure governing investigating officers and bodies authori(ed by the %upreme

&ourt to receive evidence are repealed or modified insofar as these are inconsistent with theprovisions of this Rule-#$wphi#

he rules of procedure governing %uasi!judicialbodies inconsistent herewith are hereby

disapproved-

Sectio 12.Effectivity." his rule shall ta!e effect on +anuary 1, $018 following its publication

in two newspapers of general circulation not later than %eptember 1:, $01$- 9t shall also apply toe.isting cases-

Manila, %eptember 4, $01$-

MARIA LOURDES P. A. SERENO

&hief +ustice

ANTONIO T. CARPIO

*ssociate +ustice

PRES(ITERO J. VELASCO, JR.

*ssociate +ustice


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TERESITA J. LEONARDO-DE

CASTRO

*ssociate +ustice

ARTURO D. (RION

*ssociate +ustice

DISODADO M. PERLATA

*ssociate +ustice

LUCAS P. (ERSAMIN

*ssociate +ustice

MARIANO C. DEL CASTILLO

*ssociate +usticeRO(ERTO A. A(AD

*ssociate +ustice

MARTIN S. VILLARAMA, JR.

*ssociate +ustice

JOSE P. PERE)

*ssociate +ustice

JOSE C. MENDO)A

*ssociate +ustice

(IENVENIDO L. RE*ES

*ssociate +ustice

ESTELA M. PERLAS-(ERNA(E

*ssociate +ustice


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HISTORYE+itoi

A e/ co0t 0e

Philippine 7aily 9n)uirer

10: am @ hursday, %eptember Ath, $01$

Public attention on the %upreme &ourt in the last several days has necessarily focused on thepolitics of the appointment of &hief +ustice Maria Bourdes %erenoCthe suddenness of the

announcement, the surprise of a truly deep selection, the seeming snub she seems to have

suffered from the senior justices she had bypassed, her supposed debt of gratitude to President

*)uino 2and, by e.tension, the &ojuangco side of his family3, even 2most recently3 herunsolicited references to the *lmighty- /veryone loves to follow a winnerCperhaps especially

when drama and intrigue surround the winning-

ut news out of the %upreme &ourt on uesday shifts the focus bac! to its real wor! theadjudication of cases and, above that, the ever"more"effective pursuit of justice-

Doting unanimously, the justices approved the so"called judicial affidavit rule, a procedural

reform which will ta!e effect ne.t year and which is intended to speed up trial proceedings by

effectively foregoing the oral direct testimony of witnesses- *s &hristine *vendaEoFs report inyesterdayFs issue noted Ghis means that the witnesses will be Hsubjected to cross e.aminationF

immediately and IwillJ Hcut short by :0 percent the presentation of witnesses,F according to

7eputy &ourt *dministrator Raul Dillanueva, who was designated the courtFs new

Hcommunicator for judicial reform-FK

he concept was pilot"tested at the 'ue(on &ity Regional rial &ourt beginning in *pril; that is,

when Renato &orona was still chief justice- 9t was recommended for approval by the man

commonly perceived as &oronaFs chief rival in the high court, %enior *ssociate +ustice *ntonio&arpio, and by *ssociate +ustice Roberto *bad, both candidates for the position %ereno now

holds- 9t is a credit to everyone in the high court, then, that the new rule appears to have been

approved on the basis of the results of the test program and a general commitment to judicial

reform, rather than on previous or frayed loyalties-

#rom the loo!s of it, the new rule allows courts across the country to jump"start trials, so to

spea!, by accepting the affidavits 2written according to certain safeguards3 in lieu of direct

testimony- *t the same time, the rule adheres to a hard"earned culture of civil liberties 9t is

limited to the civil aspects of a criminal case, to criminal cases where the ma.imum penalty doesnot e.ceed si. years, and to graver cases 2murder, for instance3 only if the defendant agrees-

