A.M. No.

12-8-8-SC
JUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in cities, given the huge
volume of cases filed each year and the slow and cumbersome adversarial syste1n
that the judiciary has in place;

Whereas, about 40% of criminal cases are dismissed annually owing to the fact that
complainants simply give up con1ing to court after repeated postponements;

Whereas, few foreign businessmen make long-term investments in the Philippines

because its courts are unable to provide ample and speedy protection to their
investments, keeping its people poor;

Whereas, in order to reduce the time needed for completing the testimonies of
witnesses in cases under litigation, on February 21, 2012 the Supreme Court
approved for piloting by trial courts in Quezon City the compulsory use of judicial
affidavits in place of the direct testimonies of witnesses;

Whereas, it is reported that such piloting has quickly resulted in reducing by about
two-thirds the time used for presenting the testimonies of witnesses, thus speeding
up the hearing and adjudication of cases;

Whereas, the Supreme Court Committee on the Revision of the Rules of Court,
headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on
the Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A.
Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate
nationwide the success of the Quezon City experience in the use of judicial
affidavits; and

Whereas, the Supreme Court En Banc finds merit in the recommendation;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates
the following:

Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and
incidents requiring the reception of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities,
the Municipal Trial Courts, the Municipal Circuit Trial Courts, and the
Shari' a Circuit Courts but shall not apply to small claims cases under
A.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari'a District Courts;

(3) The Sandiganbayan, the Court of Tax Appeals, the Court of

Appeals, and the Shari'a Appellate Courts;
 (4) The investigating officers and bodies authorized by the Supreme
Court to receive evidence, including the Integrated Bar of the
Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whose rules of

procedure are subject to disapproval of the Supreme Court, insofar as
their existing rules of procedure contravene the provisions of this
Rule.1

(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or
investigating officers shall be uniformly referred to here as the "court."

Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct

testimonies. - (a) The parties shall file with the court and serve on the adverse
party, personally or by licensed courier service, not later than five days before pre-
trial or preliminary conference or the scheduled hearing with respect to motions and
incidents, the following:

(1) The judicial affidavits of their witnesses, which shall take the place
of such witnesses' direct testimonies; and

(2) The parties' docun1entary or object evidence, if any, which shall be

attached to the judicial affidavits and marked as Exhibits A, B, C, and
so on in the case of the complainant or the plaintiff, and as Exhibits 1,
2, 3, and so on in the case of the respondent or the defendant.

(b) Should a party or a witness desire to keep the original document or object
evidence in his possession, he may, after the same has been identified,
marked as exhibit, and authenticated, warrant in his judicial affidavit that the
copy or reproduction attached to such affidavit is a faithful copy or
reproduction of that original. In addition, the party or witness shall bring the
original document or object evidence for comparison during the preliminary
conference with the attached copy, reproduction, or pictures, failing which the
latter shall not be admitted.

This is without prejudice to the introduction of secondary evidence in place of the

original when allowed by existing rules.

Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the

language known to the witness and, if not in English or Filipino, accompanied by a
translation in English or Filipino, and shall contain the following:

(a) The name, age, residence or business address, and occupation of the
witness;

(b) The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being
held;
 (c) A statement that the witness is answering the questions asked of him,
fully conscious that he does so under oath, and that he may face criminal
liability for false testimony or perjury;

(d) Questions asked of the witness and his corresponding answers,

consecutively numbered, that:

(1) Show the circumstances under which the witness acquired the facts
upon which he testifies;

(2) Elicit from him those facts which are relevant to the issues that the
case presents; and

(3) Identify the attached documentary and object evidence and

establish their authenticity in accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the oath or
an officer who is authorized by law to administer the same.

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 7. Examination of the witness on his judicial affidavit. - The adverse party
shall have the right to cross-examine the witness on his judicial affidavit and on the
exhibits attached to the same. The party who presents the witness may also
examine him as on re-direct. In every case, the court shall take active part in
examining the witness to determine his credibility as well as the truth of his
testimony and to elicit the answers that it needs for resolving the issues.

