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    Reso Disallow Judaf Motion Accused

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    Lzl Bastes
    The court denied the motion to disallow the judicial affidavit of Dr. XX in a criminal case for serious physical injuries. While the prosecution submitted the affidavit late, the court found the delay was not due to bad faith or gross negligence. When previous witnesses testified without affidavits, the accused did not object. The court also noted its duty to achieve substantial justice and apply procedural rules liberally. However, the prosecution must pay a 1,000 peso fine for the late submission.

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    Reso Disallow Judaf Motion Accused

    Uploaded by

    Lzl Bastes
    26 views2 pages
    The court denied the motion to disallow the judicial affidavit of Dr. XX in a criminal case for serious physical injuries. While the prosecution submitted the affidavit late, the court found the delay was not due to bad faith or gross negligence. When previous witnesses testified without affidavits, the accused did not object. The court also noted its duty to achieve substantial justice and apply procedural rules liberally. However, the prosecution must pay a 1,000 peso fine for the late submission.

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    Reso Disallow Judaf Motion Accused

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    The court denied the motion to disallow the judicial affidavit of Dr. XX in a criminal case for serious physical injuries. While the prosecution submitted the affidavit late, the court found the delay was not due to bad faith or gross negligence. When previous witnesses testified without affidavits, the accused did not object. The court also noted its duty to achieve substantial justice and apply procedural rules liberally. However, the prosecution must pay a 1,000 peso fine for the late submission.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    26 views2 pages

    Reso Disallow Judaf Motion Accused

    Uploaded by

    Lzl Bastes
    The court denied the motion to disallow the judicial affidavit of Dr. XX in a criminal case for serious physical injuries. While the prosecution submitted the affidavit late, the court found the delay was not due to bad faith or gross negligence. When previous witnesses testified without affidavits, the accused did not object. The court also noted its duty to achieve substantial justice and apply procedural rules liberally. However, the prosecution must pay a 1,000 peso fine for the late submission.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    8th Judicial Region


    MUNICIPAL TRIAL COURT IN CITIES
    xxx
    PEOPLE OF THE PHILIPPINES,
    Plaintiff;
    Criminal Case No. xx
    For: Serious Physical Injuries
    -versusxxx
    Accused.
    x-------------------------------------------x
    RESOLUTION
    For resolution is the Motion to Disallow the Judicial Affidavit
    of Dr. xx on the ground that by express provision of Section 10,
    A.M. No. 12-8-8-SC, a party who fails to submit the required
    judicial affidavit and exhibits on time shall be deemed to have
    waived their submission.
    The prosecution objects arguing that within the same Rule
    quoted above, it provides that the Court may allow the late
    submission of judicial affidavits, provided, the delay is for a valid
    reason, would not unduly prejudice the opposing party, and the
    defaulting party pays a fine ranging from P1,000.00 to P5,000.00.
    The Court finds that the delay of the submission of the
    Judicial Affidavit of Dr. xx is for a valid reason because the delay
    was not due to bad faith or gross negligence on the part of the
    Prosecution. Records show that this case was filed on March 25,
    2011, while the Judicial Affidavit Rule became effective only on
    January 1, 2013. When the Prosecution presented its previous
    witnesses namely, xx, sans their judicial affidavits, the Accused
    did not bother to oppose the same, giving the Prosecution the
    impression that such is allowed as a matter practice in the courts.
    When at last, the Accused realized the said error, it moved for the
    expunction of the testimony of Dr. xx which was made without
    Judicial Affidavit, which the Court granted. While Dr. xx testimony
    was expunged from the records for non-compliance of the Rule, it
    does not follow that the Court may not allow his testimony upon
    submission of the required Judicial Affidavit, subject to the
    exceptions, and in the interest of substantial justice and liberality
    on the application of the Rules of Procedure in order to achieve
    proper dispensation of justice.
    WHEREFORE, the instant motion is denied, subject to the
    condition that the Prosecution pays the amount of P1,000.00 to
    the Clerk of Court, as fine for late submission of the Judicial
    Affidavit of Dr. xx
    SO ORDERED.
    Page 1 of 2

    IN CHAMBRS, this 5th day of January 2017, xx City.

    xx
    Presiding Judge

    Page 2 of 2

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