?e will be interested to !now the results of the program tested at the 'ue(on &ity R&, one of

the countryFs busiest, and what the affected accused have to say about the new rule- 9t appears to
http://opinion.inquirer.net/column/editorialhttp://opinion.inquirer.net/source/philippine-daily-inquirerhttp://opinion.inquirer.net/column/editorialhttp://opinion.inquirer.net/source/philippine-daily-inquirer


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be a sensible reform, but we must be alert to possible, perhaps unsuspected, vulnerabilities in the

new procedure %ince it privileges the act of writing 2the affidavit3, will indigent or uneducated

defendants find themselves at an additional disadvantageL ?e can imagine cases where a slic!lawyer utili(es the cross"e.amination to contrast an ill"educated witnessF answers with the

perhaps imprecise language he used in his affidavit- 9f there is a corresponding move to allow

affidavits written 2or ta!en3 in any language into the record, perhaps this will help mitigate thebias against the in" or less, articulate-

ut we trust that the high court, and the countryFs judges, will institute or follow safeguards to

ma!e the new rule a genuine advance in the pursuit of justice-

Many more, much more major, reforms lie in wait; indeed, the mandate of any post"&orona%upreme &ourt was always to embrace the cause of judicial reform itself to depolitici(e the

judiciary, to reverse the high courtFs reputation in the last years of the presidency of loria

Macapagal"*rroyo as a co(y legal club with its own set of rules, to become more transparent in

its transactions 2without losing the necessary and enabling mysti)ue essential to the crafting of

truly independent decisions3, to hold itself, the one nonpolitical branch of government, moreaccountable to the people it represents but who cannot vote for it- =ot least, to be effective in the

pursuit of justice-

he new rule of court, by providing for speedier trials, promises to do just that-

" %ee more at httpNNopinion-in)uirer-netN8A1:4Na"new"court"ruleOsthash->g#e'+D-dpuf


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Judicial afdavit rule and the public prosecutors

The Supreme CourtEn Banc, acting on the petition dated December 12, 2012 from the Prosecutors League of the

Philippines (PLP for the deferment of the effecti!it" of theJudicial Affidavit Rulefor at least a "ear in criminal cases,

resol!ed instead to modif" the public prosecutors compliance there#ith from $anuar" 1 to December %1, 201%, as

follo#s&'or the purpose of compl"ing #ith theJudicial Affidavit Rule,public prosecutors in the first and secondle!el courts

shall use the s#orn statements that the complainant and his or her #itnesses submit during the initiation of the

criminal action before the office of the public prosecutor or directl" before the trial court) *pon presenting the

#itness, the attending public prosecutor shall re+uire the #itness to affirm #hat the s#orn statement contains and

ma" onl" as the #itness additional direct e-amination +uestions that ha!e not been ampl" co!ered b" the s#orn

statement)

The Court also clarified in its threepage unsigned resolution that the modified compliance does not appl" to criminal

cases #here the complainant is represented b" a dul" empo#ered pri!ate prosecutor) The pri!ate prosecutor shall be

charged in the applicable cases the dut" to prepare the re+uired .udicial affida!its of the complainant and his or her

#itnesses and cause the ser!ice of the copies of the same upon the accused)

The Court acno#ledged that /0 of the baclog in the firstand secondle!el courts in!ol!e criminal cases, and thatdela"s in those cases are caused mainl" b" lac of prosecutors, absence of prosecution #itnesses, and lac of P

la#"ers) 3t thus e-pressed its e-pectation that public prosecutors #ill use the one"ear modified compliance period to

tae the necessar" steps to see the needed augmentation of their rans and de!elop methods and s"stems that #ould

enable them to full" compl" #ith the re+uirements of the Judicial Affidavit Rule#hen the modified compliance

period ends) The Court also stated that the Ruleshall remain in full force and effect in all other cases and situations

not co!ered b" the resolution) (*nsigned 4es), 5 6o 12//SC,Judicial Affidavit Rule,$anuar" /, 2012


