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fact that complainants simply give up

HTTP://ATTYATWORK.COM/SCOPE-OF- coming to court after repeated


APPLICATION-OF-THE-JUDICIAL-AFFIDAVIT-RULE/ postponements. Few foreign businessmen
make long-term investments in the
EFFECTIVITY AND PURPOSE OF THE Philippines because its courts are unable to
JUDICIAL AFFIDAVIT RULE provide ample and speedy protection to
their investments, keeping its people poor.
[This is Part 2 of 11 of the discussion on
the Judicial Affidavit Rule, so read In order to reduce the time needed for
the Introduction first; See full text of A.M. completing the testimonies of witnesses in
No. 12-8-8-SC, approving the Judicial cases under litigation, on 21 February 2012
Affidavit Rule] the Supreme Court approved for piloting by
trial courts in Quezon City the compulsory
The Judicial Affidavit Rule requires that use of judicial affidavits in place of the
direct examination of a witness, which is direct testimonies of witnesses. It is
the examination-in-chief of a witness by the reported that such piloting has quickly
party presenting him on the facts relevant resulted in reducing by about two-thirds the
to the issue, shall be in the form of judicial time used for presenting the testimonies of
affidavits, subject to the usual mode of witnesses, thus speeding up the hearing
cross-examination. and adjudication of cases. The adoption of
the Rule hopes to replicate nationwide the
When is the Rule effective? success of the Quezon City experience in
the use of judicial affidavits.
The Rule took effect on 1 January 2013.
However, in criminal cases without private These reasons for the issuance of the
prosecutors, the Supreme Court allowed Judicial Affidavit Rule are contained in the
public prosecutors in first- and second-level whereas clauses of A.M. No. 12-8-8-SC.
courts until the end of 2013 to utilize the
affidavits of the complainant and his REQUIRED CONTENTS OF A JUDICIAL
witnesses prepared and submitted in AFFIDAVIT UNDER THE JUDICIAL
connection with the investigation and filing AFFIDAVIT RULE
of the Information in court. Public
prosecutors are required to fully comply [This is Part 5 of 11 of the discussion on
with the Rule by 1 January 2014. the Judicial Affidavit Rule, so read
the Introduction first; See full text of A.M.
During the one-year period when the No. 12-8-8-SC, approving the Judicial
concession is in effect, the attending public Affidavit Rule]
prosecutor, upon presenting the witness,
shall require the witness to affirm what the The judicial affidavit shall contain the
sworn statement contains and may only ask following:
the witness additional direct examination
questions that have not been amply 1. The name, age, residence or business
covered by the sworn statement. address, and occupation of the witness;
The concession does not apply in criminal 2. The name and address of the lawyer who
cases where the private complainant is conducts or supervises the examination of
represented by a duly empowered private the witness and the place where the
prosecutor, who has the obligation to examination is being held;
comply with the Rule.
3. A statement that the witness is
The reasons for the issuance of the Rule answering the questions asked of him, fully
conscious that he does so under oath, and
Case congestion and delays plague most that he may face criminal liability for false
courts in cities, given the huge volume of testimony or perjury;
cases filed each year and the slow and
cumbersome adversarial system that the 4. Questions asked of the witness and his
judiciary has in place. About 40% of criminal corresponding answers, consecutively
cases are dismissed annually owing to the numbered, that:
(i) Show the circumstances under which the competent evidence of identity as defined
witness acquired the facts upon which he by the notarial rules; and (c) represents to
testifies; the notary public that the signature on the
instrument or document was voluntarily
(ii) Elicit from him those facts which are affixed by him for the purposes stated in
relevant to the issues that the case the instrument or document, declares that
presents; and he has executed the instrument or
document as his free and voluntary act and
(iii) Identify the attached documentary and deed, and, if he acts in a particular
object evidence and establish their representative capacity, that he has the
authenticity in accordance with the Rules of authority to sign in that capacity.
Court;
What is the sworn attestation of the
5. The signature of the witness over his lawyer?
printed name;
One of the problems with the Rule is the
6. A jurat with the signature of the notary fact that judges only have limited
public who administers the oath or an opportunity to observe the demeanor of the
officer who is authorized by law to witnesses.
administer the same.
Moreover, even if lawyers briefed the
7. Attestation of the lawyer. witness, the oral answer given by the
witness during direct examination is almost
What is a jurat? wholly dependent on the witness. This is no
longer true under this Rule because the
A jurat, which is different from an lawyer prepares the judicial affidavit which
acknowledgment as defined under the takes the place of the direct testimony.
Rules on Notarial Practice, refers to an act
in which an individual on a single occasion: Thus, it is now required that the judicial
(a) appears in person before the notary affidavit shall contain a sworn attestation at
public and presents an instrument or the end, executed by the lawyer who
document; (b) is personally known to the conducted or supervised the examination
notary public or identified by the notary of the witness, to the effect that:
public through competent evidence of
identity as defined by these Rules; (c) signs 1. He faithfully recorded or caused to be
the instrument or document in the presence recorded the questions he asked and the
of the notary; and (d) takes an oath or corresponding answers that the witness
affirmation before the notary public as to gave; and
such instrument or document. (Rule 2, Sec.
6 of the 2004 Rules on Notarial Practice, 2. Neither he nor any other person then
A.M. No. 02-8-13-SC) present or assisting him coached the
witness regarding the latters answers.
It is important to note the strict
requirement that, in the execution of the To put teeth to this prohibition, the Rule
jurat, the requisite competent evidence of provides that a false attestation shall
identity must include at least one current subject the lawyer mentioned to
identification document issued by an disciplinary action, including disbarment.
official agency bearing the photograph and There is no requirement that the lawyer
signature of the individual. who prepared the judicial affidavit must be
the one to present the witness in court.
For purposes of comparison,
acknowledgment refers to an act in which What language should be used in the
an individual on a single occasion: (a) affidavit?
appears in person before the notary public
and presents an integrally complete A judicial affidavit shall be prepared in the
instrument or document; (b) is attested to language known to the witness and, if not
be personally known to the notary public or in English or Filipino, accompanied by a
identified by the notary public through translation in English or Filipino.
SCOPE OF APPLICATION OF THE JUDICIAL
AFFIDAVIT RULE

[This is Part 3 of 11 of the discussion on


the Judicial Affidavit Rule, so read
the Introduction first; See full text of A.M.
No. 12-8-8-SC, approving the Judicial
Affidavit Rule]

What is the scope of application of this


rule?

The applicability of this rule may refer to:


(a) the courts where the rule will apply; (b)
the kinds of cases or proceedings where the
rule will apply; (c) the stage of the
proceeding.

Type of cases

This Rule shall apply to all actions,


proceedings, and incidents requiring the
reception of evidence. However, the Rule
shall not apply to small claims cases under
A.M. 08-8-7-SC.

The Rule may apply to criminal cases in


three situations, as follows: (1) The
maximum of the imposable penalty does
not exceed six years; (2) regardless of the
penalty involved, with respect to the civil
aspect of the actions, or where the accused
agrees to the use of the Rule.

Courts where the Rule are applicable

1. The Metropolitan Trial Courts, the


Municipal Trial Courts in Cities, the
Municipal Trial Courts, the Municipal Circuit
Trial Courts.
2. Sharia Circuit Courts, Sharia District
Courts and the Sharia Appellate Courts.
3. Regional Trial Courts.
4. Sandiganbayan.
5. Court of Tax Appeals.
6. Court of Appeals.
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.

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