 Purpose of the Judicial Affidavit Rule

The rule compels the use of judicial affidavits in lieu of direct testimonies of witnesses to
reduce time needed for completing the testimonies of witnesses.

 Scope of the rule

The rule applies to all actions, proceedings, and incidents requiring the reception of
evidence before the following:
1. Metropolitan Trial Courts
2. Municipal Trial Courts
3. Shari’a Trial Courts
4. Shari’a District Courts
5. Regional Trial Courts
6. Court of Appeals
7. Court of Tax Appeals
8. Sandiganbayan
9. Investigating bodies authorized by the SC to receive evidence, IBP
10. Special courts and quasi-judicial bodies whose rules of procedure are subject to
disapproval of the SC

 How to file judicial affidavits?

Judicial affidavits must be filed with the courts and served with the adverse party
personally or by licensed courier service (registered mail, accredited courier, electronic
mail, facsimile transmission, other electronic means as authorized by the court) or as
provided for in international conventions to which the Philippines is a party.

Pleadings, motions, notices, orders, and other court submissions shall be

served personally, by registered mail, accredited courier, electronic mail,
facsimile transmission, and other electronic means as approved by the court or
as provided in international conventions to which the Philippines is a party.

 When to file?

The judicial affidavit should be filed with the court and served to the adverse party not
later than 5 days before pre-trial or preliminary conference or the scheduled hearing
with respect to motions and incidents.

 Inclusions in the filing

The party requesting judicial affidavit must file the following:

1. The judicial affidavit that will replace the direct testimony of the witness
2. The object and documentary evidence, marked as exhibits ABC for the plaintiff,
and 123 for the defendants
  What is object evidence?

Object evidence are those addressed to the senses of the court. When an object is
relevant to the fact in issue, it may be exhibited, examined, and viewed by the court.
They are those that can be perceived by our five senses.

 What is documentary evidence?

Documentary evidence consist of writings, photographs, and recordings or other

materials that contain letters, words, figures, numbers or other forms of written
expression to prove the contents thereof.

 Can the witness keep the object or documentary evidence?

Yes, the witness can keep the documentary or object evidence provided that the same
has been marked identified, marked as exhibit, authenticated and warranted in his
judicial affidavit that the copy or reproduction attached is the faithful copy or
reproduction of the original.

Further, the witness must bring the original for comparison during preliminary
conference with the attached copy, reproduction, or pictures, else not admitted.

 What is deemed to be an original document?

An original document is the document itself or any counterpart intended to have the
same effect by a person executing or issuing it.

 Original document rule

When the subject of inquiry is the contents of a document, writing, recording,

photograph or other record, no evidence is admissible other than the original document
itself. Except:

1. When the document is lost or destroyed or cannot be produced without bad faith
on the part of offeror
2. When the document is in the possession of the adverse party and he fails to
produce it after reasonable notice, or the original cannot be obtained by local
judicial procedure and processes
3. When the original consists of numerous accounts and the examination of the
same cannot be made without great of time and the fact sought to be established
is only the general result of the whole
4. When the original is a public record and is in the custody or control of a public
officer and the same is recorded in a public office
5. When the original is not closely related to the controlling issue

 Contents of a judicial affidavit

Judicial affidavit must be prepared in the language known by the witness, if not in
English or Filipino, a translation of the same must be made. The judicial affidavit must
contain the following:
1. Name, age, business address, and residence of the witness
2. Name and address of the lawyer who shall supervise the examination of the
witness and the place of examination
3. A statement saying that the witness is fully conscious that he is under oath and
that he shall be criminally liable for false testimony or perjury
4. Questions asked to the witness and his answers
a. He must show the circumstances which led to him

DIMENSION 20

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