As substantiated in A.M. No. 12-8-8-SC
What is judicial affidavit rule?
Is a rule or system introduced by the Supreme Court to reduce the time used for presenting the testimonies of witnesses, thus speeding up hearing and adjudication of cases.
A judicial affidavit is a document that takes place of the witness’s direct testimonies. The parties’ documentary and object evidence, if there are any, shall be attached to the judicial affidavits and be marked as Exhibits. In case of plaintiff or complainant, it shall be marked as Exhibit A, B, C and so on. In case of respondent or defendant, Exhibit 1, 2, 3 and so on.
What are the contents of a judicial affidavit?
A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the following:
(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents; and
(3) Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same.
-(Judicial Affidavit Rule Sec. 3)
How many days should a judicial affidavit be filed?
Not later than five (5) days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents. The party who files the Judicial Affidavit shall file with the court and serve it on the adverse party, personally or by licensed courier service.
What shall the filing party file?
- The judicial affidavits of their witnesses which shall take place of the latter’s direct testimonies; and
- Attachments to the judicial affidavits, if any, containing the parties’ documentary or object evidence.
What is the effect of non-compliance with the judicial affidavit rule?
A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may allow only once the late submission of the same provided, the delay is for valid reason, and would not unduly prejudice the opposing party, and the defaulting party pays a fine of not less than P1,000 nor more than P5,000 at the discretion of the court. (Judicial Affidavit Rule Sec. 10)
What is the Jurat in a judicial affidavit?
A jurat is a statement on an affidavit indicating when, where, and before whom it was sworn. The statement must have the signature of the notary public who administers the oath or an officer who is authorized by law to administers the same. (Judicual Affidavit Rule, Sec. 3(f))
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