Republic of the Philippines

8 MUNICIPAL CIRCUIT TRIAL COURT

th

Hindang – Inopacan , Leyte

8th Judicial Region
Hindang , Leyte
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SPOUSES VIRGILIO AND TERESITA

CHIONG CAPANGPANGAN,
represented by
JUN VI CAPANGPANGAN,
Plaintiffs, CIVIL CASE No.
M-HIN-22-20036- CV

-versus- FOR :

The Heirs of OROSIA K. DEDACE,

namely : AGNES TAN, RECOVERY OF
ANTONIO K. DEDACE, OWNERSHIP POSSESSION
ALEJANDRO DEDACE and and DAMAGES
EDNA K. DEDACE
Defendants .
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COMMENT

Defendants by counsel and unto this Honorable Court respectfully

state that :

The plaintiffs made an objection to the Supplemental Judicial

Affidavit and Amended Judicial Affidavit of Allan Murillo:

THE OBJECTION OF THE PLAINTIFFS HAS NO BASIS

1. The Judicial Affidavit of Allan Murillo was attached to the

ANSWER

Under the Amended Rules of Civil Procedure :

Section 6. Contents. - Every pleading stating a party’s claims or

defenses shall. in addition to those mandated by Section 2, Rule
7, state the following:

xxx
 (b) Summary of the witnesses’ intended testimonies, provided that the
judicial affidavits of said witnesses shall be attached to the pleading
and form an integral part thereof. Only witnesses whose judicial
affidavits are attached to the pleading shall be presented by the parties
during trial. Except if a party presents meritorious reasons as basis
for the admission of additional witnesses, no other witness or affidavit
shall be heard or admitted by the court;

(italics and underscoring supplied)

It is clear that there was a Judicial Affidavit attached and as specified

by the plaintiffs, the one submitted dated March 17, 2022. Precisely,
why it is called amended or be supplemental, because there was a
prior Affidavit being attached , otherwise , there would be nothing to
be supplemented or amended if nothing was attached.

There is nothing in the rules that prohibit, supplementing or

amending, since there was attachment made then it can be
supplemented or it can be amended .

2. No violation of The Judicial Affidavit Rule

The Judicial Affidavit Rule specifically, Section 2 ordains that:

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 :

The judicial affidavits of their witnesses, which shall take the place of
such witnesses' direct testimonies; and

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 complainant or the plaintiff, and as Exhibits 1,
2, 3, and so on in the case of the respondent or the defendant.

When the Amended Judicial Affidavit was served on the 10 th of

September 2023 and the hearing date was on September 18, 2023 it
was never late at all.

The plaintiff’s counsel cited that the Judicial Affidavit Rule mandates
that the Judicial Affidavits be submitted at least 5 days before the pre
-trial, applies to criminal case as found in Sec. 9 par. (b) to wit ;

Section 9
 Application of Rule to Criminal Actions. —
xxx
b. The prosecution shall submit the judicial affidavits of its
witnesses not later than five days before the pre-trial,
serving copies of the same upon the accused. The
complainant or public prosecutor shall attach to the
affidavits such documentary or object evidence as he may
have marking them as Exhibits A, B, C, and so on. No
further judicial affidavit, documentary, or object evidence
shall be admitted at the trial.
underscoring and emphasis supplied

The citation of the criminal case as provided by the plaintiffs in its

objection is misplaced or incorrectly positioned and since there was
compliance of the Judicial Affidavit Rule , Sec.10 of the Judicial
Affidavit Rule is not applicable.

Therefore, this instant objection is bereft of merit.

Respectfully submitted .

Inopacan , Leyte , Philippines, 22 September 2023 .

LUCILLE M. TEVES
Counsel for the Defendants
Roll of Attorneys No. 66995
IBP No. 249420; January 09,2023;Leyte Chapter
PTR No. 6791929; 12 January 2023; Inopacan, Leyte
MCLE Compliance No.: VII-0006563
TEVES LAW OFFICE
San Antonio St.
Inopacan, Leyte 6522
Email Add: lcmteves@yahoo.com
09266113175

copy furnished :

Atty. Emmanuel G. Golo

San Juan St. Brgy. San Pedro , Matalom , Leyte