JUDCIAL AFFIDAVIT

Jan Cedrik S. Abuyo (Group 1)

Q1: Under what Rule is the Judicial Affidavit is based?

A1: The Judicial Affidavit is based from A.M No. 12-8-8-SC otherwise known as the
“Judicial Affidavit Rule.” The rule took effect on January 1, 2013 in response to the
congested dockets in courts and in order to reduce the time needed for completing
the testimonies of witnesses. Moreover, few foreign businessmen make long-term
investments in the Philippines because its courts are unable to provide ample and
speedy protection to their investments, keeping its people poor.

Q2: What is the scope of the application of the Rule?

A2: The rule applies to all proceedings requiring presentation of evidence before all
courts, including special courts and quasi-judicial bodies 1, and the provisions of the
Rules of Court and the rules of procedure governing investigating officers and
bodies authorized by the Supreme Court to receive evidence 2, except the Supreme
Court, and cases involving small claims under A.M. No. 8-8-7 SC. 3

In Criminal cases, it shall apply to all criminal actions where; a)the maximum of the
imposable penalty does not exceed six years; b) Where the accused agrees to the use
of judicial affidavits, irrespective of the penalty involved; or c) With respect to the
civil aspect of the actions, whatever the penalties involved are.4

Q3: When and Where to file?

A3: The Judicial Affidavit of witness shall take the place of direct testimonies. 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. 5

In Criminal cases, the prosecution shall submit the judicial affidavits of its witnesses
not later than five days before the pre-trial, serving copies if the same upon the
accused. The complainant or public prosecutor shall attach to the affidavits such
documentary or object evidence as he may have, marking them as Exhibits A, B, C,
and so on. No further judicial affidavit, documentary, or object evidence shall be
admitted at the trial.

If the accused desires to be heard on his defense after receipt of the judicial
affidavits of the prosecution, he shall have the option to submit his judicial affidavit

1
Sec. 1, A.M. No. 12-8-8-SC.
2
Sec. 11, Ibid.
3
Sec. 1. Ibid.
4
Sec. 9, Ibid.
5
Sec. 2, Ibid.
 as well as those of his witnesses to the court within ten days from receipt of such
affidavits and serve a copy of each on the public and private prosecutor. 6

Q4: What are the contents of the Judicial Affidavit?

The party presenting the judicial affidavit of his witness in place of direct testimony
shall state the purpose of such testimony at the start of the presentation of the
witness.7 Further, under Section 3 of A.M. No. 12-8-8-SC, it provides that 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:

(a) The name, age, residence or business address, and occupation of the
witness;

(b) 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;

(c) 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;

(d) Questions asked of the witness and his corresponding answers,

consecutively numbered, that:

(1) Show the circumstances under which the witness acquired the
facts upon which he testifies;

(2) Elicit from him those facts which are relevant to the issues that
the case presents; and

(3) Identify the attached documentary and object evidence and

establish their authenticity in accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) 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.

The judicial affidavit shall also contain a sworn attestation at the end, executed by
the lawyer who conducted or supervised the examination of the witness, to the
effect that: a) he faithfully recorded or caused to be recorded the questions he asked
and the corresponding answers that the witness gave; and b) Neither he nor any

6
Sec. 9, A.M. No. 12-8-8-SC.
7
Sec. 6, Ibid.
 other person then present or assisting him coached the witness regarding the
latter's answers.8

Q5: What is the effect of Non- compliance with the Judicial Affidavit Rule?
A5: Under Section 10 of the said rule, non-compliance with the Judicial Affidavit Rule
shall have the following effect:

(a) A party who fails to submit the required judicial affidavits and exhibits on time
shall be deemed to have waived their submission. The court may, however,
allow only once the late submission of the same provided, the delay is for a valid
reason, would not unduly prejudice the opposing party, and the defaulting party
pays a fine of not less than P 1,000.00 nor more than P 5,000.00 at the discretion
of the court.

(b) 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.

(c) 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 P 1,000.00 nor more
than P 5,000.00, at the discretion of the court.

8
Sec. 4, A.M. No. 12-8-8-SC.
 REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Mandaluyong City
Branch 45

Maria Alynna Santos- Dela Cruz

Plaintiff,
Civil Case No. 20-6429
For:
-versus-
DECLARATION OF
NULLITY OF
MARRIAGE UNDER
Juan Dela Cruz ART. 36 OF THE
Defendant, FAMILY CODE
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- x

JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 12-8-8-12, September 4, 2012)

OFFER

The Judicial affidavit of Maria Alynna Santos- Dela Cruz is executed to

serve as her direct testimony and to prove that the physical manifestations of
defendant are indicative of psychological incapacity at the time of the
celebration of the marriage.

