CREATING NEW SYSTEMS   FOR HEARING AND DECIDING CASES WITHFAIRNESS AND DISPATCH
Would you know how many of ourpeople live in crowded cities?
75% of our people live in crowdedcities.
With so many living in these cities,occasions for human conflict are inevitable.
Thus, courts in these cities aredrowning in cases.     Many have 1,000 plus cases;     some have 2,000 plus.     Many cour...
Thus, courts in these cities aredrowning in cases.     Many have 1,000 plus cases;     some have 2,000 plus.     Many cour...
Thus, courts in these cities aredrowning in cases.     Many have 1,000 plus cases;     some have 2,000 plus.     Many cour...
Thus, courts in these cities aredrowning in cases.     Many have 1,000 plus cases;     some have 2,000 plus.     Many cour...
Their courtrooms are full.
Parties have to wait outside to be called.
It takes 3 to 5 years, at times more,for cases to be heard and decided,
…inflicting a sense of hopelessness overthe justice system that you and I serve.
Because of case congestion, mosthearings are postponed almost under anypretext,     prompting complainants in criminalcase...
Because of case congestion, mosthearings are postponed almost under anypretext,     prompting complainants in criminalcase...
Because of case congestion, mosthearings are postponed almost under anypretext,     prompting complainants in criminalcase...
Because of case congestion, mosthearings are postponed almost under anypretext,     prompting complainants in criminalcase...
… Victims of crimes find no speedy justicein our courts.
Few foreign businessmen make long-term investments in our country     because our courts cannot provideprotection to their...
Few foreign businessmen make long-term investments in our country     because our courts cannot provideprotection to their...
Result: we do not attain economicgrowth;    our people remain poor.
Result: we do not attain economicgrowth;    our people remain poor.
Because people have lost trust in ourability to render justice,      many have given up coming to courtwith their disputes...
Because people have lost trust in ourability to render justice,      many have given up coming to courtwith their disputes...
Because people have lost trust in ourability to render justice,      many have given up coming to courtwith their disputes...
or find “just“ solutions elsewhere.             Email Article:
What causes these terrible delays inour justice system?     There are many causes.
What causes these terrible delays inour justice system?     There are many causes.
Our Courts are few.
Prosecutors andpublic attorneys arefew.
Recently, the Supreme Court hasintroduced a very significant systemschange.     One of the major causes of delaysis our sl...
Recently, the Supreme Court hasintroduced a very significant systemschange.     One of the major causes of delaysis our sl...
Recently, the Supreme Court hasintroduced a very significant systemschange.     One of the major causes of delaysis our sl...
Recently, the Supreme Court hasintroduced a very significant systemschange.     One of the major causes of delaysis our sl...
The bottleneck is where this ladytells her story…      the witness stand.
The bottleneck is where this ladytells her story…      AT THE WITNESS STAND.
Why?     Because courts can hear no morethan one witness at a time.     Assuming there are just twowitnesses per case,    ...
Why?     Because courts can hear no morethan one witness at a time.     Assuming there are just twowitnesses per case,    ...
Why?     Because courts can hear no morethan one witness at a time.     If you have 1,000 cases in yourdockets     and jus...
Why?     Because courts can hear no morethan one witness at a time.     If you have 1,000 cases in yourdockets     and jus...
Why?     Because courts can hear no morethan one witness at a time.     If you have 1,000 cases in yourdockets     and jus...
Why?     Because courts can hear no morethan one witness at a time.     If you have 1,000 cases in yourdockets     and jus...
those 2,000 witnesses would form avery long line indeed.
those 2,000 witnesses would form avery long line indeed,with only three witnesses getting in on anordinary hearing day.
those 2,000 witnesses would form avery long line indeed,with only three witnesses able to get into testify in one day.
Why is our system for hearingwitnesses slow and cumbersome?
Why is our system for hearingwitnesses slow and cumbersome?     For one thing, although about 90% ofwitnesses testifies in...
Why is our system for hearingwitnesses slow and cumbersome?     For one thing, although about 90% ofwitnesses testifies in...
Why is our system for hearingwitnesses slow and cumbersome?     For one thing, although about 90% ofwitnesses testifies in...
the court has to hear the testimonyof every witness twice.
