Judicial Affidavit Rule [A.M. No. 12-8-8-SC]

The Judicial Affidavit Rule was promulgated by the Supreme Court of the Philippines to expedite judicial proceedings and to reduce case delays by replacing direct oral testimonies with judicial affidavits. It became effective on January 1, 2013, and applies to all actions, proceedings, and incidents requiring the reception of evidence in judicial or quasi-judicial bodies under the supervision of the Supreme Court.

Below is a detailed discussion of the rule:

1. Scope and Applicability

The Judicial Affidavit Rule applies to:

Criminal cases - where the maximum penalty does not exceed six years, and when the accused consents.
Civil and administrative cases - where judicial affidavits replace the direct testimony of witnesses.
Quasi-judicial proceedings - before administrative tribunals under the supervision of the Supreme Court.

It does not apply to small claims cases under the Revised Rules on Small Claims.

2. Purpose

The primary purpose of the Judicial Affidavit Rule is to:

Simplify and expedite the presentation of evidence.
Reduce the time spent on the direct examination of witnesses.
Promote access to justice by lowering litigation costs and delays.

3. Content and Format of Judicial Affidavits

A judicial affidavit must strictly adhere to the requirements set forth in the rule:

Content

The judicial affidavit must include:

Answers to written questions prepared by the party's counsel or a lawyer under their supervision.
A declaration that:
- The affiant is answering based on their personal knowledge or based on authentic records.
- The affiant is aware of the obligation to tell the truth and the consequences of perjury.
Information on:
- The names and addresses of the parties and the counsel who conducted the examination.
- The date and place of the examination.
Any supporting documents or exhibits must be attached and properly marked.

Format

The affidavit must be typewritten or printed legibly.
It must be executed under oath or affirmation before an authorized officer.

4. Filing and Submission

Judicial affidavits are filed and submitted under these guidelines:

The judicial affidavit of a witness must be submitted not later than five (5) days before the pre-trial or preliminary conference, or if the evidence will be presented in trial, not later than the scheduled hearing date.
The party submitting the affidavit must furnish copies to all other parties.

5. Use in Trial

During the trial or hearing:

The judicial affidavit serves as the direct testimony of the witness.
The opposing counsel is allowed to cross-examine the witness based on the contents of the affidavit.
If the witness fails to appear without a valid excuse, the judicial affidavit will be expunged from the records.

6. Sanctions for Non-Compliance

Non-compliance with the rule may result in:

The exclusion of the witness or judicial affidavit.
Disciplinary action against the counsel or party responsible for the non-compliance.

7. Exceptions to the Rule

The Judicial Affidavit Rule is not applicable:

When the court permits the presentation of oral testimony in lieu of affidavits for compelling reasons.
When the witness is a hostile witness or requires extensive cross-examination.
In cases where the affidavit cannot adequately capture nuances in testimony, and oral examination is essential.

8. Key Case Laws

Relevant cases interpreting and applying the Judicial Affidavit Rule include:

Narciso v. Sta. Romana-Cruz (G.R. No. 182601, February 11, 2015) – The Supreme Court upheld the validity of judicial affidavits as substitutes for direct oral testimony.
Cabrera v. People (G.R. No. 220658, September 5, 2018) – The Court stressed that judicial affidavits must conform strictly to procedural requirements; otherwise, they may be excluded.

9. Practical Application

Examination-in-Chief: The judicial affidavit eliminates the need for prolonged direct examination.
Cross-Examination: Opposing counsel should carefully scrutinize the affidavit to prepare cross-examination questions.
Admissibility: The affidavit must meet the basic standards of relevance, competence, and authenticity to be admitted.

10. Ethical Considerations

Lawyers preparing judicial affidavits must:

Ensure that the witness’s answers are truthful and voluntary.
Avoid coaching or suggesting answers that distort facts.
Ensure compliance with the rule to avoid sanctions or delays in the proceedings.

Conclusion

The Judicial Affidavit Rule reflects the judiciary's commitment to the speedy resolution of cases and the efficient administration of justice. Proper understanding and application of the rule by practitioners and litigants are essential to reap its benefits. The rule underscores the principle that procedural rules are tools in aid of justice, not its hindrance.