Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
http://attyatwork.com/introduction-to-and-discussion-on-the-judicial-affidavit-rule/
7. Investigating officers and bodies authorized by the Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP).
8. 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.
SERVICE AND FILING OF THE JUDICIAL AFFIDAVIT
The parties shall serve on the adverse party and file with the court not later than five days before pre-trial
or preliminary conference or the scheduled hearing with respect to motions and incidents.
This Rule amends the existing minimum period, which is three days, for the service and filing of the pretrial brief. Under the new Rule, considering that the judicial affidavit must be attached to the pre-trial brief,
the latter must be served and filed within five days.
Service and filing of the judicial affidavit in criminal cases
This is the only portion of the Rule that provides a separate provision for criminal cases, veering from the
simultaneous filing of judicial affidavits by the parties. The general rule is reiterated, but this time
applicable only to the prosecution, to submit the judicial affidavits of its witnesses not later than five days
before the pre-trial, serving copies of the same upon the accused. The complainant or public prosecutor
shall attach to the affidavits such documentary or object evidence as he may have, marking them as
Exhibits A, B, C and so on. No further judicial affidavit, documentary, or object evidence shall be admitted
at the trial.
If the accused, on the other hand, 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 from receipt of such affidavits and serve a copy of each on the public and
private prosecutor, including his documentary and object evidence previously marked 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.
It is interesting to note that only the paragraph applicable to the prosecution contains the provision that:
No further judicial affidavit, documentary, or object evidence shall be admitted at the trial. Does this
mean that the accused is covered by the general rule, which allows the late filing of the affidavit?
How is the service/filing done?
The Rule specifies only two manners of service or filing of the affidavit: by personal service or by licensed
courier service. It is interesting that there is no express mention of registered mail and it is logical that
the term courier service does not refer to, and does not include, registered mail. The purpose of the Rule
is to expedite cases and there can be no reliance on the presumptive receipt by reason of registered mail.
There is no overriding reason why registered mail should be removed as a manner of service/filing. A party
could send the judicial affidavit way in advance by registered mail. It is the partys lookout if the other
party or court indeed received the judicial affidavit within the prescribed period.
Another minor issue is when is a courier service considered licensed? The rule is not clear whether a
separate license or accreditation for courier service providers on top of the SEC registration. It appears
that other than the usual government registration, there is no need for separate Supreme Court
accreditation.
These issues can be dispensed with by deleting the portion providing for personal service or by courier.
This is surplusage. The intent of the Rule is to ENSURE receipt of the judicial affidavit by the court and
other party at least five days before the pre-trial or hearing, and the Rule can simply so provide, just like in
pre-trial rules.
Can you submit amended or supplemental affidavits?
There may be instances when it is necessary to execute a supplemental or amended affidavit, like in the
case of newly-discovered evidence. Is this allowed and, if so, how should it be done?
REQUIRED CONTENTS OF A JUDICIAL AFFIDAVIT UNDER THE JUDICIAL AFFIDAVIT RULE
The judicial affidavit shall contain the following:
1. The name, age, residence or business address, and occupation of the witness;
2. 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;
3. 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;
4. 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 testifies;
(ii) Elicit from him those facts which are relevant to the issues that the case presents; and
(iii) Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court;
5. The signature of the witness over his printed name;
6. 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.
7. Attestation of the lawyer.
What is a jurat?
A jurat, which is different from an acknowledgment as defined under the Rules on Notarial Practice,
refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent evidence
of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and (d) takes an oath or affirmation
before the notary public as to such instrument or document. (Rule 2, Sec. 6 of the 2004 Rules on Notarial
Practice, A.M. No. 02-8-13-SC)
It is important to note the strict requirement that, in the execution of the jurat, the requisite competent
evidence of identity must include at least one current identification document issued by an official agency
bearing the photograph and signature of the individual.
For purposes of comparison, acknowledgment refers to an act in which an individual on a single
occasion:
(a) appears in person before the notary public and presents an integrally complete instrument or
document; (b) is attested to be personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by the notarial rules; and
(c) represents to the notary public that the signature on the instrument or document was voluntarily
affixed by him for the purposes stated in the instrument or document, declares that he has executed the
instrument or document as his free and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sign in that capacity .
What is the sworn attestation of the lawyer?
One of the problems with the Rule is the fact that judges only have limited opportunity to observe the
demeanor of the witnesses.
Moreover, even if lawyers briefed the witness, the oral answer given by the witness during direct
examination is almost wholly dependent on the witness. This is no longer true under this Rule because the
lawyer prepares the judicial affidavit which takes the place of the direct testimony.
Thus, it is now required that 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 latters
answers.
To put teeth to this prohibition, the Rule provides that a false attestation shall subject the lawyer
mentioned to disciplinary action, including disbarment. There is no requirement that the lawyer who
prepared the judicial affidavit must be the one to present the witness in court.
What language should be used in the 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.