How old is our system for hearing anddeciding cases?
How old is our system for hearing anddeciding cases?    The Americans gave it to us over ahundred years ago.
It was unique to their history andculture,     yet we adopted it and were taught inlaw schools     that there is no right ...
It was unique to their history andculture,     yet we adopted it and were taught inlaw schools     that there is no right ...
It was unique to their history andculture,     yet we adopted it and were taught inlaw schools     that there is no right ...
It was unique to their history andculture,     yet we adopted it and were taught inlaw schools     that there is no right ...
The American system is adversarial.
The American system is adversarial.    The lawyers in a way control theproceedings    since they decide which witness thej...
The American system is adversarial.    The lawyers in a way control theproceedings    since they decide what evidence thej...
The American system is adversarial.    The lawyers in a way control theproceedings    since they decide what evidence thej...
Although he will decide the case,     but he is doomed to sit back andlisten.
Although he will decide the case,     the judge is doomed to sit back andlisten,
Although he will decide the case,     the judge is doomed to sit back andlisten,     allowed to ask only clarificatoryques...
The American system is alsodesigned for both jury and bench trials.    Result: using their system, we have ashadow jury si...
The American system is alsodesigned for both jury and bench trials.     In effect, it is as if we have a shadowjury sittin...
The American system is alsodesigned for both jury and bench trials.     In effect, it is as if we have a shadowjury sittin...
Why?     Because the rules we adoptedrequire our judge to pre-screens thequestions     to prevent an unlearned jury fromhe...
Why?     Because our borrowed rules requireour judge to pre-screen the questions     to prevent an unlearned jury fromhear...
Why?     Because our borrowed rules requireour judge to pre-screen the questions     to prevent that non-existent jury fro...
But this pre-screening is pointlesssince the judge    does not need to pre-screen thequestions for himself.    With his le...
But this pre-screening is pointlesssince the judge    does not need to protect himself fromhearing inadmissible evidence. ...
But this pre-screening is pointlesssince the judge     does not need to protect himself fromhearing inadmissible evidence....
Further, since it is assumed that themembers of the American jury knownothing of the case,      witnesses must tell their ...
Further, since it is assumed that themembers of the American jury knownothing of the case,      witnesses must tell their ...
Further, since it is assumed that themembers of the American jury knownothing of the case,      witnesses must tell their ...
Further, since it is assumed that themembers of the American jury knownothing of the case,     witnesses must tell their s...
Further, since it is assumed that themembers of the American jury knownothing of the case,     witnesses must tell their s...
Further, since it is assumed that themembers of the American jury knownothing of the case,     witnesses must tell their s...
Further, since it is assumed that themembers of the American jury knownothing of the case,     witnesses must tell their s...
But Section 4 of Rule 132, which weborrowed from the Americans,    requires the judge to endurebeginning-to-end stories   ...
But Section 4 of Rule 132, which weborrowed from the Americans,    requires the judge to endurebeginning-to-end testimonie...
But Section 4 of Rule 132, which weborrowed from the Americans,    requires the judge to endurebeginning-to-end testimonie...
Another cause of delay is the oftenindiscriminate objections to the questionsasked of the witness. ++
Theoretically, a lawyer objects toquestions asked of the witness      to enable the judge to predetermineif the expected a...
Theoretically, a lawyer objects toquestions asked of the witness     So the judge could preventinadmissible answers     fr...
Theoretically, a lawyer objects toquestions asked of the witness     So the judge could preventinadmissible answers     fr...
Theoretically, a lawyer objects toquestions asked of the witness     So the judge could preventinadmissible answers     fr...
Theoretically, a lawyer objects toquestions asked of the witness     So the judge could preventinadmissible answers     fr...
Another point of delay is the need toidentify,
Another point of delay is the need toidentify,     mark, and authenticate the exhibits.     The process is tedious and pai...
Another point of delay is the need toidentify,     mark, and authenticate the exhibits.     The process is tedious and pai...
Some courts, require pre-markings ofexhibits before the clerks of court    but these personnel are often just asbusy as th...
Some courts, require pre-markings ofexhibits before the clerks of court    who are also busy.        And even withsuch pre...