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Piiie S0e3e Co0t A+ot4 J0+ici-

A55i+6it R0e to Dece4e Ti Ti3e

September &'#&

n %eptember :, the %upreme &ourt of the Philippines unanimously adopted a new procedural

rule that mandates the use of judicial affidavits for direct witness testimony in most cases in first"and second"level courts and )uasi"judicial bodies nationwide- he rule, which is the first major

judicial reform under new &hief +ustice Maria Bourdes %ereno, will drastically cut trial times-

he rule grew out of a pilot project that has been testing innovative court rules in 'ue(on &ity

courts since *pril- he ** Rule of Baw 9nitiative 2** RB93, funded by the >nited %tates*gency for 9nternational 7evelopment 2>%*973, helped conduct the pilot project, which

identified !ey litigation procedures that can be amended to reduce trial times in a country where

cases ta!e an average of si. years to resolve-

>nder the new rule, instead of conducting direct testimony in court, attorneys will submitaffidavits with )uestions and answers that witnesses have supplied while under oath- o give

opposing counsel sufficient review time, the affidavits must be submitted at least five days prior

to a preliminary conference in a case or the hearing of motions- 9n trial, attorneys cross"e.aminewitnesses based on the already submitted affidavits- 7eputy &ourt *dministrator Raul Dillanueva

said that the rule will cut Gthe presentation of witnesses,K which accounts for much of a trialFs

length, by :0 percent-

he judicial"affidavit rule is part of the Philippine judiciaryFs larger campaign to reduce trial

times and increase judicial efficiency and access to justice- ther reforms, such as limiting thenumber of pages in briefs and the number of continuances lawyers can re)uest, are still being

tested in 'ue(on &ity, with ongoing support from ** RB9 and >%*97- ** RB9 haswor!ed closely with the Philippine %upreme &ourt and other sta!eholders to craft and implement

pilot rules, and to develop a system for monitoring and evaluating their effectiveness- ** RB9

solicits inputs from judges, lawyers and court personnel to ensure that the resulting rules address

sta!eholder"identified problems- ** RB9 has also trained affected personnel to support thesuccessful implementation of the rules-

" %ee more at

httpNNwww-americanbar-orgNadvocacyNruleQofQlawNwhereQweQwor!NasiaNphilippinesNnewsNnews

QphilippinesQsupremeQcourtQadoptsQjudicialQaffidavitQruleQ01$-htmlOsthash-*!#5


11/28

SC OKs rules on 'judicial afdavits' to speed up cases | e!s | "#$ e!s

Online | The "o%To Site &or ilipinos (ver)!here

SC OKs rules on 'judicial afdavits' to speed up cases | News | GMA News Online |

The Go-To Site or !ilipinos "ver#where

The Supreme Court on Tuesday approved the guidelines on using "judicial affidavits" in an effort tospeed up the resolution of cases by cutting down in half the period in presenting evidence.

At a media briefing, Supreme Court Deputy Court Administrator aul !illanueva said the use of

judicial affidavits would be pilot-tested at the Quezon City regional trial court.

!illanueva is the vice chairman of the Ad oc Committee on the #roposed #ractice $uidelines for

%ue&on City Trial Courts and was recently designated as Chief 'ustice (aria )ourdes Sereno*s

"communicator on judicial reforms."

Villanueva said the Judicial Affidavit Rule will be published on epte!ber "# and will ta$e

effect January " ne%t year.

'udicial affidavits are sworn statements containing the witness* tetsimony in +uestionandanswer

form. They are usually used in place of the traditional direct testimony to e-pedite the presdentation

of evidence.

The highprofile, threeyearold (aguidnanao murder trial has been using judicial affidavits for +uite

some time now.

)ast year, the parties have agreed that only a handful of the relatives of the / massacre victims

would sit on the witness stand to be direct e-mained by the defense, while the rest would juste-ecute judicial affidavits.

