A.M. NO.

12-8-8-SC
JUDICIAL
AFFIDAVIT RULE
ATTY. JUVI H. GAYATAO
 SECTION 1. SCOPE.

This Rule shall apply to all actions, proceedings, and incidents requiring the
reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari' a
Circuit Courts but shall not apply to small claims cases under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and
the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to
receive evidence, including the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose rules of procedure are
subject to disapproval of the Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule.
 SECTION 2.

Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. –

(a) The parties shall file with the court and serve on the adverse party, personally or by
licensed courier service, not later than five days before pre-trial or preliminary conference
or the scheduled hearing with respect to motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall take the place of such witnesses'
direct testimonies; and
(2) The parties' documentary or object evidence, if any, which shall be attached to the
judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant
or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent or the
defendant.
(b) Should a party or a witness desire to keep the original document or object evidence in
his possession, he may, after the same has been identified, marked as exhibit, and
authenticated, warrant in his judicial affidavit that the copy or reproduction attached to
such affidavit is a faithful copy or reproduction of that original. In addition, the party or
witness shall bring the original document or object evidence for comparison during the
preliminary conference with the attached copy, reproduction, or pictures, failing which the
latter shall not be admitted.
This is without prejudice to the introduction of secondary evidence in place of the original
when allowed by existing rules.
 SECTION 3. CONTENTS OF
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.
 SECTION 4. SWORN ATTESTATION
OF THE LAWYER.

(a) The judicial affidavit shall contain a sworn attestation at the end, executed
by the lawyer who conducted or supervised the examination of the witness, to
the effect that:
(1) He faithfully recorded or caused to be recorded the questions he asked and
the corresponding answers that the witness gave; and
(2) Neither he nor any other person then present or assisting him coached the
witness regarding the latter's answers.
(b) A false attestation shall subject the lawyer mentioned to disciplinary action,
including disbarment.
 SECTION 5. SUBPOENA

If the government employee or official, or 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 under Rule 21 of the Rules of Court. 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 shal1 be understood to be ex parte.
 SECTION 6. OFFER OF AND
OBJECTIONS TO TESTIMONY IN
JUDICIAL AFFIDAVIT

The party presenting the judicial affidavit of his witness in place of

direct testimony shall state the purpose of such testimony at the start of the
presentation of the witness. The adverse party may move to disqualify the
witness or to strike out his 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.
 SECTION 7. EXAMINATION OF THE
WITNESS ON HIS JUDICIAL AFFIDAVIT

The adverse party shall have the right to cross-examine the witness
on his judicial affidavit and on the exhibits attached to the same. The party
who presents the witness may also examine him as on re-direct. In every case,
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.
 SECTION 8. ORAL OFFER OF AND
OBJECTIONS TO EXHIBITS.

(a) Upon the termination of the testimony of his last witness, 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 or
purposes for which he offers the particular exhibit.
(b) 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.
(c) 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.
 SECTION 9. APPLICATION OF
RULE TO CRIMINAL ACTIONS

(a) This rule shall apply to all criminal actions:

(1) Where the maximum of the imposable penalty does not exceed six years;
(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty
involved; or
(3) With respect to the civil aspect of the actions, whatever the penalties involved are.
(b) The prosecution shall submit the judicial affidavits of its witnesses not later than five
days before the pre-trial, serving copies if the same upon the accused. The complainant or
public prosecutor shall attach to the affidavits such documentary or object evidence as he
may have, marking them as Exhibits A, B, C, and so on. No further judicial affidavit,
documentary, or object evidence shall be admitted at the trial.
(c) If the accused desires to be heard on his defense after receipt of the judicial affidavits
of the prosecution, he shall have the option to submit his judicial affidavit as well as those
of his witnesses to the court within ten days from receipt of such affidavits and serve a
copy of each on the public and private prosecutor, including his documentary and object
evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as
direct testimonies of the accused and his witnesses when they appear before the court to
testify.
 SECTION 10. EFFECT OF NON-
COMPLIANCE WITH THE JUDICIAL
AFFIDAVIT RULE.

(a) 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, however, allow only once the late
submission of the same provided, the delay is for a valid reason, would not unduly
prejudice the opposing party, and 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.
(b) The court shall not consider the affidavit of any witness who fails to appear at the
scheduled hearing of the case as required. 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.
(c) 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 above. The
court may, however, allow only once the subsequent submission of the compliant
replacement affidavits before the hearing or trial provided the delay is for a valid reason and
would not unduly prejudice the opposing party and provided further, that public or private
counsel responsible for their preparation and submission pays a fine of not less than P
1,000.00 nor more than P 5,000.00, at the discretion of the court.