Some courts, require pre-markings ofexhibits before the clerks of court    who are also busy.    And even with such pre-ma...
Some courts, require pre-markings ofexhibits before the clerks of court    who are also busy.    And even with such pre-ma...
Some courts, require pre-markings ofexhibits before the clerks of court    who are also busy.    And even with such pre-ma...
Some courts, require pre-markings ofexhibits before the clerks of court    who are also busy.    And even with such pre-ma...
In many courts in cities, the cases ontheir calendars often range from 30 to 50cases.     Just calling the attendance take...
In many courts in cities, the cases ontheir calendars often range from 30 to 50cases.     Just calling the attendance take...
In many courts in cities, the cases ontheir calendars often range from 30 to 50cases.     Just calling the attendance take...
If 10 cases are ready, the judge givesthe parties in each case 10 minutes     to present part of the testimony ofjust one ...
If 10 cases are ready, the judge givesthe parties in each case 10 minutes     to present part of the testimony ofjust one ...
With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness.     Even after the direct exa...
With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness.     And, even after the direc...
With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness.     And, even after the direc...
With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness.     And, even after the direc...
How do we solve the problem?     The conventional solution is tostreamline the existing system for hearingcases     and po...
How do we solve the problem?     The conventional solution is tostreamline the existing system for hearingcases     and po...
How do we solve the problem?     The conventional solution is tostreamline the existing system for hearingcases     and po...
How do we solve the problem?     The conventional solution is tostreamline the existing system for hearingcases     and po...
How do we solve the problem?     The conventional solution is tostreamline the existing system for hearingcases     and po...
Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.      Result: hear...
Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.      Result: hear...
Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.      Result: hear...
Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.      Result: hear...
Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.      Result: hear...
Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.      Result: hear...
With judicial affidavit as directtestimony,     the witness is examined in court onlyon cross.     Instead of one witness ...
With judicial affidavit as directtestimony,     the witness is examined in court onlyon cross.     Instead of one witness ...
With judicial affidavit as directtestimony,     the witness is examined in court onlyon cross.     Instead of one witness ...
With judicial affidavit as directtestimony,     the witness is examined in court onlyon cross.     Instead of one witness ...
With judicial affidavit as directtestimony,     the witness is examined in court onlyon cross.     Instead of one witness ...
With judicial affidavit as directtestimony,     the witness is examined in court onlyon cross.     Instead of one witness ...
Consequently, the Supreme Courtapproved the “Judicial Affidavit Rule” onSeptember 4, 2012.
What functions do judicial affidavitstake?     1. They take the place of thewitnesses’ direct testimonies; and     2. They...
What functions do judicial affidavitstake?     1. They take the place of directtestimonies; and     2. They identify and a...
What functions do judicial affidavitstake?     1. They take the place of directtestimonies; and     2. They identify and a...
How and when are judicial affidavitsto be submitted?      The parties shall file them with thecourt      and serve copies ...
How and when are judicial affidavitsto be submitted?      They are to be filed with the court      and serve copies on the...
How and when are judicial affidavitsto be submitted?      They are to be filed with the court      and copies served on th...
How and when are judicial affidavitsto be submitted?      They are to be filed with the court      and copies served on th...
How and when are judicial affidavitsto be submitted?      They are to be filed with the court      and copies served on th...
How and when are judicial affidavitsto be submitted?      They are to be filed with the court      and copies served on th...
In what language will the judicialaffidavits be prepared?     In the language known to the witness     and, if not in Engl...
In what language will the judicialaffidavits be prepared?     In the language known to the witness     and, if not in Engl...
In what language will the judicialaffidavits be prepared?      In the language known to the witness      but, if this is n...
In what language will the judicialaffidavits be prepared?      In the language known to the witness      but, if this is n...
In what language will the judicialaffidavits be prepared?      In the language known to the witness      but, if this is n...
In what language will the judicialaffidavits be prepared?      In the language known to the witness      but, if this is n...
In what language will the judicialaffidavits be prepared?      In the language known to the witness      but, if this is n...
Testimonies will be quoted inpleadings in their original version    with the English translation inparenthesis provided by...
Testimonies will be quoted inpleadings in their original version     with the English or Pilipinotranslation in parenthesi...