'udicial affidavits are used particularly for the civil aspect of the murder case, in which families of the

slain victims who are claiming damages from the suspects would just submit judicial affidavits

instead of detailing in court their 0nowledge about the 0illings.
http://www.gmanetwork.com/news/story/272523/news/nation/sc-oks-rules-on-judicial-affidavits-to-speed-up-caseshttp://www.gmanetwork.com/news/story/272523/news/nation/sc-oks-rules-on-judicial-affidavits-to-speed-up-caseshttp://www.gmanetwork.com/news/story/272523/news/nation/sc-oks-rules-on-judicial-affidavits-to-speed-up-caseshttp://www.gmanetwork.com/news/story/272523/news/nation/sc-oks-rules-on-judicial-affidavits-to-speed-up-caseshttp://www.gmanetwork.com/news/story/272523/news/nation/sc-oks-rules-on-judicial-affidavits-to-speed-up-caseshttp://www.gmanetwork.com/news/story/272523/news/nation/sc-oks-rules-on-judicial-affidavits-to-speed-up-caseshttp://www.gmanetwork.com/news/story/272523/news/nation/sc-oks-rules-on-judicial-affidavits-to-speed-up-caseshttp://www.gmanetwork.com/news/story/272523/news/nation/sc-oks-rules-on-judicial-affidavits-to-speed-up-cases


12/28

S0e3e Co0t o74 90i+eie4 o :0+ici

55i+6it 0e

$# Sand# Araneta%The &hilippine Star | (pdated Septe)*er +, ./ - /0..a)

. . 1oo1leplus. .

M*=9B*, Philippines S he %upreme &ourt 2%&3 has approved the guidelines on judicialaffidavits of witnesses aimed at speeding up the hearing and adjudication of cases by reducing

the period of presenting evidence in courts-

9n a paid advertisement published in yesterdayFs issue of Te St, the 14 %& magistrates led by

&hief +ustice Ma- Bourdes %ereno signed the G+udicial *ffidavit RuleK contained in*dministrative Matter =o- 1$"5"5"%&- 9t will ta!e effect on +an- 1, $018-

>nder the approved rule, 7eputy &ourt *dministrator Raul Dillanueva said lawyers and

prosecutors can directly cross"e.amine witnesses since their affidavits will be submitted in court

before the start of the hearing-


13/28

*+,$T(S

SC clari-es Judicial $fdavit Rule not suspended

=etails

Cate1or#0 Nation

&u*lished on Thursda#, .< >anuar# ./< .0./

?ritten *# &NA and 35 Acosta

T2" Supre)e Court %SC clari@ed on Thursda# that the i)ple)entation o the

>udicial Afdavit 3ule %>A3 is not suspended5

n a state)ent, the CourtBs &u*lic nor)ation Ofce %&O said Chie >ustice Maria

ourdes Sereno has su*)itted to the SC en *anc or deli*eration the reDuest o the

&rosecutors ea1ue o the &hilippines %&& to deer its i)ple)entation or a #ear5

EChie >ustice Maria ourdes &5A5 Sereno, respondin1 to a reDuest ro) the && or

the deer)ent o the i)ple)entation o the >A3 or at least a #ear in cri)inal cases,

has directed that the reDuest *e included in the a1enda o the Supre)e CourtBs @rst

en *anc session o the #ear on >anuar# 6,F the SC &O said in a state)ent5

The >A3 reDuires su*)ission o judicial afdavits in lieu o direct testi)on# o

witnesses in cri)inal cases5

t too: eect on >anuar# /, ./ustice 3o*erto A5 A*ad, to suspend its i)ple)entation pendin1 decision o the SC

