Pedro was charged with theft for stealing Juan’s cellphone worth P20,000.00. Prosecutor Marilag at the pre-trial submitted the judicial affidavit of Juan attaching the receipt for the purchase of the cellphone to prove civil liability. She also submitted the judicial affidavit of Mario, an eyewitness who narrated therein how Pedro stole Juan’s cellphone.
At the trial, Pedro’s lawyer objected to the prosecution’s use of judicial affidavits of her witnesses considering the imposable penalty on the offense with which his client was charged.
a.) Is Pedro’s lawyer correct in objecting to the judicial affidavit of Mario? (2%)
b.) Is Pedro’s lawyer correct in objecting to the judicial affidavit of Juan? (2%)
At the conclusion of the prosecution’s presentation of evidence, Prosecutor Marilag orally offered the receipt attached to Juan’s judicial affidavit, which the court admitted over the objection of Pedro’s lawyer.
After Pedro’s presentation of his evidence, the court rendered judgment finding him guilty as charged and holding him civilly liable for P20,000.00.
Pedro’s lawyer seasonably filed a motion for reconsideration of the decision asserting that the court erred in awarding the civil liability on the basis of Juan’s judicial affidavit, a documentary evidence which Prosecutor Marilag failed to orally offer.
c.) Is the motion for reconsideration meritorious? (2%)
Suggested answer only. Not an official answer and not legal advice.
[a] No, the objection to Mario's affidavit is wrong; [b] no, the objection to Juan's affidavit is wrong; and [c] no, the motion for reconsideration lacks merit. Under the Judicial Affidavit Rule, judicial affidavits apply to criminal offenses with
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Quick check
What is the applicability threshold of the Judicial Affidavit Rule in criminal prosecutions based on imposable penalty?
The Judicial Affidavit Rule applies to criminal cases where the maximum imposable penalty does not exceed six years.
Does the Judicial Affidavit Rule apply to prove civil liability in criminal cases with penalties exceeding six years?
Section 1 of the Judicial Affidavit Rule covers the civil aspect of any criminal action regardless of penalty.
What is the legal classification of a judicial affidavit submitted in court proceedings?
A judicial affidavit serves as testimonial evidence representing the direct testimony of the witness.
How must documentary evidence attached to a judicial affidavit be offered to be considered by the trial court?
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Why was Pedro's motion for reconsideration regarding the civil liability award properly denied?
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Learn more about these topics
1. Judicial Affidavit Rule
Under Section 1 of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC), judicial affidavits apply to all criminal actions where the maximum imposable penalty does not exceed six years. For theft of property valued at P20,000.00 under the Revised Penal Code, as amended by Republic Act No. 10951, the imposable penalty is arresto mayor to prision correccional, which does not exceed six years. Consequently, the prosecution's submission of a judicial affidavit for an eyewitness to establish criminal liability is procedurally valid and compliant with the rule.
2. Civil Aspect Evidence
Under Section 1(a)(1) of the Judicial Affidavit Rule, judicial affidavits apply to the civil aspect of any criminal action, regardless of the imposable penalty for the underlying offense. Even if a criminal offense carries a penalty exceeding six years, judicial affidavits remain fully permissible to establish civil liability and monetary damages. Therefore, submitting the victim's judicial affidavit to prove civil liability for the stolen cellphone is proper and immune to procedural objection.
3. Oral Formal Offer
A judicial affidavit serves as the direct testimony of a witness and constitutes testimonial evidence rather than documentary evidence. The documents attached to a judicial affidavit, such as a purchase receipt, retain their character as documentary exhibits. Under the Judicial Affidavit Rule and the Rules of Criminal Procedure, documentary evidence must be formally offered orally upon the termination of the presentation of evidence. When the prosecutor orally offers the attached receipt and the court admits it, civil liability is properly substantiated.