Testimonies will be quoted inpleadings in their original version     with the English or Pilipinotranslation in parenthesi...
For example:      When asked by the judge, Ramon said thatthe accused arrived in great haste.      “Q. Nganong imo mang gi...
For example:      When asked by the judge, Ramon said thatthe accused arrived in great haste.      “Q. Nganong imo mang gi...
For example:      When asked by the judge, Ramon said thatthe accused arrived in great haste.      “Q. Nganong imo mang gi...
For example:      When asked by the judge, Ramon said thatthe accused arrived in great haste.      “Q. Nganong imo mang gi...
What will the judicial affidavitcontain?     (a) The name, age, residence, orbusiness address, and occupation of thewitnes...
What will the judicial affidavitcontain?     (a) The personal circumstance of thewitness;     (b) The identity of the lawy...
What will the judicial affidavitcontain?     (a) The personal circumstance of thewitness;     (b) The identity of the lawy...
What will the judicial affidavitcontain?     (a) The personal circumstance of thewitness;     (b) The identity of the lawy...
What will the judicial affidavitcontain?     (a) The personal circumstance of thewitness;     (b) The identity of the lawy...
What will the judicial affidavitcontain?      (a) The personal circumstance of thewitness;      (b) The identity of the la...
Like this …        “PRELIMINARY STATEMENT      “The person examining me is Atty.Julio C. Magno with address at 45 VicenteG...
Like this …    “I, ELNORA S. SABUGO, of legal age,married, and living at 12 Camalig St.,Caloocan City, plaintiff in this c...
Then there is the affidavit proper thatcontains:    (a) Questions asked of the witnessand his corresponding answers,consec...
Then there is the affidavit proper thatcontains:    (a) Numbered questions and answers;    that show the circumstances und...
Then there is the affidavit proper thatcontains:     (a) Numbered questions and answers,     showing personal knowledge of...
Like this …    Q1. Do you know Gerry T. Umali, thedefendant in this case?    A1. Yes, sir.    Q2. How did you know him?   ...
Like this …    Q1. Do you know Gerry T. Umali, thedefendant in this case?    A1. Yes, sir.    Q2. How did you know him?   ...
(b) Questions and answers that elicitfacts relevant to the issues.Like this …       Q3. When did he borrow money fromyou? ...
(b) Questions and answers that elicitfacts relevant to the issues.Like this …    Q5. What was your response to hisrequest ...
(c) Questions and answers thatidentify the attached documentary andobject evidence     and establish their authenticity in...
(c) Questions and answers thatidentify the attached documentary andobject evidence     and establish their authenticity in...
(c) Questions and answers thatidentify the attached documentary andobject evidence     and establish their authenticity in...
(c) Questions and answers thatidentify the attached documentary andobject evidence     and establish their authenticity in...
Do you know whose signature this is?     A9: Yes, sir, that of Gerry Umali.     Q10: How do you know?     A10: I saw him s...
What is required of the lawyer whoexamined the witness or supervised suchexamination?     He must execute a sworn attestat...
What is required of the lawyer whoexamined the witness or supervised suchexamination?     He must execute a sworn attestat...
What is required of the lawyer whoexamined the witness or supervised suchexamination?     He must execute a sworn attestat...
What is required of the lawyer whoexamined the witness or supervised suchexamination?     He must execute a sworn attestat...
What is required of the lawyer whoexamined the witness or supervised suchexamination?     He must execute a sworn attestat...
What is required of the lawyer whoexamined the witness or supervised suchexamination?     He must execute a sworn attestat...
Like this …    I faithfully recorded the questions Iasked Ms. Sabugo and the correspondinganswers she gave me; and neither...
What is the consequence of a falseattestation?     It will subject the lawyer-examiner     or the supervising lawyer todis...
What is the consequence of a falseattestation?     It will subject the lawyer-examiner     or the supervising lawyer todis...
What is the consequence of a falseattestation?     It will subject the lawyer-examiner     or the supervising lawyer todis...
What is the consequence of a falseattestation?     It will subject the lawyer-examiner     or the supervising lawyer todis...
Is this requirement unreasonable?     No. Even without this requirement,     it is the lawyer’s duty to record thequestion...