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.

Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party
who fails to submit the required judicial affidavits and exhibits on time shall be
deemed to have waived their submission. The court may, however, allow only once
the late submission of the same provided, the delay is for a valid reason, would not
unduly prejudice the opposing party, and the defaulting party pays a fine of not less
than P 1,000.00 nor more than P 5,000.00 at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails to
appear at the scheduled hearing of the case as required. Counsel who fails to
appear without valid cause despite notice shall be deemed to have waived his
client's right to confront by cross-examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits that do not
conform to the content requirements of Section 3 and the attestation
requirement of Section 4 above. The court may, however, allow only once the
subsequent submission of the compliant replacement affidavits before the
hearing or trial provided the delay is for a valid reason and would not unduly
prejudice the opposing party and provided further, that public or private
counsel responsible for their preparation and submission pays a fine of not
less than P 1,000.00 nor more than P 5,000.00, at the discretion of the court.

Section 11. Repeal or modification of inconsistent rules. - The provisions of the

Rules of Court and the rules of procedure governing investigating officers and bodies
authorized by the Supreme Court to receive evidence are repealed or modified
insofar as these are inconsistent with the provisions of this Rule. 1âwphi1

The rules of procedure governing quasi-judicial bodies inconsistent herewith are

hereby disapproved.

Section 12. Effectivity. - This rule shall take effect on January 1, 2013 following its
publication in two newspapers of general circulation not later than September 15,
2012. It shall also apply to existing cases.

Manila, September 4, 2012.

 REVISED RULES ON SUMMARY PROCEDURE
RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15, 1991
PROVIDING FOR THE REVISED RULE ON SUMMARY PROCEDURE FOR
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS.

Pursuant to Section 36 of the Judiciary Reorganization Act of 1980 (B.P

Blg. 129) and to achieve an expeditious and inexpensive determination of
the cases referred to herein, the Court Resolved to promulgate the
following Revised Rule on Summary Procedure:

I. Applicability
Section 1. Scope. — This rule shall govern the summary procedure in the
Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial
Courts, and the Municipal Circuit Trial Courts in the following cases falling within
their jurisdiction:

A. Civil Cases:
(1) All cases of forcible entry and unlawful detainer, irrespective of the amount of
damages or unpaid rentals sought to be recovered. Where attorney's fees are
awarded, the same shall not exceed twenty thousand pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the total amount of the
plaintiff's claim does not exceed ten thousand pesos (P10,000.00), exclusive of
interest and costs.

B. Criminal Cases:
(1) Violations of traffic laws, rules and regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) Violations of Batas Pambansa Bilang 22 (Bouncing Checks Law)1;
(5) All other criminal cases where the penalty prescribed by law for the offense
charged is imprisonment not exceeding six months, or a fine not exceeding
(P1,000.00), or both, irrespective of other imposable penalties, accessory or

1
[A.M. No. 00-11-01-SC. March 25, 2003]
otherwise, or of the civil liability arising therefrom: Provided, however, that in
offenses involving damage to property through criminal negligence, this Rule shall
govern where the imposable fine does not exceed ten thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded
in the same complaint with another cause of action subject to the ordinary
procedure; nor to a criminal case where the offense charged is necessarily related to
another criminal case subject to the ordinary procedure.
Sec. 2. Determination of applicability. — Upon the filing of a civil or criminal action,
the court shall issue an order declaring whether or not the case shall be governed by
this Rule A patently erroneous determination to avoid the application of the Rule on
Summary Procedure is a ground for disciplinary action.

