Effects of Non-Compliance with the Judicial Affidavit Rule

[This is Part 11 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]

There are different consequences in case of: (1) failure to file the judicial affidavit; (1) failure to comply with the prescribed requirements; or (3) absence during the scheduled trial date.

1. Failure to file judicial affidavit

A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The Rule allows for an exception, provided the following requirements are present:

a. It must be with leave of court. The court has the discretion whether to allow it.

b. The delay must be for a valid reason. The Rule does not indicate at what point the late submission is allowed. The above-quoted provision, which applies to criminal cases, trial starts with the presentation of the first witness (see Rule 30 of the Rules of Court), which gives the impression that no additional affidavits or evidence may be allowed upon presentation of the first witness. If this so, will this also apply to non-criminal cases?

c. It would not unduly prejudice the opposing party. This is quite surprising considering that any additional evidence naturally favors the presenting party and, therefore, prejudices the other party.

d. The defaulting party pays a fine of not less than P1,000.00 nor more than P5,000.00, at the discretion of the court.

e. It is availed only once.

This is the general provision and it is not clear whether the exception also applies to criminal cases. The specific rule for criminal cases provide that: “No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.” This gives the impression that the exception applies only in criminal cases.

2. Failure to comply with required contents

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 Pl,000.00 nor more than P5,000.00, at the discretion of the court.

3. Absence during the scheduled trial date

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.

Also read and discuss the following:

1. Introduction to and discussion of the Judicial Affidavit Rule

2. Effectivity and Purpose of the Judicial Affidavit Rule

3. Scope of Application of the Judicial Affidavit Rule

4. Service and filing of the Judicial Affidavit

5. Required contents of a judicial affidavit under the Judicial Affidavit Rule

6. Offer of Testimony and Objections under the Judicial Affidavit Rule

7. Documentary and Object Evidence under the Judicial Affidavit Rule

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

9. Resort to subpoena under the Judicial Affidavit Rule

10. Formal offer of evidence under the Judicial Affidavit Rule

11. Effects of Non-Compliance with the Judicial Affidavit Rule

4 comments

  1. Does the Rule require both parties i.e. the prosecution and the defense, to file the judicial affidavits? If the defense, moves to dismiss the complaint because of non-compliance of the prosecution with Section 2 of the Judicial Affidavit Rule, and the defense likewise failed to file said judicial affidavits, will the motion to dismiss prosper?

  2. what is the responsibility of a person who will sign to a judicial affidavit after..is he be able to call for a court trial after afixing his signature to the affidavit?pls help me

  3. Dami slmt po, atty fred. Ask lang po, a defendant’s star witness backed out in less than 24 hours to a scheduled FINAL hearing on preliminary injunction. And so the defendant had to rush look for alternative proof in place of the witness’ testimony. Out of desperation, defendant stayed up the whole night, hoping to find pictures taken more than 4 decades ago and a video taken 5 yrs ago, to add to the proof of defendant’s ownership of the subject property. Defendant did unearth such (a better proof than the witness who backed out) and offered these during direct. Do the rules allow the presentation of such pics and video, and the admission of such evidence by the court? Should the court reject such evidence just because these were not stipulated in the defendant’s judicial affidavit?
    Case: Forcible Entry
    Thank u so much po!

  4. Please include me in your sending of sample forms in court hearing or cases. Thank you very much for your samples in this email.

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