September 4, 2012 Philippine (IBP); and

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

EN BANC procedure are subject to disapproval of the Supreme Court, insofar as
their existing rules of procedure contravene the provisions of this
A.M. No. 12-8-8-SC Rule. 1

JUDICIAL AFFIDAVIT RULE (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 Af davits and Exhibits in Lieu of Direct
RESOLUTION Testimonies. — (a) The parties shall le with the court and serve on the adverse party,
WHEREAS, case congestion and delays plague most courts in cities, given the personally or by licensed courier service, not later than ve days before pre-trial or
huge volume of cases led each year and the slow and cumbersome adversarial preliminary conference or the scheduled hearing with respect to motions and incidents,
system that the judiciary has in place; IcHAaS
the following:

WHEREAS, about 40% of criminal cases are dismissed annually owing to the fact (1) The judicial af davits of their witnesses, which shall take the place of
that complainants simply give up coming to court after repeated postponements; such witnesses' direct testimonies; and
WHEREAS, few foreign businessmen make long-term investments in the (2) The parties' documentary or object evidence, if any, which shall be
Philippines because its courts are unable to provide ample and speedy protection to attached to the judicial af davits and marked as Exhibits A, B, C, and
their investments, keeping its people poor; so on in the case of the complainant or the plaintiff, and as Exhibits 1,
WHEREAS, in order to reduce the time needed for completing the testimonies of 2, 3, and so on in the case of the respondent or the defendant. CTHaSD

witnesses in cases under litigation, on February 21, 2012 the Supreme Court approved (b) Should a party or a witness desire to keep the original document or
for piloting by trial courts in Quezon City the compulsory use of judicial af davits in object evidence in his possession, he may, after the same has been identi ed, marked
place of the direct testimonies of witnesses; as exhibit, and authenticated, warrant in his judicial af davit that the copy or
WHEREAS, it is reported that such piloting has quickly resulted in reducing by reproduction attached to such af davit is a faithful copy or reproduction of that
about two-thirds the time used for presenting the testimonies of witnesses, thus original. In addition, the party or witness shall bring the original document or object
speeding up the hearing and adjudication of cases; 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
WHEREAS, the Supreme Court Committee on the Revision of the Rules of Court,
prejudice to the introduction of secondary evidence in place of the original when
headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the
allowed by existing rules.
Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A. Abad,
have recommended for adoption a Judicial Af davit Rule that will replicate nationwide SECTION 3. Contents of Judicial Af davit. — A judicial af davit shall be
the success of the Quezon City experience in the use of judicial affidavits; and 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:
WHEREAS, the Supreme Court En Banc finds merit in the recommendation.
NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates (a) The name, age, residence or business address, and occupation of the
the following: witness;
SECTION 1.Scope. — (a) This Rule shall apply to all actions, proceedings, and (b) The name and address of the lawyer who conducts or supervises the
incidents requiring the reception of evidence before: examination of the witness and the place where the examination is
being held;
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, the Municipal Circuit Trial Courts, and the (c) A statement that the witness is answering the questions asked of
Shari'a Circuit Courts but shall not apply to small claims cases under him, fully conscious that he does so under oath, and that he may face
A.M. 08-8-7-SC; DCHaTc criminal liability for false testimony or perjury;
(2) The Regional Trial Courts and the Shari'a District Courts; (d) Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals,
and the Shari'a Appellate Courts; (1) Show the circumstances under which the witness acquired the
facts upon which he testifies;
(4) The investigating of cers and bodies authorized by the Supreme
Court to receive evidence, including the Integrated Bar of the (2) Elicit from him those facts which are relevant to the issues
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 that the case presents; and (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
(3) Identify the attached documentary and object evidence and make its ruling respecting that exhibit.
establish their authenticity in accordance with the Rules of
Court;DCcIaE
(c) Since the documentary or object exhibits form part of the judicial
af davits that describe and authenticate them, it is suf cient that such exhibits are
(e) The signature of the witness over his printed name; and simply cited by their markings during the offers, the objections, and the rulings,
dispensing with the description of each exhibit.
(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 9. Application of Rule to Criminal Actions. — (a) This rule shall apply
to all criminal actions:
SECTION 4. Sworn Attestation of the Lawyer. — (a) The judicial af davit shall
contain a sworn attestation at the end, executed by the lawyer who conducted or (1) Where the maximum of the imposable penalty does not exceed six
supervised the examination of the witness, to the effect that: years;

(1) He faithfully recorded or caused to be recorded the questions he (2) Where the accused agrees to the use of judicial af davits,
asked and the corresponding answers that the witness gave; and irrespective of the penalty involved; or

(2) Neither he nor any other person then present or assisting him (3) With respect to the civil aspect of the actions, whatever the penalties
coached the witness regarding the latter's answers. involved are.cTDECH

