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Rule
(A.M. No. 1208080SC)
As to kinds of cases:
• All actions, proceedings, and incidents
requiring the reception of evidence.
Except: small claims cases falling under
A.M. 08-8-7-SC.
III. Scope of the rule
For criminal cases:
• Those which the maximum penalty imposable
does not exceed 6 years;
• To their civil aspect, regardless of penalty
imposed;
• In any case where the accused agrees to the
use of the rule.
III. Scope of the rule
As to courts:
• The MTC, MTCC, and MCTC; RTC; CTA; CA;
Sandiganbayan
• Shari’a Circuit Courts, Shari’a District Courts and
the Shari’a Appellate Courts.
• Investigating officers and bodies authorized by
the Supreme Court to receive evidence, including
the Integrated Bar of the Philippines (IBP).
• Special Courts and quasi-judicial bodies
IV. Period To File
• Not later than five (5) days before pre-trial or
preliminary conference or the scheduled hearing
with respect to motions and incidents.
V. Modes of Filling
• Personal Service;
• Licensed courier service
VI. Formalities
• Written in language known to the witness.
• If not in English or Filipino, a translation must
be attached
VII. Contents:
1. Personal circumstance of the witness;
2. Identity of the lawyer who conducted or supervised
the examination of the witness including the lawyer’s
address;
3. The place where the examination was held;
4. A statement that the witness answered the questions
under oath and that the witness is aware that he may
face criminal liability for false testimony or perjury;
5. Signature of the witness over his printed name;
6. 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.
7. Attestation by the examining/supervising lawyer.
VIII. Application to Criminal Cases
NOTE:
A judicial affidavit is non-complaint if it does not
conform to the content requirements provided for the
Judicial Affidavit Rule.
Except:
• If the absence is due to valid cause/s.
XIII. Effect of the absence of the
counsel at the scheduled hearing
Except:
If the absence to due valid cause/s.
XIV. Applicability to pending
cases
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