Judicial Affidavit Rule (AM 12-8-8-SC) RIANO

Reason for the Rule

To decongest the courts of cases and to reduce delays in the
disposition of cases
Effectivity of JAR
Took effect on January 1, 2013
It shall apply to existing cases as well. The application to existing
cases is not barred by the fact that other direct testimonies have
already been conducted before the effectivity of the same. The
remaining direct testimonies shall be done by judicial affidavits.
Significance of the use of a judicial affidavit
The judicial affidavit shall take the place of the direct testimonies
of witnesses.
It modifies the existing practice in the conduct of a trial and
reception of evidence by doing away with usual oral examination
of a witness on a direct examination
To be attached to the judicial affidavit are the documentary or
object evidence of the parties which shall be marked as Exhibit
A, B, C, and so on in the case of a complainant or plaintiff. In the
case of respondent or defendant, the evidence shall be marked
as Exhibit 1, 2, 3 and so on.
The original document or object evidence need not be attached
to the judicial affidavit.
Scope of the Judicial Affidavit Rule
The rule shall apply to all
a. actions
b. proceedings, or
c. incidents, requiring the reception of evidence

It applies to all courts, other than the Supreme Court

It also applies to certain non-judicial bodies
Specific courts and bodies covered by JAR
o MeTC, MTCC, MTC, MCTC and the Sharia Circuit Courts,
but shall not apply to small claims cases
o RTC and Sharia District Courts
o Sandiganbayan, CTA, CA and Sharia Appellate Courts
o Investigating officers and bodies authorized by the SC to
receive evidence, including the IBP

o Special courts and quasi judicial bodies, whose rules of

procedure are subject to disapproval of the SC
Applicability of the Judicial Affidavit Rule to Criminal Cases
JAR shall apply to criminal cases
o Why? Because criminal cases are actions which require
reception of evidence
o HOWEVER, JAR applies to criminal cases where the
maximum of the imposable penalty does not exceed six
years. In other cases, the use of judicial affidavits will now
depend on the accused, where the accused agrees to use
judicial affidavits.
o With respect to the civil aspect of the criminal case, JAR
shall apply irrespective of the penalty.
Contents of the Judicial Affidavit Rule
Should be in a language known to the witness. It not in English
or Filipino, it shall be accompanied by a translated version in
either language.
Shall contain the name, age, residence or business address, and
occupation of the witness
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.
Shall contain the name and address of the lawyer
Place where the examination was held
Shall contain the questions asked of the witness and his
answers, all consecutively numbered.
The questions and answers shall:
o Show the circumstances under which the witness acquired
facts upon which he testifies
o Elicit from him those facts which are relevant to the issues
that the case presents
o Identify the attached documentary and object evidence
and establish their authenticity
Judicial affidavit must be signed by the witness over his printed
name
It shall contain a jurat, with the signature of the notary public
who administers the oath
Effect of non-compliance with the content requirements of
Section 3 of JAR

A judicial affidavit which does not conform to the content

requirements of Sec. 3 of JAR shall not be admitted by the court
in evidence
A compliant replacement judicial affidavit is not absolutely
barred, as long as the replacement shall be submitted before the
hearing or trial and provided that the ff requisites are met:
1. The submission shall be allowed only once
2. The delay is for a valid reason
3. The delay would not unduly prejudice the opposing party ;
and
4. The public or private counsel responsible for the preparation
and submission of the affidavit pays a fine of not less than
P1,000 or no more than P5,000, at the discretion of the court.

Sworn attestation of the lawyer

There should be a sworn attestation at the end of the judicial
affidavit
It should be executed by the lawyer who conducted and
supervised the examination, to the effect that there was a
faithful recording of the questions and answers; and that there
was no coaching of the answers
Attestation should attest the following:
1. That he faithfully recorded or caused to be recorded the
questions asked and the corresponding answers
2. That neither he nor any other person present coached the
witness regarding the answers.
Effect of a false attestation
Disciplinary action, including disbarment
Effect of non-compliance with the attestation of requirement
It shall not be admitted in evidence
The court may, however, allow the submission of a compliant
judicial affidavit with the same requirements as mentioned
above.
Filing and service of the judicial affidavit and exhibits; modes
of service
The judicial affidavits of witnesses and other evidence shall be
filed with the court and served on the adverse party, not later
than 5 days before pre-trial or preliminary conference.
The filing of judicial affidavit and its attached exhibits shall be
done not only personally, but also by licensed courier service.

Criminal cases: prosecution shall submit the judicial affidavits of

witnesses not later than 5 days before the pre-trial. It shall
be served upon the accused.
In criminal cases: no further judicial affidavit shall be admitted
at trial
If the accused desires, he may submit his judicial affidavit and
those of his witnesses, plus object and documentary evidence.
Submission: within 10 days from the receipt of the
affidavits of the prosecution with service upon the public
and private prosecutor.

Effects of failure to submit judicial affidavits and exhibitions on

time
Party who failed shall be deemed to have WAIVED their
submission
Meaning: The party would have no direct testimony for that
witness, and the documentary and object evidence integrated in
such affidavit could not be identified, marked as an exhibit,
and authenticated.
If affidavit extends to all witness of the party, the said party shall
be deemed to have not presented his evidence-in-chief for his
case.
Remedy in case of late submission
Late submission does not mean a permanent waiver to submit
The remedy os to move that the late submission of the judicial
affidavit and its exhibits be allowed.
The court may allow, with ff requisites:
1. The submission shall be allowed only once
2. The delay is for a valid reason
3. The delay would not unduly prejudice the opposing party ;
and
4. The public or private counsel responsible for the preparation
and submission of the affidavit pays a fine of not less than
P1,000 or no more than P5,000, at the discretion of the court.
Objections to testimony in the judicial affidavit
The presentation of the judicial affidavit will give the adverse
party the opportunity to object to the testimony
Adverse party may, on the ground of inadmissibility, a.)
disqualify witness, b.) strike out his affidavit, or c.) strike out
any of the answers found in the judicial affidavit

The court is required to promptly rule on the motion.

Appearance of the witness at the scheduled hearing

The submission of the judicial affidavit does not exempt the
witness from appearing at the scheduled hearing.
The appearance of the witness is necessary because the adverse
party has the right to cross-examine him. The cross examination
shall be on his judicial affidavit and on the attached exhibits.
Effect of failure of a witness to appear at the scheduled
hearing; failure of counsel to appear
The court shall not consider the affidavit of any witness who
does not appear in the scheduled hearing of the case
It is the duty of counsel to appear because of the adverse effect
of his failure to do so on a basic right of his client
o Counsel who fails to appear shall be deemed to have
waived his clients right to confront by cross examination
When there is aneed for the issuance of a subpoena
A party may request for issuance if a witness unjustifiably
declines to a.) execute a judicial affidavit, or b.) refuses without
just cause to make the relevant books, documents, or other
things under his control available for copying, authentication,
etc.
Oral offer and objections to exhibits
A party shall immediately make an oral offer of evidence of his
documentary or object exhibits, piece by piece, in their
chronological order, stating the purpose for which he offers the
particular exhibit.
The offer shall be made upon the termination of the
testimony of his last witness