(b)A false attestation shall subject the lawyer mentioned to disciplinary action, (b) The prosecution shall submit the judicial af davits of its witnesses not
including disbarment. later than ve days before the pre-trial, serving copies of the same upon the accused.
The complainant or public prosecutor shall attach to the af davits such documentary
SECTION 5. Subpoena. — If the government employee or of cial, or the
or object evidence as he may have marking them as Exhibits A, B, C, and so on. No
requested witness, who is neither the witness of the adverse party nor a hostile
further judicial affidavit, documentary, or object evidence shall be admitted at the trial.
witness, unjusti ably declines to execute a judicial af davit or refuses without just
cause to make the relevant books, documents, or other things under his control (c) If the accused desires to be heard on his defense after receipt of the
available for copying, authentication, and eventual production in court, the requesting judicial af davits of the prosecution, he shall have the option to submit his judicial
party may avail himself of the issuance of a subpoena ad testificandum or duces tecum af davit as well as those of his witnesses to the court within ten days from receipt of
under Rule 21 of the Rules of Court. The rules governing the issuance of a subpoena to such af davits and serve a copy of each on the public and private prosecutor, including
the witness in this case shall be the same as when taking his deposition except that the his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on.
taking of a judicial affidavit shall be understood to be ex parte. These af davits shall serve as direct testimonies of the accused and his witnesses
when they appear before the court to testify.
SECTION 6. Offer of and Objections to Testimony in Judicial Af davit. — The
party presenting the judicial af davit of his witness in place of direct testimony shall SECTION 10. Effect of Non-Compliance with the Judicial Af davit Rule. — (a)
state the purpose of such testimony at the start of the presentation of the witness. The A party who fails to submit the required judicial af davits and exhibits on time shall be
adverse party may move to disqualify the witness or to strike out his af davit or any of deemed to have waived their submission. The court may, however, allow only once the
the answers found in it on ground of inadmissibility. The court shall promptly rule on the late submission of the same provided, the delay is for a valid reason, would not unduly
motion and, if granted, shall cause the marking of any excluded answer by placing it in prejudice the opposing party, and the defaulting party pays a ne of not less than
brackets under the initials of an authorized court personnel, without prejudice to a P1,000.00 nor more than P5,000.00, at the discretion of the court.
tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court. HAECID
(b) The court shall not consider the af davit of any witness who fails to
SECTION 7. Examination of the Witness on His Judicial Af davit. — The appear at the scheduled hearing of the case as required. Counsel who fails to appear
adverse party shall have the right to cross-examine the witness on his judicial af davit without valid cause despite notice shall be deemed to have waived his client's right to
and on the exhibits attached to the same. The party who presents the witness may also confront by cross-examination the witnesses there present.
examine him as on re-direct. In every case, the court shall take active part in examining (c) The court shall not admit as evidence judicial af davits that do not
the witness to determine his credibility as well as the truth of his testimony and to elicit conform to the content requirements of Section 3 and the attestation requirement of
the answers that it needs for resolving the issues. Section 4 above. The court may, however, allow only once the subsequent submission
SECTION 8. Oral Offer of and Objections to Exhibits. — (a) Upon the of the compliant replacement af davits before the hearing or trial provided the delay is
termination of the testimony of his last witness, a party shall immediately make an oral for a valid reason and would not unduly prejudice the opposing party and provided
offer of evidence of his documentary or object exhibits, piece by piece, in their further, that public or private counsel responsible for their preparation and submission
chronological order, stating the purpose or purposes for which he offers the particular pays a ne of not less than P1,000.00 nor more than P5,000.00, at the discretion of the
exhibit. court.
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 SECTION 11. Repeal or Modi cation of Inconsistent Rules. — The provisions (SGD.) JOSE C. MENDOZA
of the Rules of Court and the rules of procedure governing investigating of cers and Associate Justice
bodies authorized by the Supreme Court to receive evidence are repealed or modi ed
insofar as these are inconsistent with the provisions of this Rule. DaAIHC

(SGD.) BIENVENIDO L. REYES

The rules of procedure governing quasi-judicial bodies inconsistent herewith are Associate Justice
hereby disapproved.
SECTION 12. Effectivity. — This rule shall take effect on January 1, 2013 (SGD.) ESTELA M. PERLAS-BERNABE
following its publication in two newspapers of general circulation not later than Associate Justice
September 15, 2012. It shall also apply to existing cases.
Footnotes
Manila, September 4, 2012.
1.By virtue of the Supreme Court's authority under Section 5 (5), Article VIII, of the 1987
Constitution to disapprove rules of procedure of special courts and quasi-judicial bodies.
(SGD.) MARIA LOURDES P. A. SERENO
Chief Justice Published in The Philippine Star on September 8, 2012.

(SGD.) ANTONIO T. CARPIO

Associate Justice

(SGD.) PRESBITERO J. VELASCO, JR.

Associate Justice

(SGD.) TERESITA J. LEONARDO-DE CASTRO

Associate Justice

(SGD.) ARTURO D. BRION

Associate Justice

(SGD.) DIOSDADO M. PERALTA

Associate Justice

(SGD.) LUCAS P. BERSAMIN

Associate Justice

(SGD.) MARIANO C. DEL CASTILLO

Associate Justice

(SGD.) ROBERTO A. ABAD

Associate Justice

(SGD.) MARTIN S. VILLARAMA, JR.

Associate Justice

(SGD.) JOSE P. PEREZ

Associate Justice
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