EXPLANATION:

PURPOSE

A judicial affidavit serves as a crucial substitute for the traditional method of direct examination in court
proceedings. It is designed to make the trial process more efficient by cutting down the time spent on
presenting a witness. This written document contains the questions posed to a witness and the
corresponding answers. It must be executed under oath and should adhere to the format prescribed by
law.
SERVICE AND FILING OF THE JUDICIAL AFFIDAVIT

The parties shall serve on the adverse party and file with the court not later than five days before pre-
trial or preliminary conference or the scheduled hearing with respect to motions and incidents.

This Rule amends the existing minimum period, which is three days, for the service and filing of the
pretrial brief. Under the new Rule, considering that the judicial affidavit must be attached to the pre-trial
brief, the latter must be served and filed within five days.

Service and filing of the judicial affidavit in criminal cases

This is the only portion of the Rule that provides a separate provision for criminal cases, veering from
the simultaneous filing of judicial affidavits by the parties. The general rule is reiterated, but this time
applicable only to the prosecution, to 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.

If the accused, on the other hand, desires to be heard on his defense after receipt of the judicial
Affidavits of the prosecution, he shall have the option to submit his judicial affidavit as well as those of
his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the
public and private prosecutor, including his documentary and object evidence previously marked as
Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the accused and his
witnesses when they appear before the court to testify.

It is interesting to note that only the paragraph applicable to the prosecution contains the provision
that:

“No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.” Does this

mean that the accused is covered by the general rule, which allows the late filing of the affidavit?
How is the service/filing done?
The Rule specifies only two manners of service or filing of the affidavit: by personal service or by licensed
courier service. It is interesting that there is no express mention of “registered mail” and it is logical that
the term “courier service” does not refer to, and does not include, registered mail. The purpose of the
Rule is to expedite cases and there can be no reliance on the presumptive receipt by reason of
registered mail.

There is no overriding reason why registered mail should be removed as a manner of service/filing. A
party could send the judicial affidavit way in advance by registered mail. It is the party’s lookout if the
other party or court indeed received the judicial affidavit within the prescribed period.

Another minor issue is when is a courier service considered licensed? The rule is not clear whether a
separate license or accreditation for courier service providers on top of the SEC registration. It appears
that other than the usual government registration, there is no need for separate Supreme Court
accreditation.

These issues can be dispensed with by deleting the portion providing for personal service or by courier.
This is surplusage. The intent of the Rule is to ENSURE receipt of the judicial affidavit by the court and
other party at least five days before the pre-trial or hearing, and the Rule can simply so provide, just like
in pre-trial rules

Components of a Judicial Affidavit

Identification of Witness: Name, age, residence, and other relevant personal information.

Statement of Capacity: Clarification on why the person is a competent witness.

Questions and Answers: A sequential arrangement of questions and answers, akin to a direct
examination.

Attestation Clause: A statement affirming the truthfulness of the contents.

Juror's Oath: Confirmation that the affidavit is executed under oath.

Attachments: Any supporting documents, exhibits, or evidences.

Legal Requirements
Sworn Statement: The affidavit must be a sworn statement executed before a notary public or other
persons authorized to administer oaths.

Signatures: It must be signed by the witness, and the lawyer who conducted or supervised the
examination.

Service to Adverse Party: A copy should be delivered to the adverse party at least three days before the
pre-trial or preliminary conference, unless a different period is provided by the court.

Admissibility and Evidentiary Value

The admissibility of a judicial affidavit is subject to the discretion of the court. Generally, it is accepted as
prima facie evidence of the facts stated therein. However, the adverse party has the right to cross-
examine the affiant during the trial.

Penalties for False Statements

Furnishing false statements in a judicial affidavit can lead to criminal charges such as perjury, and can
also have civil consequences including contempt of court.

Conclusion

The use of judicial affidavits streamlines court proceedings and facilitates the administration of justice.
Understanding its components, legal requirements, and potential implications is crucial for both legal
practitioners and those who find themselves involved in legal cases.