Judicial Affidavit Rule

A.M. No.
12-8-8-SC
JUDICIAL AFFIDAVIT RULE
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 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.

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A.M. No.

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