Judicial Affidavit Rule

Judicial Affidavit RuleA.M. No. 12-8-8-SC

Rationale of the JARCase congestion and delaysCriminal cases are dismissed because the complainants give up attending trials because of repeated postponementsCourts are unable to provide ample and speedy protection for foreign investments

ScopeAll actions, proceedings, and incidents requiring reception of evidence before:MTC, MTCC, MCTC, Sharia Circuit Courts except small claims casesRTC, Sharia District CourtsSandiganbayan, CTA, CA, Sharia Appellate CourtsInvestigating officers and bodies authorized by the Supreme Court to receive evidence including the IBPSpecial courts, quasi-judicial bodies

How?ProcessPartiesFILEAdverse PartyCourtSERVEPersonallyCourier ServiceWhen?Not later than 5 days before:Pre-trialPreliminary ConferenceScheduled HearingWhat should be submitted?Judicial Affidavits of WitnessesReplace witness direct testimoniesDocumentary or Object EvidenceFor Plaintiffs mark as Exhibits A, B, C, and so onFor 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 authenticatedWarrant in his JA that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of the originalOriginal and copy should be brought for comparison during preliminary conferenceContentsPrepared in a language known to the witnessIf not in English or Filipino, it should be accompanied by a translation in English or Filipino

ContentsName, age, residence/business address, occupation of the witnessName and address of lawyer who conducts or supervises the examination of the witness and the place where the examination is being heldStatement 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 perjuryQuestions asked of the witness and his corresponding answersShow circumstances under which the witness acquired the factsElicit from him those facts which are relevant to the issuesIdentify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of CourtSignature of witness over printed nameJuratSworn Attestation of the LawyerJA should contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the examination of the witnessContents:He faithfully recorded or caused to be recorded the questions asked and the answers given by the witnessNeither he nor other person then present or assisting him coached the witness regarding the latters answersFalse attestation shall subject the lawyer to disciplinary action, including disbarmentSubpoenaIf the government employee or official, requested witness (neither a witness of the adverse party or a hostile witness) unjustifiably declines to execute a JA 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 SUBPOENA AD TESTIFICANDUM or DUCES TECUM under Rule 21 of the ROCThe rules shall be the same as when taking his deposition except that the taking of a JA shall be understood to be ex parte.Offer of and Objections to Testimony in Judicial AffidavitParty presenting the JA of his witness shall state the purpose of such testimony at the start of the presentation of the witnessAdverse party may move to disqualify the witness or strike out his affidavit on the ground of inadmissibilityCourt shall promptly rule on the motionIf granted, Court 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 Rule 132.Examination of Witness on His Judicial AffidavitAdverse Party right to cross-examineParty who presents witness may also examine him as on re-directCourt shall take part in examining the witnessDetermine his credibilityDetermine the truth of his testimonyElicit the answers needed to resolve the issueOral Offer of and Objections to ExhibitsUpon termination of the testimony of his last witness:Party shall immediately make an oral offer of evidence of his documentary or object exhibitsPiece by pieceChronological orderState the purpose for which he offers the exhibitAfter each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admissionCourt shall rule on the objectionIt is sufficient that such exhibits are simply cited by their markings during the offers, objections, and rulings. Descriptions may be dispensed with.Application to Rule on Criminal ActionsApply when:Maximum imposable penalty does not exceed 6 yearsAccused agrees to the use of JA, irrespective of penalty involvedWith respect to civil aspect of actions, irrespective of penalties involvedProsecution shall submit the JA of its witnesses not later than 5 DAYS before PRE-TRIAL. Copies must be served to the accused.No further JA, documentary, or object evidence shall be admitted at the trialAccused may submit his own JA or that of his witnesses within 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 and his witnesses when they appear in Court to testifyEffect of Non-Compliance with JARParty who fails to submit waivedLate submission allowed for valid reason; should not prejudice opposing party; subject to a fine of P1000-P5000Court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as requiredCounsel who fails to appear without valid cause waiver of his clients right to cross-examine the witness there presentCourt shall not admit as evidence the affidavits which do not conform to the content requirements (Sec.3) and attestation (Sec.4)Court may allow ONCE, the subsequent submission of the compliant replacement affidavits before the hearing or trial provided:the delay is for a valid reason; would not unduly prejudice the opposing party; subject to a fine of P1000-P5000Repeal or Modification of Inconsistent RulesProvisions of ROC and rules of procedure governing investigating officers and bodies authorized by the SC to receive evidence are REPEALED or MODIFIED insofar as these are inconsistent with the provisions of this Rule.Rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby disapproved.

EffectivityJanuary 1, 2013OCA Circular 05-2013Modifying public prosecutors compliance to December 31, 2013OCA Circular 01-2014Extension of the modified public prosecutors compliance to December 31, 2014Sample