en *anc5

A*ad, with Associate >ustices =iosdado M5 &eralta and ucas &5 $ersa)in, )et with

)e)*ers o the && on =ece)*er /5
http://www.businessmirror.com.ph/index.php/news/nation/7189-sc-clarifies-judicial-affidavit-rule-not-suspendedhttp://www.businessmirror.com.ph/index.php/news/nationhttp://www.businessmirror.com.ph/index.php/component/mailto/?tmpl=component&template=ja_teline_iv&link=2877810a6ad04e39494eb91abc5e3ca3cfc5483ehttp://www.businessmirror.com.ph/index.php/news/nation/7189-sc-clarifies-judicial-affidavit-rule-not-suspended?tmpl=component&print=1&layout=default&page=http://www.businessmirror.com.ph/index.php/news/nation/7189-sc-clarifies-judicial-affidavit-rule-not-suspendedhttp://www.businessmirror.com.ph/index.php/news/nation


14/28

Ater the )eetin1, A*ad )ade the reco))endation to suspend the i)ple)entation

o the >A35

The new rule, approved *# the SC unani)ousl# in Septe)*er ./, provides that

Ewhen a part# Jwhether plainti or deendant Duestions his own witness, he no

lon1er needs to place the witness on the witness stand5F

As a su*stitute, the part# or his law#er )erel# su*)its the written sworn state)ent

o his witness in a Duestion-and-answer or)at5

t also reDuires each part# to the case to attach all his docu)entar# evidence to the

judicial afdavit, which, in turn, )ust *e su*)itted at least @ve da#s *eore the

Epre-trialF or Epreli)inar# conerenceF in the case5

The >A3 was said to *e eective in reducin1 the ti)e used or presentin1 the

testi)onies o witnesses *# a*out two-thirds ater a pilot pro1ra) was conducted in

the courts in LueIon Cit#5

2owever, the && said its )e)*ers have li)ited ti)e to prepare judicial afdavits

*ecause the# are saddled with heav# wor:load5

n its letter to Sereno, the && said preparation or judicial afdavits is also )ore

ti)e consu)in1 than conductin1 direct eHa)ination o witnesses5

t added that while it has *een successul in LueIon Cit# or would *e successul in

Metro Manila areas, this is so *ecause there are )an# prosecutors in the area unli:e

in the provinces with too ew prosecutors5

EThe prosecutors in the re1ional, provincial and cit# prosecution ofces have li)ited

ti)e to prepare judicial afdavits *ecause the# are alread# saddled with heav#

wor:loads, Jsic such as trial, includin1 cri)inal and special proceedin1s cases

preli)inar# investi1ation, inDuest proceedin1s and su))ar# investi1ation Jdirect

@lin1,F the && said5

t added that the SCBs successul eHperi)ent in LueIon Cit# on the >A3 Ecannot

appl# to prosecution ofces with ewer nu)*er o prosecutors5F

t said0 EMoreover, while liti1ants in LueIon Cit# usuall# reside within the cit#, those

in the re1ions and provinces reside in inaccessi*le and ar un1 areas5

EThus, the# will spend additional eHpenses in 1oin1 to prosecution ofces to eHecute

their judicial afdavits5F


15/28

SC 3o+i5ie4 i3e3ettio o5 :0+ici

55i+6it 0e$#Tetch Torres

NL(3"35net

60. p) | Tuesda#, >anuar# 6th, ./anuar# 9, ./< *# ?=>eave a Co))ent

%tarting +anuary 1, $018, the +udicial *ffidavit Rule should have been effective and

implemented, until the association of public prosecutors had filed a petition see!ing its defermentfor a year, due to difficulty in complying with the rule, and for some other reasons such as case

load and often unavailability of witnesses-

* novel rule, it is one imposed to e.pedite proceedings with the end in view of slowly clearingthe doc!ets of our courts, both the Municipal rial &ourt and Regional rial &ourt-

