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What is the procedure in criminal cases if the prosecutor

applies the JAR? Or, if the crime is punishable by prision Section 10. Effect of non-compliance with the
correccional or lower. judicial Affidavit Rule. -
(a) A party who fails to submit the required judicial
Section 9. Application of rule to criminal actions. - affidavits and exhibits on time shall be deemed to
(a) This rule shall apply to all criminal actions: have waived their submission.
(1) Where the maximum of the imposable penalty Failure to submit the JA and exhibits on time.
does not exceed six years; What is the time? 5 days before the pre-trial. Deemed to
(2) Where the accused agrees to the use of judicial have waived their submission. Hindi ka nagsubmit then
affidavits, irrespective of the penalty involved; or you cannot. Meaning, you cannot present a witness
(3) With respect to the civil aspect of the actions, whose judicial affidavit you did not submit.
whatever the penalties involved are.
(b) The prosecution shall submit the judicial The court may, however, allow only once the late
affidavits of its witnesses not later than five days submission of the same provided, the delay is for a
before the pre-trial, serving copies if the same upon valid reason, would not unduly prejudice the
the accused. opposing party, and the defaulting party pays a fine
The prosecution shall submit the JA of its of not less than P 1,000.00 nor more than P 5,000.00
witnesses not later than 5 days before the pre-con, at the discretion of the court.
serving copies of the same upon the accused. Once lang pwede ang konteng extension.

The complainant or public prosecutor shall attach to (b) The court shall not consider the affidavit of any
the affidavits such documentary or object evidence witness who fails to appear at the scheduled hearing
as he may have, marking them as Exhibits A, B, C, of the case as required.
and so on. Even if you have 10 JAs submitted 5 days
So, the same question and answer thing that we before the pre-trial, and only 5 appeared, only the JAs of
discussed. those who appeared will be considered.

No further judicial affidavit, documentary, or object Counsel who fails to appear without valid cause
evidence shall be admitted at the trial. despite notice shall be deemed to have waived his
So, all the judicial affidavits and its attachments client's right to confront by cross-examination the
shall be submitted 5 days before the pre-trial. witnesses there present.
What if the counsel fails to appear without valid
(c) If the accused desires to be heard on his defense cause despite notice? Shall be deemed to have waived
after receipt of the judicial affidavits of the his client’s right to confront by cross-examination the
prosecution, witnesses there present. So, if there are JAs, the one
So, matatanggap muna ng accused. who presents the JA will just introduce that witness, and
then identify the JA, then, it is the turn of the opposing
he shall have the option to submit his judicial counsel to cross-examine. If he does not appear,
affidavit as well as those of his witnesses to the pasensya, even if he is the counsel of the accused. So,
court within ten days from receipt of such affidavits nakalagay dito counsel, any counsel.
and serve a copy of each on the public and private
prosecutor, including his documentary and object (c) The court shall not admit as evidence judicial
evidence previously marked as Exhibits 1, 2, 3, and affidavits that do not conform to the content
so on. requirements of Section 3 and the attestation
So, the accused has the option to file a judicial requirement of Section 4 above.
affidavit or just present a witness in the witness stand. So, the formalities are very important. The
For criminal cases, it is optional, not mandatory, unlike in affidavit can be stricken out and not admitted.
civil cases.
These affidavits shall serve as direct testimonies of The court may, however, allow only once the
the accused and his witnesses when they appear subsequent submission of the compliant
before the court to testify. replacement affidavits before the hearing or trial
provided the delay is for a valid reason and would
What if the party if it is required does not comply with the not unduly prejudice the opposing party and
JAR? What are the violations? provided further, that public or private counsel
responsible for their preparation and submission Section 1. Petition. - The petition for a writ of amparo
pays a fine of not less than P 1,000.00 nor more than is a remedy available to any person whose right to
P 5,000.00, at the discretion of the court. life, liberty and security is violated or threatened
with violation by an unlawful act or omission of a
Kanina, pwede ang late once. Now, if the JA public official or employee, or of a private individual
does not compy with the form prescribed by the JAR, or entity.
pwedeng ayusin, so amended. So, one is being threatened, either by a public
official or a private individual.
Section 11. Repeal or modification of inconsistent
rules. - The provisions of the Rules of Court and the The writ shall cover extralegal killings and enforced
rules of procedure governing investigating officers disappearances or threats thereof.
and bodies authorized by the Supreme Court to
receive evidence are repealed or modified insofar as Sec. 2. Who May File. - The petition may be filed by
these are inconsistent with the provisions of this the aggrieved party
Rule.1âwphi Who is the aggrieved party? One whose right to
life, liberty and security is violated or threatened.
So, Section 11 is somehow repealed. But, again,
di pa rin ganun kastrict when it comes to criminal cases. What if the aggrieved party is already detained or is
That is why we still take up Section 11. Kasi pag murder, being held? or by any qualified person or entity in the
mga ganyan, wala pa mang JAR. The JAR is not being following order:
applied.

