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The document discusses the Judicial Affidavit Rule approved by the Supreme Court of the Philippines. The rule requires direct examination of witnesses in court cases to be in the form of sworn written affidavits to reduce trial time. It aims to address issues like long trial delays that have caused high case dismissal rates. Under the rule, lawyers will prepare written affidavits for witnesses that include their questions and the witness's answers. Lawyers must also sign an attestation affirming they did not coach the witness. The rule applies to most court cases but not small claims, and allows affidavits in some criminal cases for up to one year as a transition period.
The document discusses the Judicial Affidavit Rule approved by the Supreme Court of the Philippines. The rule requires direct examination of witnesses in court cases to be in the form of sworn written affidavits to reduce trial time. It aims to address issues like long trial delays that have caused high case dismissal rates. Under the rule, lawyers will prepare written affidavits for witnesses that include their questions and the witness's answers. Lawyers must also sign an attestation affirming they did not coach the witness. The rule applies to most court cases but not small claims, and allows affidavits in some criminal cases for up to one year as a transition period.
The document discusses the Judicial Affidavit Rule approved by the Supreme Court of the Philippines. The rule requires direct examination of witnesses in court cases to be in the form of sworn written affidavits to reduce trial time. It aims to address issues like long trial delays that have caused high case dismissal rates. Under the rule, lawyers will prepare written affidavits for witnesses that include their questions and the witness's answers. Lawyers must also sign an attestation affirming they did not coach the witness. The rule applies to most court cases but not small claims, and allows affidavits in some criminal cases for up to one year as a transition period.
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.