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Judicial Affidavit Rule (JAR) (AM No.

12-8-8)

Effectivity.
The rule took effect on 1 January 2013 (Sec. 12, JAR). However, through [OCA Circular 05-2013 dated
January 10, 2013? (http://oca.judiciary.gov.ph/wp-content/uploads/2014/05/OCA-Circular-No.-05-
2013.pdf) which makes reference to a Supreme Court en banc resolution dated January 8, 2013], the SC
suspended the application of the rule in criminal cases up to December 31, 2013 {and subsequently
extended for another year by [INSERT SC/OCA Resolution HERE
(http://newsinfo.inquirer.net/556571/sc-extends-modified-judicial-affidavit-rule)]} and allowed public
prosecutors in first and second level courts to use the sworn statements submitted during the
preliminary investigation stage and filing of information.
During the effectivity of the modified rule, the prosecution witness is required to affirm what the sworn
statement contains and is only asked direct examination questions not covered by the sworn statement.
Purpose.
To reduce the time needed for completing the testimonies of witnesses in cases.
Scope.
Cases Covered
Applies to all actions, proceedings and incidents requiring reception of evidence. (Sec. 1)
Exception: Small claims cases under AM 08-8-7-SC [Sec. 1 (a)]
May also apply to criminal cases [Sec. 9 (a)]:
1. Where maximum imposable penalty is less than six years
2. Where accused agrees to apply JAR, irrespective of penalty involved
3. With respect to civil aspect, irrespective of penalties involved
Courts Covered (Sec. 1)
1. MTC, MeTC, MTCC, MCTC, and Sharia Circuit Courts.
2. RTC, Sharia District Courts
3. Sandiganbayan, CTA, CA, Sharia Appellate Courts
4. Investigating officers and bodies authorized to receive evidence
5. Special courts and quasi judicial bodies whose rules of procedure are subject to disapproval of
SC
Filing and Service.
The judicial affidavits, including documentary and object evidence which shall be annexed thereto,
should be filed with the court and served upon the adverse party not later than five days before pretrial,
preliminary conference, or scheduled hearing for motions and incidents. [Sec. 2 (a)]
This is without prejudice to introduction of secondary evidence in place of original in proper cases. (Sec.
2)
Considering that the judicial affidavit must be attached to the pretrial brief, said brief must also be filed
not later than five days before the pretrial, as opposed to the previous three-day rule.
(http://attyatwork.com/service-and-filing-of-the-judicial-affidavit/)
In criminal cases, however, the same rules apply as to the prosecution side only that it is also added that
no further judicial affidavit, documentary or object evidence shall be admitted at the trial. [Sec. 9 (b)]
If the accused desires to be heard on his defense after receipt of the judicial affidavits of the
prosecution, he may submit his and his witnesses judicial affidavits, including his documentary and
object evidence which shall be annexed thereto, within 10 days from receipt of the prosecutions judicial
affidavits and serve copies thereof to the public and private prosecutors. [Sec. 9 (c)]
Required contents.
The judicial affidavit, which shall be in a language known to the affiant (and if not in the official
languages, must be accompanied by a translation in English or Filipino) shall contain: (Sec. 3)
1. Name, age, residence or business address, and occupation of witness
2. Name and address of lawyer who conducted the examination of witness and the place of
examination
3. Statement that witness is answering the questions fully conscious that he does so under oath
and that he may face criminal liability for false testimony or perjury.
4. Questions asked of the witness and corresponding answers
5. Signature of the witness over his printed name
6. A jurat
7. Sworn attestation of the lawyer conducting the examination that:
a. he faithfully recorded the questions he asked and the corresponding answers and;
b. the witness was not coached by any person regarding his answers. [Sec. 4 (a)]
A false attestation shall subject the lawyer to disciplinary actions, including disbarment. [Sec. 4
(b)]
The court shall not admit as evidence judicial affidavits that do not conform to the content requirements
of Sec. 3 and attestation requirements of Sec. 4 [Sec. 10 (c)]
Offer of Testimony and Objections.
Party presenting the judicial affidavit of his witness shall state the purpose of such testimony at the start
of the presentation of the witness.
To make an objection to a witness, the adverse party may move: 1) to disqualify the witness or; 2) to
strike out his (the witnesss) affidavit or any of the answers found in it on ground of inadmissibility. The
court shall promptly rule on the motion and, if granted, shall cause the marking of any excluded answer
by placing it in brackets under the initials of an authorized court personnel, without prejudice to a
tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court. (Sec. 6)
Cross examination and re-direct examination.
The adverse party shall have the right to cross-examine the witness on his judicial affidavit and on the
exhibits attached thereto. The party who presents the witness may also examine him as on re-direct.
The court shall take active part in examining the witness to determine his credibility as well as the truth
of his testimony and to elicit the answers that it needs for resolving the issues. (Sec. 7)
Resort to subpoena.
There is no need for a judicial affidavit if the witness is called to testify through a subpoena.
(http://attyatwork.com/resort-to-subpoena-under-the-judicial-affidavit-rule/)
If xxx the requested witness, who is neither the witness of the adverse party nor a hostile witness,
unjustifiably declines to execute a judicial affidavit or refuses without just cause to make the relevant
books, documents, or other things under his control available for copying, authentication, and eventual
production in court, the requesting party may avail himself of the issuance of a subpoena ad
testificandum or duces tecum xxx. The rules governing the issuance of a subpoena to the witness in this
case shall be the same as when taking his deposition except that the taking of a judicial affidavit shall be
understood to be ex parte. (Sec. 5)
Formal offer of evidence.
This is done orally after the termination of the testimony of a partys last witness, meaning after the
party rests its case and not every time the testimony of each witness is terminated. [Sec. 8 (a)]
After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if
any, to its admission, and the court shall immediately make its ruling respecting that exhibit. [Sec. 8 (b)]
Since the documentary or object exhibits form part of the judicial affidavits that describe and
authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offers,
the objections, and the rulings, dispensing with the description of each exhibit. *Sec. 8 (c)+
Effects of non-compliance.
Party who fails to submit on time deemed to have waived submission. [Sec. 10 (a)]
Exception: The court may, however, allow only once late submission provided: [Sec. 10 (a)]
1) the delay is for a valid reason;
2) would not unduly prejudice the opposing party, and;
3) the defaulting party pays a fine of not less than P 1,000.00 nor more than P 5,000.00
at the discretion of the court.
The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing.
Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his
client's right to confront by cross-examination the witnesses there present. [Sec. 10 (b)]
The court shall not admit as evidence judicial affidavits that do not conform to the content requirements
of Section 3 and the attestation requirement of Section 4. [Sec. 10 (c)]
Exception: The court may, however, allow only once the subsequent submission of the
compliant replacement affidavits before the hearing or trial provided: [Sec. 10 (c)]
1) the delay is for a valid reason;
2) would not unduly prejudice the opposing party and;
3) that public or private counsel responsible for their preparation and submission pays a fine
ranging from P 1,000.00 to P 5,000.00.

REFERENCES
AM No. 12-8-8-SC
attyatwork.com
http://newsinfo.inquirer.net/556571/sc-extends-modified-judicial-affidavit-rule