Preliminary Statements and Attestations in Judicial Affidavits | PRACTICAL EXERCISES

Below is a comprehensive discussion of Preliminary Statements and Attestations in Judicial Affidavits under Philippine law, with an emphasis on Remedial Law, Legal Ethics, and Legal Forms. This covers the requirements, rationale, and best practices under the pertinent rules—primarily the Judicial Affidavit Rule (A.M. No. 12-8-8-SC) and related provisions of the Rules of Court. Although this is not a substitute for individualized legal advice, it summarizes all essential facets of the topic.

I. INTRODUCTION

The Judicial Affidavit Rule (JAR) was promulgated to expedite the presentation of witnesses’ testimonies and avoid undue delays caused by traditional direct examinations in court. Instead of conducting a lengthy question-and-answer format on the witness stand, the Rule requires the parties to submit a judicial affidavit containing the testimony of each witness.

Central to the integrity of a judicial affidavit is ensuring that it is accurate, truthful, and voluntarily executed. Thus, the law requires certain preliminary statements and attestations—both from the witness and the examining lawyer—to establish the affidavit’s genuineness and trustworthiness, and to subject the parties to possible legal accountability if they commit falsehoods.

II. LEGAL BASIS AND AUTHORITY

  1. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)

    • Effective since January 1, 2013, this rule governs the use of judicial affidavits in lieu of direct testimonies in criminal and civil actions, special proceedings, and other cases before all Philippine courts.

  2. Rules of Court

    • Specific provisions in the Rules of Civil Procedure and Rules on Criminal Procedure, as amended, reinforce the use and admissibility of affidavits.
    • The Revised Rules on Evidence (2020) also guide the authenticity and due execution of affidavits presented as evidence.

  3. Relevant Supreme Court Circulars and Jurisprudence

    • Various High Court circulars and decisions clarify or supplement the Judicial Affidavit Rule’s provisions, emphasizing the need for strict compliance and stressing sanctions for false or misleading affidavits.

III. COMPONENTS OF A JUDICIAL AFFIDAVIT

A properly executed judicial affidavit typically contains:

  1. Caption and Title of the Case

    • The same caption and docket number as the case in which the affidavit is being submitted.

  2. Preliminary Statements

    • These are foundational statements at the beginning of the judicial affidavit, identifying the witness and establishing the context for the testimony.

  3. Body / Testimony

    • The main content where the witness answers questions intended to elicit the facts relevant to the case.

  4. Attestations and Oath

    • Formal statements by the witness acknowledging the veracity of the content, and by the lawyer certifying compliance with ethical and procedural requirements.

  5. Notarization or Administration of Oath

    • The witness must swear before a notary public (or other authorized officer) that the contents are true and correct.

IV. PRELIMINARY STATEMENTS IN A JUDICIAL AFFIDAVIT

A. Essential Details in the Preliminary Portion

  1. Personal Circumstances of the Witness

    • Name, age, citizenship, residence, or business address of the witness.
    • Such information establishes the witness’s identity and capacity (e.g., competence, minority/majority, etc.).

  2. Capacity and Competence

    • A statement confirming that the witness is testifying from personal knowledge of the events.
    • This ensures the affidavit aligns with the requirement that testimony must be based on personal perception or involvement.

  3. Voluntariness of Execution

    • An express declaration that the witness has executed the affidavit voluntarily and with full understanding of its contents.
    • Prevents claims of duress or coercion later on.

  4. Purpose of the Affidavit

    • Identification of the case name and docket number and a statement of the purpose for offering the testimony (e.g., direct testimony for the prosecution/plaintiff/defense).

B. Relevance to Legal and Ethical Standards

  • These preliminary details form the bedrock of the affidavit’s authenticity.
  • They also fix the parameters of the witness’s knowledge, mitigating the risk of “fishing expeditions” or irrelevant testimony.

V. ATTESTATIONS REQUIRED IN A JUDICIAL AFFIDAVIT

A. Attestation by the Witness

Following the body or narrative of the judicial affidavit, the witness must attest to the following:

  1. Truthfulness of Statements

    • A statement that the witness read and understood the affidavit, or that it was read to them in a language known to them.
    • Affirmation that the facts stated therein are true and correct to the best of their knowledge or belief.

