The Judicial Affidavit

Rule
(A.M. No. 1208080SC)

•Promulgated on September 4, 2012

•Made effective on January 1, 2013
 Sequence of Presentation
I. Learning Objectives
II. Functions of the Judicial Affidavit
III. Scope of the Rule
IV. Period to file
V. Mode of Filling
VI. Formalities
VII. Contents of the Judicial Affidavit
VIII. Application to Criminal Cases
IX. Rule in Criminal cases
X. Effect of failure to submit a Judicial Affidavit
XI. Effect of Submitting non-complaint Judicial Affidavits
XII. Effect of the absence of the witness at the scheduled hearing
XIII. Effect of the absence of the counsel at the scheduled hearing
XIV. Applicability to pending cases
 I. Learning Objectives

At the end of the lecture, the participants will be

able to:

• Know why the Judicial Affidavit Rule was adopted;

• Know how a JA is served and filed to the other
party;
• Know its contents and what is the effect of its
non-compliance; and
• Know its applicability with criminal cases.
 II. Functions of the Judicial Affidavit

1. Take the place of direct testimonies

2. Identify and authenticate documentary or object
evidence in the case
 III. Scope of the rule

As to kinds of cases:
• All actions, proceedings, and incidents
requiring the reception of evidence.
Except: small claims cases falling under
A.M. 08-8-7-SC.
 III. Scope of the rule
For criminal cases:
• Those which the maximum penalty imposable
does not exceed 6 years;
• To their civil aspect, regardless of penalty
imposed;
• In any case where the accused agrees to the
use of the rule.
III. Scope of the rule
As to courts:
• The MTC, MTCC, and MCTC; RTC; CTA; CA;
Sandiganbayan
• Shari’a Circuit Courts, Shari’a District Courts and
the Shari’a Appellate Courts.
• Investigating officers and bodies authorized by
the Supreme Court to receive evidence, including
the Integrated Bar of the Philippines (IBP).
• Special Courts and quasi-judicial bodies
IV. Period To File
• Not later than five (5) days before pre-trial or
preliminary conference or the scheduled hearing
with respect to motions and incidents.
 V. Modes of Filling
• Personal Service;
• Licensed courier service
 VI. Formalities
• Written in language known to the witness.
• If not in English or Filipino, a translation must
be attached
 VII. Contents:
1. Personal circumstance of the witness;
2. Identity of the lawyer who conducted or supervised
the examination of the witness including the lawyer’s
address;
3. The place where the examination was held;
4. A statement that the witness answered the questions
under oath and that the witness is aware that he may
face criminal liability for false testimony or perjury;
5. 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 by the examining/supervising lawyer.
VIII. Application to Criminal Cases

1. Those which the maximum penalty

imposable does not exceed 6 years;
2. To their civil aspect, regardless of penalty
imposed;
3. In any case where the accused agrees to
the rule.
 IX. Rule in Criminal Cases:

• The prosecution shall submit the JA of his witness

not later than five (5) days before the pre-trial –
the accused shall likewise be furnished a copy
within the same period;
• Once the JA is received, no further JA or evidence
(object or documentary) may be admitted at the
trial.
 IX. Rule in Criminal Cases:

• On the part of the accused, it is optional for him to

submit a JA.
• If he chooses to submit a JA, then he has ten (10)
days form receipt of the prosecution’s JA/s within
which to submit his own JA – copies to be furnished
by the accused to the prosecutors (private or public).
 X. Effect of Failure to Submit a
Judicial Affidavit
• The defaulting party is deemed to have
waived his right to make a submission
 XI. Effect of submitting non-complaint
Judicial Affidavits

NOTE:
A judicial affidavit is non-complaint if it does not
conform to the content requirements provided for the
Judicial Affidavit Rule.

They are inadmissible.

 XII. Effect of the absence of the
witness at the scheduled hearing

• Court shall not consider the affidavit of the absent

witness because of the hearsay rule.

Except:
• If the absence is due to valid cause/s.
 XIII. Effect of the absence of the
counsel at the scheduled hearing

In the absence of the counsel to the attend the

scheduled hearing the right to cross-examine is
deemed waived.

Except:
If the absence to due valid cause/s.
 XIV. Applicability to pending
cases

The JAR is applicable to pending cases.

End of Presentation

THANK YOU!!!