Professional Documents
Culture Documents
Judicial Affidavit Rule
Judicial Affidavit Rule
The Judicial Affidavit Rule (A.M. No. 12-8-8-SC), promulgated on September 4, 2012 and made effective
on January 1, 2013, is a procedural innovation which has the ultimate aim of decongesting court dockets
by replacing the direct testimony of parties and witnesses in court with sworn affidavits submitted to the
court and furnished to the opposing party not later than 5 days before the pre-trial, preliminary
conference, or the scheduled hearing with respect to motions and incidents.
The JA is not a pleading nor is it a motion.
NOTE: The JA of the main parties are not being marked as exhibits. However, JAs of other witnesses
may be marked as exhibits (this is more for convenience, though not in the Rules – may be subject to
further clarifications by the SC).
NOTE: No mention of “service by registered mail”. Also, “licensed courier service” not well defined by the
Rules.
Formalities:
Written in the language known to the witness. If not in English or Filipino, a translation must be attached.
Contents of the Judicial Affidavit in general:
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.
NOTE: A false attestation will subject the erring lawyer to disciplinary actions or even disbarment.
Resort to Subpoena ad testificandum
A party may ask the court to issue a subpoena ad testificandum against an uncooperative witness. An
uncooperative witness is one who unjustifiably refuses to execute a JA or refuses without just cause to
make relevant books, documents, or other things under his control available for copying, authentication,
and eventual production in court.
Except: No JA may be required against the adverse party or a hostile witness who refuse to execute a JA
for the other party. This is because JA is not required in this case since they can be queried with leading
questions as in cross. In this instance, follow rules of discovery on taking witness’s deposition, but this
is ex-parte.
Remedies if inadmissible evidence is introduced through the JA by one party
The other party may:
1. Move to disqualify the witness;
2. Move to strike out the said witness’s judicial affidavit;
3. Move to strike out the particular portion/ answer of the JA.
In number 3, if granted by the court, the excluded portion shall be enclosed in brackets with the initials of
an authorized court personnel.
Example:
Question 21: Do you know who stole the wallet of Petra Saavedra?
Answer 21: Yes.
Question 22: Who?
Answer 22: Pedro Penduko sir.
[Question 23: How did you know?
Answer 23: Because Anna Montana told me sir.] HYC
Question 24: And who is this Anna Montana?
Answer 24: My girlfriend sir.
Remedy of a party whose JA or a portion thereof or an evidence introduced therein is excluded
Tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.
Offer of Testimony
Rule: Counsel shall state the purpose of the JA at the start of the presentation of the witness. It does not
say that the such purpose must be stated in the JA itself.
In actual practice and for convenience, the purpose of the JA as well as the purpose/s of the evidence
introduced therein are stated in the JA itself.
Offer of Evidence (Documentary and Object)
After presenting the last witness (on either side), counsel must ORALLY offer evidence. In practice
though, judges, on discretion, may still allow a written offer of evidence.
After terminating the testimony of his last witness, counsel makes the oral offer of evidence through the
following:
1. Make an oral offer of evidence;
2. Piece by piece, in their chronological order stating the purpose/s for which he offers the particular
exhibit;
3. Since the documentary or object exhibits form part of the judicial affidavits that describe and
authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offer –
dispensing with the description of each exhibit.
Objections to Evidence (Documentary and Object)
After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection to it, if
any. The piece of evidence in point may be referred to by its marking.
The court shall then immediately make its ruling respecting that exhibit. In ruling, the court may also refer
to that particular evidence by its marking.
Application to criminal cases
This rule is applicable to criminal cases in the following respect:
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 use of the rule.
NOTE: The application of the JAR is suspended as far as criminal cases is concerned due to lack of
manpower in the prosecution service. Initially, the suspension was only until December 31, 2013 but on
December 10, 2013, the Supreme Court resolved to extend the suspension until December 31, 2014.
This resolution was made public on January 2, 2014.
Rule in criminal cases is different:
1. The prosecution shall submit the JA of his witnesses not later than five (5) days before the pre-
trial – the accused shall likewise be furnished a copy within the same period;
2. Once the JA is received, no further JA or evidence (object or documentary) may be admitted at
the trial;
3. 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 10 (ten) days from 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 and public). This is in keeping with the accused’s
right to remain silent. Also, if the prosecution evidence is weak, then there’s no need for him to present his
evidence via the JA.
NOTE: The filing and service of JA in all cases except criminal cases is more or less simultaneous
considering the period of filing and service. In criminal cases, the prosecution has to file and serve its JA/s
before the accused does, if the latter chooses to.
Effect of Failure to Submit a Judicial Affidavit
The defaulting party is deemed to have waived his right to make a submission;
Exception:
He may be given one last chance to submit his JA if:
1. If the delay or non-submission is due to valid reasons;
2. The granting of the second chance will not unduly prejudice the opposing party;
3. The defaulting party pays a fine ranging from P1,000.00 to P5,000.00 at the discretion of the court.
Effect of submitting non-compliant Judicial Affidavits
NOTE: A judicial affidavit is non-compliant if it does not conform to the content requirements provided for
by the Judicial Affidavit Rule.
They are inadmissible.
Except:
The party may rectify this error by submitting a compliant Judicial Affidavit before the hearing or trial,
provided:
1. The error was due to a valid reason;
2. The granting of the chance to submit a compliant JA would not unduly prejudice the opposing party;
3. The erring prosecutor (private or public) shall pay a fine ranging from P1,000.00 to P5,000.00 at the
discretion of the court.
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 absence is due to valid cause/s.
Effect of the absence of the counsel at the scheduled hearing
Right to cross-examine is deemed waived.
Except: If absence is due to valid cause/s.
Applicability to pending cases
Rule: The JAR is applicable to pending cases.
If the case has already undergone pre-trial, the JAR is still applicable to the remaining testimonies. Such
remaining testimonies shall be heard via judicial affidavits.