  2. Awareness of Criminal Liability for Perjury

    • The witness explicitly acknowledges that if any of the statements are willfully false, they may be held liable for perjury or other criminal sanctions.

  3. Understanding of Voluntariness

    • The witness must confirm that their testimony is not procured through intimidation, undue influence, or financial inducement.

  4. Acknowledgment of the Oath

    • The witness acknowledges taking an oath before the notary or other administering officer, indicating that the entire content was sworn to.

B. Attestation by the Counsel (Lawyer’s Attestation)

Under the Judicial Affidavit Rule, the lawyer who conducts or supervises the witness’s examination must execute a certification or attestation stating:

  1. Personal Examination

    • That the lawyer personally examined the witness to ensure the latter fully understands the questions and their corresponding answers.

  2. Faithful Recording

    • That the questions asked of the witness, and the answers given, were faithfully and accurately recorded.

  3. Explanation of Perjury

    • That the witness was informed of the consequences of lying under oath, including the possibility of criminal prosecution.

  4. No Coaching or Inducement

    • That the lawyer did not coerce or coach the witness to give a false testimony, in keeping with the lawyer’s ethical obligation to uphold truth and justice.

  5. Compliance with Ethical Standards

    • That the affidavit was prepared in line with the canons of professional responsibility and the Code of Professional Responsibility and Accountability (or its amendments).

C. Importance of the Lawyer’s Attestation

  • The attestation pins responsibility on counsel for the validity of the affidavit.
  • It deters the practice of simply drafting a self-serving affidavit without verifying the competence or sincerity of the witness.
  • Violations of these attestation requirements can result in disciplinary actions against the lawyer.

VI. NOTARIZATION AND OATH

  1. Subscription and Sworn Statement

    • The judicial affidavit must be subscribed and sworn to before a notary public or any officer authorized to administer oaths (e.g., court clerk).
    • The notarial certificate typically appears at the bottom of the affidavit or on a separate acknowledgment page.

  2. Physical Appearance of the Affiant

    • Personal appearance of the witness before the notary is required under the 2004 Rules on Notarial Practice (as amended).
    • The notary must ensure the witness is properly identified (through valid ID or a credible witness) and that the witness was administered the oath in person.

  3. Consequences of Improper Notarization

    • Defects in notarization can result in the affidavit’s exclusion or diminished probative value.
    • The lawyer-notary may be subject to administrative sanctions (e.g., suspension or revocation of notarial commission).

VII. ETHICAL CONSIDERATIONS

A. Code of Professional Responsibility and Accountability

  1. Canon on Honesty and Candor

    • Lawyers must uphold the truth, ensure that no false statements are included, and refrain from facilitating perjury.

  2. Duty to the Court

    • A lawyer’s overarching duty is to assist in the speedy and efficient administration of justice. Submitting incomplete or false affidavits obstructs justice.

  3. Avoidance of Abuse

    • Lawyers must not use the Judicial Affidavit Rule to ambush or mislead the court by introducing extraneous matters not indicated in the affidavit.

B. Potential Sanctions for Violations

  • Administrative Disciplinary Action (for lawyers): Reprimand, suspension, or disbarment.
  • Criminal Liability (for witness or lawyer): Perjury, obstruction of justice, or other relevant offenses.
  • Civil Liability: Potential damages if the false testimony harmed an aggrieved party.

VIII. CONSEQUENCES OF NON-COMPLIANCE

  1. Refusal of Witness’s Testimony

    • The court may exclude the testimony if the judicial affidavit is non-compliant with the mandated contents or lacks proper attestations.

  2. Striking Out of Inadmissible Statements

    • If certain statements violate the Rules on Evidence (e.g., hearsay, irrelevant, incompetent testimony), the court may strike them out upon timely objection.

  3. Delaying Tactics or Bad Faith

    • Parties who improperly use or fail to submit proper judicial affidavits may be penalized for delaying tactics, or face orders such as the witness’s testimony being stricken off the record or the awarding of costs and fees to the other party.

  4. Possible Criminal/Administrative Action

    • The court may cite the witness or the lawyer for contempt, initiate perjury proceedings, or refer the matter to the Integrated Bar of the Philippines (IBP) for disciplinary action.