1. Any member of the immediate family, namely: the


1 spouse, children and parents of the aggrieved party;
The rules of procedure governing quasi-judicial
bodies inconsistent herewith are hereby 2. Any ascendant, descendant or collateral relative
disapproved. of the aggrieved party within the fourth civil degree
of consanguinity or affinity, in default of those
Section 12. Effectivity. - This rule shall take effect on mentioned in the preceding paragraph; or
January 1, 2013 following its publication in two
newspapers of general circulation not later than 3. Any concerned citizen, organization, association
September 15, 2012. It shall also apply to existing or institution, if there is no known member of the
cases. immediate family or relative of the aggrieved party.
Any pending case. Pag meron pang witness na So, if there is a member of the immediate family,
di nappresent, submit judicial affidavit. Pag civil case, the rest cannot.
very strict, kelangan ng JA.
What is the effect of the filing of a petition by the
--- C A S E S --- aggrieved party? It is the aggrieved party himself who
files. The filing of a petition by the aggrieved party
Miranda v. Judge Wilfredo Oca suspends the right of all other authorized parties to
Judges should not go beyond the rule. The rule file similar petitions.
does not require that the purpose be placed in the JA.
The purpose is always stated before the presentation of What is the effect of the filing of a petition by an
the witness. When there is a JA, this is what the lawyer authorized party on behalf of the aggrieved party.
will say: The purpose of the testimony of this witness in Likewise, the filing of the petition by an authorized
the from of a JA is/the purposes are, depende. So, it’s party on behalf of the aggrieved party suspends the
normally orally made. If it is required to be written, dapat right of all others, observing the order established
nandun na siya sa Section 3, sa contents. Wala. The herein.
imposition of fine also had no basis. We look at Section
10, when fine can be imposed under the JAR. Sec. 3. Where to File. -

RULE ON THE WRIT OF AMPARO When can it be filed? Any day and at any time.
The petition may be filed on any day and at any time
with the
the manner and conduct of the investigation,
Where? together with any report;
Regional Trial Court of the place where the threat,
act or omission was committed or any of its 5. The actions and recourses taken by the petitioner
elements occurred, or with the Sandiganbayan, the to determine the fate or whereabouts of the
Court of Appeals, the Supreme Court, or any justice aggrieved party and the identity of the person
of such courts. responsible for the threat, act or omission; and
So, if you can file it at any time and at any day,
what if it is a Sunday, or it is Christmas day? You can go 6. The relief prayed for.
to the house of the justice. Pero, pag RTC, di nakalagay
na any judge. Courts are not open any day, any time. The petition may include a general prayer for other
Meron ata sa Manila yung 5 and above na court. Past 5 just and equitable reliefs.
court, pero dito, prang wala. 4pm pa lang wal na tao ang
mga court. If you want to file, be sure you are there Sec. 6. Issuance of the Writ. - Upon the filing of the
early. petition, the court, justice or judge shall immediately
order the issuance of the writ if on its face it ought
What is the enforceability of the writ? to issue. The clerk of court shall issue the writ under
The writ shall be enforceable anywhere in the the seal of the court; or in case of urgent necessity,
Philippines. the justice or the judge may issue the writ under his
Hindi ito jurisdiction lang ng court. The court or her own hand, and may deputize any officer or
issues the writ of amparo, it is enforceable anywhere. person to serve it.