9t is mandatory in the lower level courts, and in civil proceedings in the R&- 9n the latter court,in a criminal prosecution, an accused may opt not to avail himself or herself of the rule, and

forthwith proceed to trial under the regular proceedings, that is, a witness ta!es the witness stand,

gives a direct testimony subject to cross"e.amination by the other counsel de parteNde oficio, re"direct and re"cross, and clarificatory )uestions from the court, all under the one"day, one"witness

rule-

he petition of the public prosecutors 2often referred to as fiscals3 had been granted- Meaning, a

one"year reprieve from the rule, or that, the affidavits in the initiatory complaint ma!e ta!e theplace of the judicial affidavit-

his prompted a lawyer employed by the Public *ttorneyFs ffice to as! +ustice Roberto *bad, if

the deferment would apply to the P*- +ustice *bad, spea!ing before judges and lawyers at a

recent forum at =atureFs Dillage, in alisay &ity, said well, they have not received any petitionfrom the P*-

his means to say that, with the +udicial *ffidavit Rule, a counsel or party intending to present a

witness must furnish the other partyNcounsel a copy of the judicial affidavit of said witness, five

days before the date of hearing, and complying with the re)uired formalities-

%aid formalities include the identification and mar!ing of e.hibits 2pieces of evidence3 whose

mar!ing and identification would have ta!en most of the direct e.amination-

*lso, under the rule, as can be gathered during the ensuing open discussion during +ustice *badFs

forum, the presiding judge may also conduct the cross"e.amination, and this time, a lawyercannot object on the )uestion 2of course, as the judge would be the one to rule on said
http://www.watchmendaily.com/author/theeditor/http://www.watchmendaily.com/opinion/indelible-ink-judicial-affidavit-rule/#commentshttp://www.watchmendaily.com/author/theeditor/http://www.watchmendaily.com/opinion/indelible-ink-judicial-affidavit-rule/#comments


19/28

objectionT3, but may interpose an objection to the answer to the judgeFs )uery- ?hewT 'uite a

novel rule, indeed-

ut sure enough, the new rule on judicial affidavit will be )uite a new e.perience for thelawyers-

*s a new one finding myself in the labyrinth of law practice, 9 find the new rule effective, if

followed to the letter- *lthough lawyers have yet to get ac)uainted with it, 9 donFt !now if there

could be circumventions to the rule, hope none-

*nd if you donFt mind, 9 would start wor!ing on one affidavit under this new rule, and see if itcan pass the re)uirements of the new rule- %ee you on the ne.t drop on your 9ndelible 9n! then-


20/28

$,3$T$"(S4,IS$,3$T$"(S

INTRODUCTION

Justice is sweet and musical; but injustice is harsh and discordant.

-Henry David Thoreau

There is this popular legal saying by British statesman William Gladstone that

justice delayed is justice denied. The saying is short and sweet, but undeniably

true as far as the Philippine judicial system is concerned.

ne of the main concerns or problems in our judicial system is the huge

number of cases being filed in the lower courts. These cases piles up year after year

up to the point that the court itself ha!e a huge bac"log of undecided cases. This

affects greatly not only the court but also the #ilipino people. $any are denied

justice right from the !ery start of litigation. $any lose confidence and trust in the

judicial system, "nowing that going to the court is tantamount to months or years

of waiting and frustration. This does not only affect our fellow #ilipinos, but alsoforeigners who are in the country for business or in!estment. #oreigners not only

ha!e to deal with the !olatile political situation in the country, but also the slow

legal processes that they usually undergo. The slow pace of our legal process most

often than not, lead foreigners to in!est somewhere else, li"e better%off &sian

neighbors Thailand and $alaysia.


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The 'upreme (ourt recogni)es the problem so to address this, they

promulgated &$ *o. +%-%-%'( or the udicial &ffida!it /ule. The udicial &ffida!it

/ule is designed to sol!e the problems in our judicial system and ha!e shown greatresults in its initial application 0 reducing about two%thirds of the time for the

presentation of witnesses in a proceeding. 1n this report, we will tac"le the

ad!antages as well as the disad!antages of the udicial &ffida!it /ule.