JUDICIAL AFFIDAVIT PROPER

I, Maria Alynna Santos- Dela Cruz, of legal age, married, residing at

Nueve de Pebrero St., Mauway, Mandaluyong City, employed as an HR
assistant, after having been duly sworn to in accordance with law, hereby
depose and state:

That in relation to the above-entitled case, counsel Atty. Anthony C.

Lopez with office address at San. Joaqin corner Boni Ave. Brgy. Viewplain,
Mandaluyong City, conducted and supervised my examination at his said
office;

That I answered the questions given to me, fully conscious that I did so
under oath and that I may face perjury and any other criminal liability for
false testimony;

That the following are the questions asked and the corresponding
answers I gave, to wit:

1. Q: Are you the same Maria Alynna Santos- Dela Cruz, the Plaintiff in
this case?
A: Yes.

2. Q: Do you know the respondent in this case, Juan Dela Cruz?

A: Yes, he is my husband.

3. Q: Can you describe your husband’s attitude with respect to this

marriage?
A: He was emotionally immature, irresponsible and continually
failed to adapt himself to married life.

4. Q: Does your husband have a job?

A: My husband never bothered to look for a job and instead always
asked his mother for financial assistance.

5. Q: What kind of assistance does your husband ask from his mother?
A: When we got married, it was his mother who found us a small unit
near his mother’s home and it was also his mother who paid the
monthly rental.
6. Q: What was your husband’s reason for not bothering to look for
work?
A: Juan told me that he is too old to work and most jobs have an age
limit for starters and that he had no clothes to wear to job interviews.

7. Q: What did you do next?

A: I constantly encouraged my husband to find employment. I even
bought him a newspaper every Sunday. To inspire him further, I bought
him new clothes and a pair of shoes and even gave him money.

8. Q: Was he able to find a job afterwards?

A: First, my husband told me that he already found a job and I was
overjoyed. However, some weeks after, I discovered that my husband
has been in his parent’s house when he was supposed to be at work.
From there I realized that my husband didn’t actually get a job and the
check he gave to me, which was supposedly his salary for the month of
February 2019, came from his mother.

9. Q: I have here a document which purports to be a check dated

February 28, 2019, under the name of Clara Dela Cruz’s account in
favor of Juan Dela Cruz, herein referred to as Exhibit “B”, can you please
kindly go over it and tell this Honorable court its relation to the
document you are referring to.
A: Sir, this is the same check that I have received from my husband.

10. Q: Do you know who is Clara Dela Cruz?

A: Yes. His mother.

11. Q: Going back, what did you do upon knowing that he lied to you?
A: I confronted him about the matter.

12. Q: What was his response?

A: Juan cried like a child and told me that he pretended to have a job
so that I would stop nagging about applying for a job. He also told me
that his parents can support their needs.

13. Q: Have you ever thought of moving from another place, far from his
parents?
 A: Yes. I requested that we move to another place and rent a small
room rather than live near his parents, however Juan did not agree to
the idea because it would be harder for his parents to provide assistance
in our daily needs.

14. Q: Apart from the foregoing, can you describe your husband’s
relationship towards you?
A: He fails to perform the essential responsibilities and duties of a
husband.

15. Q: Why is it so?

A: Because our sexual relationship was unsatisfactory. We only had
sex once a month and I never enjoyed it.

16. Q: Have you ever discussed this problem to your husband?

A: Yes. He would always say that sex was sacred and it should not be
enjoyed nor abused. He did not even want to have a child yet because he
claimed he was not ready.

17. Q: What is your Prayer to this Court?

A: That our marriage be declared null and void on the ground of
Physiological Incapacity under Article 36 of the Family Code of the
Philippines.

18. Q: What document do you wish to submit to this Court?

A: As Exhs. “B” i.e., Check under the name of Clara Dela Cruz’s account
in favor of Juan Dela Cruz.

Affiant further sayeth naught.

Maria Alynna Santos- Dela Cruz

Affiant
SUBSCRIBED and sworn to before me, this 8th day of February 2020, in the
City of Mandaluyong, Philippines by affiant with Driver’s License No. N01-13-
010036 issued on April 20, 2018 at Pasig City.

Doc. No. ______ ;

Page No. ______ ; NOTARY PUBLIC
Book No. ______ ;
Series of 2020

ATTESTATION

I hereby state, under oath, that I faithfully recorded the questions I

asked and the corresponding answers that the witness gave and that neither I
nor any other person present or assisting me has coached the witness
regarding the latter’s statement.
                                                      

Atty. Anthony C. Lopez

Counsel for plaintiff

SUBSCRIBED and sworn to before me, this 8th day of February 2020, in the
City of Mandaluyong, Philippines by affiant with Driver’s License No. N01-13-
010045 issued on November 20, 2017 at Pasig City.

Doc. No. ______ ;

Page No. ______ ; NOTARY PUBLIC
Book No. ______ ;
Series of 2020