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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Seeking to eradicate the scourge of long-drawn protracted litigations, and address case congestion and delays in court, the Court en banc promulgated A.M. No. 12-8-8-SC or the Judicial Affidavit Rule on September 4, 2012.
Under the Section 2 of the Judicial Affidavit Rule, 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:
- The judicial affidavits of their witnesses, which shall take place of such witnesses’ direct testimonies; and
- The parties documentary 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.
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 PhP1,000.00 nor more than PhP5,000.00 at the discretion of the court.
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.
The court shall not admit as evidence judicial affidavits that do not conform to the content requirements and the attestation requirement. 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 PhP1,000.00 nor more than PhP5,000.00, at the discretion of the court.
Related Articles:
- Rule on Examination of a Child Witness (A.M. No. 004-07-SC)
- Rules on the use of Body-Worn Cameras in the Execution of Warrants A.M. No. 21-06-08
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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