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]

What is the scope of application of this rule?

The applicability of this rule may refer to: (a) the courts where the rule will apply; (b) the kinds of cases or proceedings where the rule will apply; (c) the stage of the proceeding.

Type of cases

This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence. However, the Rule shall not apply to small claims cases under A.M. 08-8-7-SC.

The Rule may apply to criminal cases in three situations, as follows: (1) The maximum of the imposable penalty does not exceed six years; (2) regardless of the penalty involved, with respect to the civil aspect of the actions, or where the accused agrees to the use of the Rule.

Courts where the Rule are applicable

1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial Courts.

2. Shari’a Circuit Courts, Shari’a District Courts and the Shari’a Appellate Courts.

3. Regional Trial Courts.

4. Sandiganbayan.

5. Court of Tax Appeals.

6. Court of Appeals.

7. Investigating officers and bodies authorized by the Supreme Court to receive evidence, including the Integrated Bar of the Philippine (IBP).

8. Special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.

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

One comment

  1. Dear Sir / Madam:

    May I seek for your assistance please regarding the following questions in relation to JUDICIAL AFFIDAVIT RULE:

    1. Is this consistent with the legal formalism?
    2. What is the legal basis of judicial affidavit rule in the context of positive law?
    3. What are the possible connections with the other laws where the applicability of judicial affidavit rule can be informed with the natural law principles?
    4. Can it be intertwined with the natural law principles?
    5. Can judicial affidavit sustain the philosophical basis of judicial processes?

    Ma’am / Sir, I am law student and I pray and hope you can help me find answers on the above questions. Appreciate your favorable reply on or before Friday, September 26, 2014.

    As I need to study the answers you may give me relating to judicial affidavit review.

    Thank you and have a nice day ahead.

    Yours truly,

    ARLENE MATURAN
    ar_maturan@yahoo.com

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