Section 7. Examination of the witness on his judicial affidavit.

– The adverse party shall have

the right to cross-examine the witness in his judicial affidavit and on the exhibits attached to
the same. The party who presents the witness may also examine him as on re-direct. In every
case, the court shall take active party in examining the witness to determine his credibility as
well as truth of his testimony and to elicit the answers it needs for resolving the issues.
Section 22.2(b) – A party may, if he or she so desires, submit a reply judicial affidavits
respecting matters not touched by his or her initial affidavits within fifteen 15) days from
receipt of the adverse party’s judicial affidavits. No further judicial affidavit may be submitted
without prior leave of court which shall be granted only on justifiable grounds.
Section 24.16 Newly-discovered evidence; new issues evolving trial. – A party may, in the
course of the trial, file a motion to admit newly-discovered evidence subject to the rule
governing its admission. A party may, without amending the pleadings, also file a motion to
amend the Order of Trial to include a new issue or issues that may have since arisen.
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. – (a) The
parties shall file with the court and serve on the adverse party, personally or by licensed
courier service, not later than five days before pre-trial or preliminary conference or the
scheduled hearing with respect to motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall take place of such witnesses’
direct testimonies; and
(2) The parties’ documentary or object evidence, if any, which shall be attached to the
judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the
respondent or the defendant.

The Court finds that defendant FLT in its Supplemental Judicial Affidavit
changed its arguments. The first Judicial Affidavit it submitted focused mainly
on the failure of defendant WPIBI to remit the payments and discussed in
passing the non-existence of agency. However, in the Supplemental Judicial
Affidavit, it tackled mainly the non-existence of agency.