The writ shall also set the date and time for
summary hearing of the petition which shall not be
Sec. 4. No Docket Fees. - The petitioner shall be later than seven (7) days from the date of its
exempted from the payment of the docket and other issuance.
lawful fees when filing the petition. The court, justice
or judge shall docket the petition and act upon it So far, we know who can file a writ. We know that we
immediately. can apply for a writ in the RTC, SB, CA. And, the writ will
Is there requirement to pay docket fees? NO, be issued. But, what is the writ? Ano yun? Ano yung
exempt. issue ng court? What will it do? Kasi, after this, may writ
na, the writ shall also set the date and time for summary
Sec. 5. Contents of Petition. - The petition shall be hearing of the petition which shall not be later than 7
signed and verified and shall allege the following: days from the date of its issuance. So, naissue na ang
We will not go through them one by one. writ pero may summary hearing. Who shall be punished
by the court for contempt for refusing to issue the writ?
1. The personal circumstances of the petitioner; Clerk of court.

2. The name and personal circumstances of the Sec. 7. Penalty for Refusing to Issue or Serve the
respondent responsible for the threat, act or Writ. - A clerk of court who refuses to issue the writ
omission, or, if the name is unknown or uncertain, after its allowance, or a deputized person who
the respondent may be described by an assumed refuses to serve the same, shall be punished by the
appellation; court, justice or judge for contempt without
prejudice to other disciplinary actions.
3. The right to life, liberty and security of the If I am the clerk of court, hindi ko siguro iissue
aggrieved party violated or threatened with violation ang writ. Di ko alam anong issue ko eh. I’ll issue a writ of
by an unlawful act or omission of the respondent, amparo but what will it do. Iseserve ng person dun sa
and how such threat or violation is committed with tao na seservan niya. This is the writ of amparo. What is
the attendant circumstances detailed in supporting it about?
affidavits;
Sec. 8. How the Writ is Served. - The writ shall be
4. The investigation conducted, if any, specifying the served upon the respondent [public official or private
names, personal circumstances, and addresses of individual threatening the life] by a judicial officer or by
the investigating authority or individuals, as well as a person deputized by the court, justice or judge
who shall retain a copy on which to make a return of
service. In case the writ cannot be served personally The return shall also state other matters relevant to
on the respondent, the rules on substituted service the investigation, its resolution and the prosecution
shall apply. of the case.

Now, remember, naissue na ang writ ha. Sinerve sa A general denial of the allegations in the petition
respondent. What should the respondent do within 72 shall not be allowed.
hours? The respondent shall file a verified written return
together with supporting affidavits. Sec. 10. Defenses not Pleaded Deemed Waived. - All
defenses shall be raised in the return, otherwise,
Sec. 9. Return; Contents. - Within seventy-two (72) they shall be deemed waived.
hours after service of the writ, the respondent shall
file a verified written return together with supporting Sec. 12. Effect of Failure to File Return. - In case the
affidavits which shall, among other things, contain respondent fails to file a return, the court, justice or
the following: judge shall proceed to hear the petition ex parte.
Diba naissue na yung writ, ano pa yung
1. The lawful defenses to show that the respondent ipepetition?
did not violate or threaten with violation the right to
life, liberty and security of the aggrieved party, So, meron din tayong prohibited pleadings and motion
through any act or omission; dun sa petition. I don’t know what the petitioner here is
asking for kasi naissue na yung writ. So, these are the
2. The steps or actions taken by the respondent to prohibited pleadings similar to the Summary Rule.
determine the fate or whereabouts of the aggrieved
party and the person or persons responsible for the
threat, act or omission; Sec. 11. Prohibited Pleadings and Motions. - The
following pleadings and motions are prohibited:
3. All relevant information in the possession of the
respondent pertaining to the threat, act or omission 1. Motion to dismiss;
against the aggrieved party; and
2. Motion for extension of time to file return,
4. If the respondent is a public official or employee, opposition, affidavit, position paper and other
the return shall further state the actions that have pleadings;
been or will still be taken:
3. Dilatory motion for postponement;
1. to verify the identity of the aggrieved party;
4. Motion for a bill of particulars;
2. to recover and preserve evidence related to the
death or disappearance of the person identified in 5. Counterclaim or cross-claim;
the petition which may aid in the prosecution of the
person or persons responsible; 6. Third-party complaint;