IX. BEST PRACTICES FOR COMPLIANCE

  1. Drafting and Review

    • The lawyer should carefully draft questions relevant to the case, avoid leading or suggestive formats unless allowed, and thoroughly review the answers with the witness.

  2. Ensuring Understanding

    • Verify that the witness fully comprehends the content and ramifications of signing under oath. Provide translations if the witness is not fluent in English.

  3. Accuracy and Clarity

    • The statements should be concise and direct to avoid confusion. Complex legal jargon should be minimized or explained.

  4. Observe Ethical Boundaries

    • The lawyer must scrupulously avoid pressuring the witness to modify answers to suit the case theory. Coaching beyond clarification of questions is prohibited.

  5. Proper Execution and Notarization

    • Follow the correct steps for notarization: personal appearance, valid ID, complete notarization block.
    • Submit the judicial affidavit within the required timeframe imposed by the court.

X. SAMPLE OUTLINE OF A JUDICIAL AFFIDAVIT’S PRELIMINARY STATEMENTS AND ATTESTATIONS

Below is a schematic (not an official or fixed template) illustrating how preliminary statements and attestations might appear:

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Branch Number], [City/Province]

[Case Title]
[Case Number]

JUDICIAL AFFIDAVIT OF [Name of Witness]

I, [Name of Witness], of legal age, Filipino, [civil status], and residing at [complete address], after having been duly sworn to in accordance with law, depose and state that:

PRELIMINARY STATEMENTS:

1. I am a witness for the [plaintiff/defendant/People of the Philippines, etc.] in the above-captioned case.
2. The purpose of this affidavit is to present my testimony in lieu of direct examination, pursuant to the Judicial Affidavit Rule.
3. I am executing this affidavit freely and voluntarily, fully aware of its contents and of my obligation to tell the truth.

QUESTIONS AND ANSWERS:
[Set forth questions and corresponding answers in a straightforward manner.]

WITNESS’S ATTESTATION:

IN WITNESS WHEREOF, I attest that I have read this Judicial Affidavit, and the same has been explained to me in [language/dialect] that I fully understand, and that the facts stated herein are true and correct to the best of my knowledge. I further attest that I understand I can be charged with perjury if I make any false statements.

(SIGNATURE OF WITNESS)
[Name of Witness]
Affiant

LAWYER’S ATTESTATION:

I, [Name of Lawyer], counsel for the [party], hereby certify and state that:
1. I personally examined the witness, [Name of Witness].
2. I explained to her/him the substance of the questions and her/his answers as recorded in this Judicial Affidavit.
3. I informed her/him of the obligation to tell the truth, the consequences of testifying under oath, and that she/he may face legal liabilities for false testimony.
4. I faithfully recorded or caused to be recorded the questions I asked and the corresponding answers given by the witness.

(SIGNATURE OF LAWYER)
[Name of Lawyer]
PTR No. _____ / IBP No. _____
Roll of Attorneys No. _____
[Address and Contact Information]

SUBSCRIBED AND SWORN TO before me this __ day of __________ 20__, affiant exhibiting to me her/his [competent proof of identity]. 

(SIGNATURE OF NOTARY PUBLIC)
Notary Public
[Notarial Commission Number]
[Office Address]
[Valid until ______]
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 20__.

XI. CONCLUSION

Preliminary statements and attestations in judicial affidavits are not mere formalities. They serve the critical functions of:

  • Establishing the witness’s identity, capacity, and voluntariness of the testimony;
  • Assuring the court and the opposing party of the affidavit’s authenticity and truthfulness;
  • Binding both the witness and the lawyer to potential administrative, civil, or criminal liability for deceit or falsehood.

Strict compliance with the Judicial Affidavit Rule, the Rules of Court, and ethical canons is indispensable. Lawyers have a heightened responsibility to guide witnesses properly, secure truthful answers, and certify the affidavit’s genuineness. When properly executed, judicial affidavits greatly enhance judicial efficiency and uphold the fair dispensation of justice in Philippine courts.

Disclaimer: This overview is for general educational purposes and does not constitute legal advice. For specific legal questions or issues, it is best to consult an experienced attorney conversant with the facts and applicable law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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