Category Archives: Legal Procedure

The Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)

Recognizing that the judiciary uses excessive quantities of costly paper (for the purpose of saving trees, conserving precious water and helping mother earth), the Supreme Court issued the Efficient Use of Paper Rule (A.M. No. 11-9-4-SC; see full text). This Rule, which took effect on 1 January 2013, prescribes the format of pleadings, motions and documents filed in courts. Continue reading

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Introduction to and Discussion on the Judicial Affidavit Rule

On 4 September 2012, the Supreme Court issued A.M. No. 12-8-8-SC [full text], approving the JUDICIAL AFFIDAVIT RULE. The Rule, which is intended to expedite court proceedings, is new and far from complete, necessitating an extensive discussion to thresh out various issues. Lawyers could keep their observations to themselves and hope that the other party commits a mistake, most likely gaining an edge by reason of technicality. Still, considering that the unstated purpose of the Rule is to ferret out the truth in coming out with a decision based on the merits, and not on mere technicality, it would be helpful to start an open discussion to pick the brains of the legal-minded crowd. Continue reading

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Effectivity and Purpose of the Judicial Affidavit Rule

[This is Part 2 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

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Scope of Application of the Judicial Affidavit Rule

[This is Part 3 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

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Service and filing of the Judicial Affidavit

[This is Part 4 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

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Required contents of a judicial affidavit under the Judicial Affidavit Rule

[This is Part 5 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule]

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Offer of Testimony and Objections under the Judicial Affidavit Rule

[This is Part 6 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

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Documentary and Object Evidence under the Judicial Affidavit Rule

[This is Part 7 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

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Cross-examination and Re-Direct Examination under the Judicial Affidavit Rule

[This is Part 8 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

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Resort to subpoena under the Judicial Affidavit Rule

[This is Part 9 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

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