II. Civil Cases

Sec. 3. Pleadings. —
A. Pleadings allowed. — The only pleadings allowed to be filed are the complaints,
compulsory counterclaims and cross-claims' pleaded in the answer, and the answers
thereto.
B. Verifications. — All pleadings shall be verified.
Sec. 4. Duty of court. — After the court determines that the case falls under
summary procedure, it may, from an examination of the allegations therein and such
evidence as may be attached thereto, dismiss the case outright on any of the
grounds apparent therefrom for the dismissal of a civil action. If no ground for
dismissal is found it shall forthwith issue summons which shall state that the
summary procedure under this Rule shall apply. d-c
Sec. 5. Answer. — Within ten (10) days from service of summons, the defendant
shall file his answer to the complaint and serve a copy thereof on the plaintiff.
Affirmative and negative defenses not pleaded therein shall be deemed waived,
except for lack of jurisdiction over the subject matter. Cross-claims and compulsory
counterclaims not asserted in the answer shall be considered barred. The answer to
counterclaims or cross-claims shall be filed and served within ten (10) days from
service of the answer in which they are pleaded.
Sec. 6. Effect of failure to answer. — Should the defendant fail to answer the
complaint within the period above provided, the court, motu proprio, or on motion of
the plaintiff, shall render judgment as may be warranted by the facts alleged in the
complaint and limited to what is prayed for therein: Provided, however, that the
court may in its discretion reduce the amount of damages and attorney's fees
claimed for being excessive or otherwise unconscionable. This is without prejudice to
the applicability of Section 4, Rule 15 of the Rules of Court, if there are two or more
defendants.
Sec. 7. Preliminary conference; appearance of parties. — Not later than thirty (30)
days after the last answer is filed, a preliminary conference shall be held. The rules
on pre-trial in ordinary cases shall be applicable to the preliminary conference unless
inconsistent with the provisions of this Rule.
The failure of the plaintiff to appear in the preliminary conference shall be a cause
for the dismissal of his complaint. The defendant who appears in the absence of the
plaintiff shall be entitled to judgment on his counterclaim in accordance with Section
6 hereof. All cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in
accordance with Section 6 hereof. This Rule shall not apply where one of two or
more defendants sued under a common cause of action who had pleaded a common
defense shall appear at the preliminary conference.
Sec. 8. Record of preliminary conference. — Within five (5) days after the
termination of the preliminary conference, the court shall issue an order stating the
matters taken up therein, including but not limited to:
(a) Whether the parties have arrived at an amicable settlement, and if so, the terms
thereof;
(b) The stipulations or admissions entered into by the parties;
(c) Whether, on the basis of the pleadings and the stipulations and admissions
made by the parties, judgment may be rendered without the need of further
proceedings, in which event the judgment shall be rendered within thirty (30) days
from issuance of the order;
(d) A clear specification of material facts which remain controverted; and
(e) Such other matters intended to expedite the disposition of the case.
Sec. 9. Submission of affidavits and position papers. — Within ten (10) days from
receipt of the order mentioned in the next preceding section, the parties shall submit
the affidavits of their witnesses and other evidence on the factual issues defined in
the order, together with their position papers setting forth the law and the facts
relied upon by them.
Sec. 10. Rendition of judgment. — Within thirty (30) days after receipt of the last
affidavits and position papers, or the expiration of the period for filing the same, the
court shall render judgment.
However should the court find it necessary to clarify certain material facts, it may,
during the said period, issue an order specifying the matters to be clarified, and
require the parties to submit affidavits or other evidence on the said matters within
ten (10) days from receipt of said order. Judgment shall be rendered within fifteen
(15) days after the receipt of the last clarificatory affidavits, or the expiration of the
period for filing the same.
The court shall not resort to the clarificatory procedure to gain time for the rendition
of the judgment.