22/28

ADVANTAGES OF JUDICIAL AFFIDAVIT RULE

+. The udicial &ffida!it /ule aims to decongest the courts with huge !olume of

cases.

The udicial affida!it rule was designed with a purpose, that is, to speed up

the judicial processes in our courts. &s substantially pro!ided in the rule, judicial

affida!its will replace direct e2aminations. The witness is immediately readied for

cross%e2amination as soon as the purpose of a witness3 testimony is announced and

4uestions about its admissibility are resol!ed. /edirect may be done by the partywho presented the witness if necessary. 5eputy (ourt &dministrator /aul 6illanue!a

said that the rule will cut the presentation of witnesses, which accounts for much

of a trial3s length, by 78 percent.

. The udicial &ffida!it /ule aims to speed up judicial processes in all court actions9

proceedings.

&s substantially stipulated under 'ection + of the udicial &ffida!it /ule, this

rule shall apply to all actions, proceedings, and incidents re4uiring the reception of

e!idence before the $etropolitan Trial (ourt, $unicipal Trial (ourt in (ities,

$unicipal Trial (ourts, $unicipal (ircuit Trial (ourts, and the 'hari3a (ircuit (ourts,

/egional Trial (ourts and the 'hari3a 5istrict (ourts, and e!en the 'andiganbayan,

the (ourt of Ta2 &ppeals, the (ourt of &ppeals, and the 'hari3a &ppellate (ourts as

well as in!estigating bodies authori)ed by the 'upreme (ourt to recei!e e!idence

including the 1ntegrated Bar of the Philippines.


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The scope of the udicial &ffida!it /ule is really aimed at considerably

speeding up the judicial processes not only at the lower le!el courts, but also up to

the le!el of the 'andiganbayan and (ourt of &ppeals.

:. The udicial &ffida!it /ule pro!ides for strict compliance to ensure speedy judicial

processes.

To ensure that purpose of udicial &ffida!it /ule is followed, the rule pro!ides

for strict compliance of its pro!isions. 1f the counsels of either party fail to follow

the rule, it will ha!e repercussions in their case. &s substantially pro!ided in 'ection

+8 of the rule, a party who fails to submit the re4uired judicial affida!its and

e2hibits on time shall be deemed to ha!e a wai!ed their submission, unless the

delay was caused by a !alid reason. The defaulting party shall be liable to pay a fine

of not less than P+,888 nor more than P7,888, at the discretion of the (ourt.

;. &llows the udge to assess 4uic"ly whether or not to grant bail when bail is a

matter of discretion by reading through all of the submitted affida!its.

&ccording to 'ection of the udicial &ffida!it /ule, it is substantially

pro!ided therein that the parties shall file with the court and the ad!erse party not

later than


24/28

7. To attract foreign businessmen to ma"e long%term in!estment in the Philippines

"nowing that their in!estments are protected by a fast judicial process.

The udicial &ffida!it /ule also aims to protect foreign in!estors that are

caught in the slow pace of our judicial process. #oreign businessmen3s in!estments

are often turned%off to in!est in our country not only because of corruption but also

because of the length of time that they are to appear before our courts concerning

their cases that would ta"e years to resol!e. &ccording to an online article of the

&merican Bar &ssociation, the said new litigation rule can reduce trial times where

cases ta"e an a!erage of si2 years to resol!e. This will considerably reduce the

foot%dragging that foreign in!estors usually e2perience when they are subjected

to our court proceedings. #oreign in!estors will ha!e a peace of mind that they

don3t ha!e to e2pect that their cases will drag on for years, and would%be foreign

in!estors will ha!e a restored faith in our judicial processes.

