see - sc.judiciary.gov.ph/admin matters/others/A.M. No. 12-8-8-SC.pdf
A.M. No. 12-8-8-SC
JUDICIAL AFFIDAVIT RULE
Section 1. Scope. - (a) This Rule shall apply to all actions,
proceedings, and incidents requiring the reception of evidence before:
(1) 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
under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari' a District Courts;
(3} The Sandiganbayan, the Court of Tax Appeals, the Court of
Appeals, and the Shari' a Appellate Courts;
(4) The investigating officers and bodies authorized by the
Supreme Court to receive evidence, including the Integrated Bar of the
Philippine (IBP); and
(5) 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.1
(b) For the purpose of brevity, the above courts, quasi-judicial
bodies, or investigating officers shalJ be uniformly referred to here as
the "court."
Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of direct
testimonies. - (a) 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:
(1) The judicial affidavits of their witnesses, which shall take the
place of such witnesses' direct testimonies; and
(2) The parties' docun1entary 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.
(b) Should a party or a witness desire to keep the original
docu1nent or object evidence in his possession, he Inay, 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.
1 By virtue of the Supreme Court's authority under Section 5 (5), Article VIII, of the 1987 Constitution to disapprove rules of procedure of special courts and quasi-judicial bodies.
This is without prejudice to the introduction of secondary evidence in
place of the original when allowed by existing rules.
Sec. 3. Contents of judicial Affidavit. - A judicial affidavit shall be
prepared in the language known to the witness and, if not in English or
Filipino accompanied by a translation in English or Filipino, and shall
contain. the following:
(a) The name,. age, residence or business address, and occupation
of the witness;
(b) 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;
(c) 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;
(d) Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
(1) Show the circumstances under which the witness
acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the
issues that the case pret;ents; and
(3) Identify the attached docun1entary and object evidence
and establish their authenticity in accordance with the Rules of
Court;
(e) The signature of the witness over his printed nan1e; and
(f) A jurat with the signature of the notary public who administers
the oath or an officer who is authorized by law to adn1inister the same.
Sec. 4. Sworn attestation of the lawyer. - (a) 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:
(1) He faithfully recorded or caused to be recorded the
questions he asked and the corresponding answers that the
witness gave; and
(2) Neither he nor any other person then present or assisting
him coached the witness regarding the latter's answers.
(b) A false attestation shall subject the lawyer mentioned to
disciplinary action, including disbarment.
Sec. 5. Subpoena. - If the governtnent employee or official, or the
requested witness, who is neither the wih1ess of the adverse party nor a
hostile wih1ess, 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 subpoena ad testificandunL or duces tecum under Rule 21
of the Rules of Court. The rules governing the issuance of a subpoena to
the witness in this case shaJl be the san1e as when taking his deposition
except that the taking of a judicial affidavit shal1 be understood to be ex
parte.
Sec. 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 testin1ony 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 pro1nptly rule on the
n1otion and, if granted, shall cause the n1arking 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.
Sec. 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 n1ay also exatnine him as on re-direct. In every
case, the court shall take active part in exan1ining the wih1ess to
determine his credibility as well as the truth of his testimony and to
elicit the answers that it needs for resolving the issues.
Sec. 8. Oral offer of and objections to exhibits. - (a) Upon the;
termination of the testimony of his last witness, a party shall
in1mediately 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.
(b) 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.
(c) .Since the documentary or object exhibits forn1 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.
Sec. 9. Application of rule to criminal actions. - (a) This rule shall
apply to all criminal actions:
(1) Where the maximum of the imposable penalty does not
exceed six years;
(2) Where the accused agrees to the use of judicial affidavits,
irrespective of the penalty involved; or
(3) With respect to the civil aspect of the actions, whatever
the penalties involved are.
(b) The prosecution shall submit the judicial affidavits of its
witnesses not later than five days before the pre-trial, serving copies ·uf
the sarne upon the accused. The complainant or public prosecutor shall
attach to the affidavits such docun1entary or object evidence as he n1ay
have, marking them as Exhibits A, B, C, and so on. No further judicial
affidavit, docun1entary, or object evidence shall be adn1itted at the trial.
(c) If 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 those of his witnesses to the court
within ten days fron1 receipt of such affidavits and serve a copy of each
on the public and private prosecutor, including his docun1entary and
object evidence previously n1arked as Exhibits 1, 2, 3, and so on. These
affidavits shall serve as direct testimonies of the accused and his
witnesses when they appear before the court to testify.
Sec. 10. Effect of non-compliance with the judicial Affidavit Rule. - (a)
A party who fails to submit the required judicial affidavits and exhibits
on time shall be deemed to have waived their subn1ission. 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 than
Pl,OOO.OO nor more than PS,OOO.OO, at the discretion of the court.
(b) 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 deen1ed
to have waived his client's right to confront by cross-examination the
witnesses there present.
(c) 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 con1pliant 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
subn1ission pays a fine of not less than Pl,OOO.OO nor tnore than
PS,OOO.OO, at the discretion of the court.
Sec. 11. Repeal or mod~fication of inconsistent rules. - The provisions
of the Rules of Court and the rules of procedure governing investigating
officers and bodies authorized by the Supreme Court to receive
evidence are repealed or modified insofar as these are inconsistent with
the provisions of this Rule.
The rules of procedure governing quasi-judicial bodies
inconsistent herewith are hereby disapproved.
Sec. 12. Effectivity.- This rule shall take effect on January 1, 2013
following its publication in two newspapers of general circulation not
later than September 15, 2012. It shall also apply to existing cases.
Manila, September 4, 2012.
