5. Judicial Affidavit

SUBMISSION IN LIEU OF DIRECT TESTIMONY

• The parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following:
• The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct testimonies; and
• The parties' documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant.
• Should a party or a witness desire to keep the original document or object evidence in his possession-- he may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. In addition, the party or witness shall bring the original document or object evidence for comparison during the preliminary conference with the attached copy, reproduction, or pictures, failing which the latter shall not be admitted.

This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing rules. (JAR, Sec. 2)

The judicial affidavit shall take the place of the direct testimonies of witnesses. The rule, therefore, modifies the existing practice in the conduct of a trial and reception of evidence by doing away with the usual oral examination of a witness in a direct examination. (Riano, p. 296)

Under the 2020 Rules of Court, the judicial affidavits of the witnesses shall be attached to the pleading and form an integral part thereof. (Rule 7, Section 6)

CONTENTS

A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the following:

• The name, age, residence or business address, and occupation of the witness;
• The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held;
• A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury;
• Questions asked of the witness and his corresponding answers, consecutively numbered, that:
• Show the circumstances under which the witness acquired the facts upon which he testifies;
• Elicit from him those facts which are relevant to the issues that the case presents; and
• Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court;
• The signature of the witness over his printed name; and
• A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same. (JAR, Sec. 3)
• A sworn attestation at the end, executed by the lawyer who conducted or supervised the examination of the witness, to the effect that:
• He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness gave; and
• Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers. (JAR, Sec. 4(a))

The questions to be asked of the witness in the preparation of the judicial affidavit will determine whether he/she has personal knowledge of the facts upon which he/she testifies. The matters testified to should also be on matters relevant to the issues of the case. (Riano, Evidence, 272)