3. to identify witnesses and obtain statements from 7. Reply;


them concerning the death or disappearance;
8. Motion to declare respondent in default;
4. to determine the cause, manner, location and time
of death or disappearance as well as any pattern or 9. Intervention;
practice that may have brought about the death or
disappearance; 10. Memorandum;

5. to identify and apprehend the person or persons 11. Motion for reconsideration of interlocutory
involved in the death or disappearance; and orders or interim relief orders; and

6. to bring the suspected offenders before a 12. Petition for certiorari, mandamus or prohibition
competent court. against any interlocutory order.
knowledge of the enforced disappearance or
And then, there would be a summary hearing. whereabouts of the aggrieved party.

Sec. 13. Summary Hearing. - The hearing on the If the motion is opposed on the ground of national
petition shall be summary. However, the court, security or of the privileged nature of the
justice or judge may call for a preliminary information, the court, justice or judge may conduct
conference to simplify the issues and determine the a hearing in chambers to determine the merit of the
possibility of obtaining stipulations and admissions opposition.
from the parties.
The movant must show that the inspection order is
The hearing shall be from day to day until completed necessary to establish the right of the aggrieved
and given the same priority as petitions for habeas party alleged to be threatened or violated.
corpus.
The inspection order shall specify the person or
Now, naissue na yung writ ha pero meron pang interim persons authorized to make the inspection and the
reliefs. date, time, place and manner of making the
inspection and may prescribe other conditions to
Sec. 14. Interim Reliefs. - Upon filing of the petition protect the constitutional rights of all parties. The
or at anytime before final judgment, the court, order shall expire five (5) days after the date of its
justice or judge may grant any of the following issuance, unless extended for justifiable reasons.
reliefs:
(c) Production Order. - The court, justice or judge,
(a) Temporary Protection Order. - The court, justice upon verified motion and after due hearing, may
or judge, upon motion or motu proprio, may order order any person in possession, custody or control
that the petitioner or the aggrieved party and any of any designated documents, papers, books,
member of the immediate family be protected in a accounts, letters, photographs, objects or tangible
government agency or by an accredited person or things, or objects in digitized or electronic form,
private institution capable of keeping and securing which constitute or contain evidence relevant to the
their safety. If the petitioner is an organization, petition or the return, to produce and permit their
association or institution referred to in Section 3(c) inspection, copying or photographing by or on
of this Rule, the protection may be extended to the behalf of the movant.
officers involved.
The motion may be opposed on the ground of
The Supreme Court shall accredit the persons and national security or of the privileged nature of the
private institutions that shall extend temporary information, in which case the court, justice or judge
protection to the petitioner or the aggrieved party may conduct a hearing in chambers to determine the
and any member of the immediate family, in merit of the opposition.
accordance with guidelines which it shall issue.
The court, justice or judge shall prescribe other
The accredited persons and private institutions shall conditions to protect the constitutional rights of all
comply with the rules and conditions that may be the parties.
imposed by the court, justice or judge.
(d) Witness Protection Order. - The court, justice or
(b) Inspection Order. - The court, justice or judge, judge, upon motion or motu proprio, may refer the
upon verified motion and after due hearing, may witnesses to the Department of Justice for
order any person in possession or control of a admission to the Witness Protection, Security and
designated land or other property, to permit entry for Benefit Program, pursuant to Republic Act No. 6981.
the purpose of inspecting, measuring, surveying, or
photographing the property or any relevant object or The court, justice or judge may also refer the
operation thereon. witnesses to other government agencies, or to
accredited persons or private institutions capable of
The motion shall state in detail the place or places to keeping and securing their safety.
be inspected. It shall be supported by affidavits or
testimonies of witnesses having personal
Sec. 15. Availability of Interim Reliefs to That is basically the writ of amparo. Pwede iappeal,
Respondent. - Upon verified motion of the where do you appeal?
respondent and after due hearing, the court, justice
or judge may issue an inspection order or Sec. 19. Appeal. - Any party may appeal from the
production order under paragraphs (b) and (c) of the final judgment or order to the Supreme Court under
preceding section. Rule 45. The appeal may raise questions of fact or
law or both.
A motion for inspection order under this section SC does not entertain questions of fact. Pero
shall be supported by affidavits or testimonies of itong writ of amparo, diretso na sa SC, pwede pa ang
witnesses having personal knowledge of the questions of fact.
defenses of the respondent.
The period of appeal shall be five (5) working days
The respondent can also avail interim reliefs. from the date of notice of the adverse judgment.

