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