Judicial affidavit rule in use by 2013

CEBU, Philippines - In order to shorten the proceedings with which cases are to be heard, the Supreme Court of the Philippines will compulsorily implement the judicial affidavit rule in 2013.

The judicial affidavit shall contain direct testimonies of the witnesses and the documentary or object evidence of the parties will be attached. In this rule, there will be no direct testimonies coming from the witnesses, as their judicial affidavit will serve their direct testimonies.

Chief Justice Maria Lourdes Sereno promulgated the rule to answer the problems of case congestion and delays in court proceedings with the corroboration of other associate justices of the Supreme Court.

Sereno said the judicial affidavit rule shall apply to “all actions, proceedings and incidents requiring the reception of evidence.”

This will apply to Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Circuit Trial Courts, Shari’a Circuit Courts, Regional Trial Courts, Shari’a District Courts, Sandiganbayan, Court of Tax Appeals, Court of Appeals and Shari’a Appellate Courts.

However, the rule will not apply to small claims cases.

In the said rule the submission of judicial affidavit and exhibits “in line of direct testimonies” will not be later than five days before the pre-trial or preliminary conference.

The said affidavit will be prepared in the language known to the witnesses with corresponding name, age, residence and occupation.

The name and address of the lawyer who conducts the examination of the witness shall also be placed. The false attestation of the lawyer has a corresponding disciplinary action including disbarment.

During the proceedings, the party must state the purpose of the witnesses’ judicial affidavit.

However, if it is “inadmissible”, the adverse party can manifest their objection and the court will eventually rule on the matter.

The adverse party has the right to cross-examine the witness based on his judicial affidavit and the exhibits attached. The party who presents witnesses can have a re-direct examination.

The judicial affidavit rule has also exceptions. For criminal cases it can be applied to cases wherein the maximum of imposable penalty does not exceed six years.

However, if the parties agree to use the said rule despite the penalty involved the court can allow them.

In civil cases, the prosecution shall submit the judicial affidavits not later than five days.

For non-compliance with the submission of the judicial affidavit on the given time, the party “shall be deemed to have waived their submission” the rule stated.

However, the court will allow the late submission of the party if they have a valid reason with a corresponding fine of not less than P1,000 or more than P5,000. In the absence of the witness during the scheduled hearing, the court will not consider his or her affidavit.

The revision committee led by Senior Associate Justice Antonio Carpio and Sub-Committee on the Revision of the Rules on civil procedure headed by Associate Justice Roberto Abad recommended the adoption of judicial affidavit rule.

The said rule was first tried in the courts of Quezon City last February where it got positive results. The volumes of cases were reduced to two-thirds.

Integrated Bar of the Philippines-Cebu City Chapter President Earl Bonachita said the rule was intended to shorten the period during which cases are to be heard. — (FREEMAN)