Judicial Affidavit Rule (JAR): Purpose and Scope
The Judicial Affidavit Rule (JAR), specifically A.M. No. 12-8-8-SC as referenced, is a procedural mechanism governing the presentation of evidence in court proceedings. Its primary purpose is for the judicial affidavits of witnesses to take the place of their direct testimonies during trials or hearings.
The JAR applies to all actions, proceedings, and incidents requiring the reception of evidence before various courts, including special courts, and quasi-judicial bodies whose rules are subject to the Supreme Court's disapproval.
However, the application of the JAR is not universal. Section 5 of the Judicial Affidavit Rule explicitly excludes certain cases from its application:
- Small claims cases under A.M. No. 08-8-7-SC.
- For the presentation of adverse party and hostile witnesses.
For adverse party and hostile witnesses, their examination during trial proceeds under the traditional provisions of the Rules of Court concerning evidence and other related discovery rules, such as depositions.
Filing and Service
Under the JAR, parties are required to file their judicial affidavits with the court and serve them on the adverse party. This must be done personally or by licensed courier service. The deadline for filing and service is not later than five days before the pre-trial, preliminary conference, or the scheduled hearing with respect to motions and incidents.
Any documentary or object evidence that a party intends to present must be attached to the judicial affidavits and marked as exhibits.
Contents and Form
A judicial affidavit must be prepared in the language known to the witness. If the language is neither English nor Filipino, it must be accompanied by a translation.
The contents of a judicial affidavit must include specific information:
- The name, age, residence or business address, and occupation of the witness.
- The name and address of the lawyer who conducted or supervised the examination of the witness, and the place where the examination took place.
- A statement from the witness affirming that they are answering the questions under oath and are fully aware that they may face criminal liability for false testimony or perjury.
- The questions asked of the witness and their corresponding answers, numbered consecutively.
- The circumstances detailing how the witness acquired the facts they are testifying upon.
- The facts elicited from the witness that are relevant to the issues in the case.
- Identification of any attached documentary and object evidence, establishing their authenticity according to the Rules of Court.
Sworn Attestation of the Lawyer
A judicial affidavit must be signed by the witness. Additionally, it requires a sworn attestation from the lawyer who conducted or supervised the examination. This attestation, located at the end of the affidavit, must affirm that the lawyer has:
- Faithfully recorded or caused to be recorded the questions asked and the answers provided by the witness.
- Neither coached the witness nor allowed any other person present or assisting to coach the witness regarding their answers.