(http://www.americanbar.org/advocacy/rule_of_law/where_we_work/aia/philippin

e/new/new_philippine_upreme_court_adopt_!udicial_affidavit_rule_"#$%.htm

l=

>. The submitted judicial affida!it promotes greater accuracy in the recording of the

direct testimony since the court stenographer and interpreter, who may occasionally

e2perience some "ind of a drought in ?nglish terminologies, are ta"en out of the

e4uation, at least, during this phase.

@. &lso, the rule permits and compels the early ta"ing and preser!ation of the

witnesses3 testimony, which may otherwise ha!e a hard time remembering details

of e!ents which too" place months or years past.
http://www.americanbar.org/advocacy/rule_of_law/where_we_work/asia/philippines/news/news_philippines_supreme_court_adopts_judicial_affidavit_rule_0912.htmlhttp://www.americanbar.org/advocacy/rule_of_law/where_we_work/asia/philippines/news/news_philippines_supreme_court_adopts_judicial_affidavit_rule_0912.htmlhttp://www.americanbar.org/advocacy/rule_of_law/where_we_work/asia/philippines/news/news_philippines_supreme_court_adopts_judicial_affidavit_rule_0912.htmlhttp://www.americanbar.org/advocacy/rule_of_law/where_we_work/asia/philippines/news/news_philippines_supreme_court_adopts_judicial_affidavit_rule_0912.htmlhttp://www.americanbar.org/advocacy/rule_of_law/where_we_work/asia/philippines/news/news_philippines_supreme_court_adopts_judicial_affidavit_rule_0912.htmlhttp://www.americanbar.org/advocacy/rule_of_law/where_we_work/asia/philippines/news/news_philippines_supreme_court_adopts_judicial_affidavit_rule_0912.html


25/28

DISADVANTAGES OF JUDICIAL AFFIDAVIT RULE

+. udicial affida!its was also more time consuming than conducting direct

e2amination of witnesses.

The preparation of the judicial affida!it ta"es more time than conducting

direct e2amination in court because affiants ha!e to be subpoenaed and inter!iewed

before the prosecutor could prepare their judicial affida!it.A

While it is true that there was a positi!e feedbac" and success to the pilot

testing conducted in ue)on (ity (ourts to determine whether or not judicial

affida!it was feasible and9or that would be successful in $etro $anila areas, this

was so because there were sufficient number of prosecutors in the area unli"e in

the pro!inces with too few prosecutors.

AThe prosecutors in the regional, pro!incial and city prosecution offices ha!e

limited time to prepare judicial affida!its because they are already saddled with

hea!y wor"loads, such as trial, including criminal and special proceedings casesC

preliminary in!estigation, in4uest proceedings and summary in!estigation


26/28

&s what has been the practice, a trial udge will either belie!e or ignore the

weight of a testimony depending on the demeanor of the witness or witnesses

primarily on direct e2amination. With the implementation of the judicial affida!its,

this will now be downplayed.

#urthermore, the use of judicial affida!its will minimi)e the outburst of

emotion on the part of witnesses on stand. Eence, this may impact on the amount

of moral and e2emplary damages that a pri!ate complainant may reco!er in a

criminal case. &s noted, moral damages are awarded for the sorrow, fright and

sleepless nights suffered by complainants, while e2emplary damages are those

awarded to show others, by way of e2ample, that similar conduct will be hardlyobser!ed, if not totally unrecogni)ed, by our (ourts.


27/28

*+ 5a! 6778 and Judicial $fdavits

< Potes

Uou have to give it to Mar! Meruenas of M* news online- f

the ten or so reporters covering the Maguindanao massacre, only he reported that &hief +usticeMaria Bourdes %erenoFs latest judicial reform, the use of judicial affidavits, has been practiced in

the controversial case involving the gruesome death of :5 victims- 9n a meeting between

counsels that was presided by


28/28

*n obvious disadvantage though of the use of these affidavits is that it puts a lawyer who !nows

what )uestions to as! on direct e.amination at a disadvantage- his is because the affidavits are a

odsend to those who do not !now what )uestions to as!-

judicial affidavit rule research

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