III. Criminal Cases

Sec. 11. How commenced. — The filing of criminal cases falling within the scope of
this Rule shall be either by complaint or by information: Provided, however, that in
Metropolitan Manila and in Chartered Cities. such cases shall be commenced only by
information, except when the offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the compliant
and of his witnesses in such number of copies as there are accused plus two (2)
copies for the court's files.If this requirement is not complied with within five (5)
days from date of filing, the care may be dismissed.
Sec. 12. Duty of court. —
(a) If commenced by compliant. — On the basis of the compliant and the affidavits
and other evidence accompanying the same, the court may dismiss the case outright
for being patently without basis or merit and order the release of the amused if in
custody.
(b) If commenced by information. — When the case is commenced by information,
or is not dismissed pursuant to the next preceding paragraph, the court shall issue
an order which, together with copies of the affidavits and other evidence submitted
by the prosecution, shall require the accused to submit his counter-affidavit and the
affidavits of his witnesses as well as any evidence in his behalf, serving copies
thereof on the complainant or prosecutor not later than ten (10) days from receipt of
said order. The prosecution may file reply affidavits within ten (10) days after receipt
of the counter-affidavits of the defense.
Sec. 13. Arraignment and trial. — Should the court, upon a consideration of the
complaint or information and the affidavits submitted by both parties, find no cause
or ground to hold the accused for trial, it shall order the dismissal of the case;
otherwise, the court shall set the case for arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately arraigned
and if he enters a plea of guilty, he shall forthwith be sentenced.
Sec. 14. Preliminary conference. — Before conducting the trial, the court shall call
the parties to a preliminary conference during which a stipulation of facts may be
entered into, or the propriety of allowing the accused to enter a plea of guilty to a
lesser offense may be considered, or such other matters may be taken up to clarify
the issues and to ensure a speedy disposition of the case.However, no admission by
the accused shall be used against him unless reduced to writing and signed by the
accused and his counsel.A refusal or failure to stipulate shall not prejudice the
accused.
Sec. 15. Procedure of trial. — At the trial, the affidavits submitted by the parties
shall constitute the direct testimonies of the witnesses who executed the same.
Witnesses who testified may be subjected to cross-examination, redirect or re-cross
examination. Should the affiant fail to testify, his affidavit shall not be considered as
competent evidence for the party presenting the affidavit, but the adverse party may
utilize the same for any admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed to testify unless his
affidavit was previously submitted to the court in accordance with Section 12 hereof.
However, should a party desire to present additional affidavits or counter-affidavits
as part of his direct evidence, he shall so manifest during the preliminary
conference, stating the purpose thereof. If allowed by the court, the additional
affidavits of the prosecution or the counter-affidavits of the defense shall be
submitted to the court and served on the adverse party not later than three (3) days
after the termination of the preliminary conference. If the additional affidavits are
presented by the prosecution, the accused may file his counter-affidavits and serve
the same on the prosecution within three (3) days from such service.
Sec. 16. Arrest of accused. — The court shall not order the arrest of the accused
except for failure to appear whenever required. Release of the person arrested shall
either be on bail or on recognizance by a responsible citizen acceptable to the court.
Sec. 17. Judgment. — Where a trial has been conducted, the court shall
promulgate the judgment not later than thirty (30) days after the termination of
trial.

IV. COMMON PROVISIONS

Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon for conciliation
under the provisions of Presidential Decree No. 1508 where there is no showing of
compliance with such requirement, shall be dismissed without prejudice and may be
revived only after such requirement shall have been complied with. This provision
shall not apply to criminal cases where the accused was arrested without a warrant.
Sec. 19. Prohibited pleadings and motions. — The following pleadings, motions or
petitions shall not be allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint or to quash the complaint or information except
on the ground of lack of jurisdiction over the subject matter, or failure to comply
with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order
issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. — The affidavits required to be submitted under this Rule shall
state only facts of direct personal knowledge of the affiants which are admissible in
evidence, and shall show their competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel who submits the
same to disciplinary action, and shall be cause to expunge the inadmissible affidavit
or portion thereof from the record.
Sec. 21. Appeal. — The judgment or final order shall be appealable to the
appropriate regional trial court which shall decide the same in accordance with
Section 22 of Batas Pambansa Blg. 129. The decision of the regional trial court in
civil cases governed by this Rule, including forcible entry and unlawful detainer, shall
be immediately executory, without prejudice to a further appeal that may be taken
therefrom. Section 10 of Rule 70 shall be deemed repealed.
Sec. 22. Applicability of the regular rules. — The regular procedure prescribed in
the Rules of Court shall apply to the special cases herein provided for in a suppletory
capacity insofar as they are not inconsistent herewith.
Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall be effective
on November 15, 1991.