Sec. 16. Contempt. - The court, justice or judge may The appeal shall be given the same priority as in
order the respondent who refuses to make a return, habeas corpus cases.
or who makes a false return, or any person who
otherwise disobeys or resists a lawful process or Who normally appeals? Edi yung respondent na may
order of the court to be punished for contempt. The judgment, whatever the judgment or the writ.
contemnor may be imprisoned or imposed a fine.
Sec. 20. Archiving and Revival of Cases. - The court
Sec. 17. Burden of Proof and Standard of Diligence shall not dismiss the petition, but shall archive it, if
Required. - The parties shall establish their claims upon its determination it cannot proceed for a valid
by substantial evidence. cause such as the failure of petitioner or witnesses
to appear due to threats on their lives.
The respondent who is a private individual or entity
must prove that ordinary diligence as required by A periodic review of the archived cases shall be
applicable laws, rules and regulations was observed made by the amparo court that shall, motu proprio
in the performance of duty. or upon motion by any party, order their revival
when ready for further proceedings. The petition
The respondent who is a public official or employee shall be dismissed with prejudice upon failure to
must prove that extraordinary diligence as required prosecute the case after the lapse of two (2) years
by applicable laws, rules and regulations was from notice to the petitioner of the order archiving
observed in the performance of duty. the case.

The respondent public official or employee cannot The clerks of court shall submit to the Office of the
invoke the presumption that official duty has been Court Administrator a consolidated list of archived
regularly performed to evade responsibility or cases under this Rule not later than the first week of
liability. January of every year.
Just read that.
Meron pang burden of proof, substantial
evidence. For civil cases, preponderance of evidence. Sec. 21. Institution of Separate Actions. - This Rule
Criminal cases, proof of guilt beyond reasonable doubt. shall not preclude the filing of separate criminal,
Dito, substantial evidence. civil or administrative actions.

Sec. 18. Judgment. - The court shall render Sec. 22. Effect of Filing of a Criminal Action. - When
judgment within ten (10) days from the time the a criminal action has been commenced, no separate
petition is submitted for decision. If the allegations petition for the writ shall be filed. The reliefs under
in the petition are proven by substantial evidence, the writ shall be available by motion in the criminal
the court shall grant the privilege of the writ and case.
such reliefs as may be proper and appropriate;
otherwise, the privilege shall be denied. The procedure under this Rule shall govern the
disposition of the reliefs available under the writ of
amparo.
Sec. 23. Consolidation. - When a criminal action is
filed subsequent to the filing of a petition for the
writ, the latter shall be consolidated with the criminal
action.

When a criminal action and a separate civil action


are filed subsequent to a petition for a writ of
amparo, the latter shall be consolidated with the
criminal action.

After consolidation, the procedure under this Rule


shall continue to apply to the disposition of the
reliefs in the petition.

You can actually consolidate. Remember the


rule on consolidation. You always consolidate with the
criminal action. If there is a civil action filed first, you
consolidate with the criminal action. If there is a petition
for amparo filed first, you consolidate that again with the
criminal action.

Sec. 26. Applicability to Pending Cases. - This Rule


shall govern cases involving extralegal killings and
enforced disappearances or threats thereof pending
in the trial and appellate courts.

So, i really don’t know what the court will order. Do not
do EJK. Do not threaten a person. Ganun siguro noh,
kung ano yung hinihingi ng petitioner.