Is this requirement unreasonable?     No.     1. Even without this requirement,     it is the lawyer’s duty to record theq...
Is this requirement unreasonable?     No.     1. Even without it, the lawyer isresponsible for faithfully recording theque...
Is this requirement unreasonable?     No.     1. Even without it, the lawyer isresponsible for faithfully recording theque...
Is this requirement unreasonable?     No.     1. Even without it, the lawyer isresponsible for faithfully recording theque...
Is this requirement unreasonable?     No.     1. Even without it, the lawyer isresponsible for faithfully recording theque...
Is this requirement unreasonable?     No.     1. Even without it, the lawyer isresponsible for faithfully recording theque...
How will the judicial affidavits ofuncooperative witnesses be taken?     If the government employee orofficial, or the req...
How will the judicial affidavits ofuncooperative witnesses be taken?     If the government employee orofficial, or the req...
How will the judicial affidavits ofuncooperative witnesses be taken?     If the government employee orofficial, or the req...
How will the judicial affidavits ofuncooperative witnesses be taken?     If the government employee orofficial, or the req...
How will the judicial affidavits ofuncooperative witnesses be taken?     If the government employee orofficial, or the req...
How will the judicial affidavits ofuncooperative witnesses be taken?     If the government employee orofficial, or the req...
or duces tecum under Rule 21 of theRules of Court.     The rules governing the issuance of asubpoena to the witness in thi...
or duces tecum under Rule 21 of theRules of Court.     No judicial affidavit is required forthe adverse party or hostile w...
or duces tecum under Rule 21 of theRules of Court.     No judicial affidavit is required forthe adverse party or hostile w...
or duces tecum under Rule 21 of theRules of Court.     No judicial affidavit is required forthe adverse party or hostile w...
or duces tecum under Rule 21 of theRules of Court.     No judicial affidavit is required forthe adverse party or hostile w...
or duces tecum under Rule 21 of theRules of Court.     No judicial affidavit is required forthe adverse party or hostile w...
With the judicial affidavit taking theplace of direct testimony,     what remedy does the opposing partyhave if inadmissib...
With the judicial affidavit taking theplace of direct testimony,     what remedy does the opposing partyhave if inadmissib...
With the judicial affidavit taking theplace of direct testimony,     what remedy does the opposing partyhave if inadmissib...
With the judicial affidavit taking theplace of direct testimony,     what remedy does the opposing partyhave if inadmissib...
With the judicial affidavit taking theplace of direct testimony,     what remedy does the opposing partyhave if inadmissib...
The adverse party may then move todisqualify the witness      or to strike out his affidavit      or any of the answers fo...
The adverse party may then move todisqualify the witness      or to strike out his affidavit      or any of the answers fo...
The adverse party may then move todisqualify the witness      or to strike out his affidavit      or any of the answers fo...
The adverse party may then move todisqualify the witness    or to strike out his affidavit    or any of the answers found ...
The court shall promptly rule on themotion      and, if granted, shall cause themarking of any excluded answer      by pla...
The court shall promptly rule on themotion      and, if granted, shall cause theexclusion of the offending answer      by ...
The court shall promptly rule on themotion    and, if granted, shall cause theexclusion of the offending answer    by plac...
Moreover, if cross examinationreveals an inadmissible testimony in thejudicial affidavit,     the adverse party could of c...
Moreover, if cross examinationreveals an inadmissible testimony in thejudicial affidavit,     the adverse party could of c...
Moreover, if cross examinationreveals an inadmissible testimony in thejudicial affidavit,     the adverse party could of c...
Is cross examination of the witnessallowed?     Yes. The adverse party shall have theright to cross-examine the witness on...
Is cross examination of the witnessallowed?     Yes. The adverse party shall have theright to cross-examine the witness on...
Is cross examination of the witnessallowed?     Yes. The adverse party shall have theright to cross-examine the witness on...
Is cross examination of the witnessallowed?     Yes. The adverse party shall have theright to cross-examine the witness on...
Is cross examination of the witnessallowed?     Yes. The adverse party shall have theright to cross-examine the witness on...
Is cross examination of the witnessallowed?     Yes. The adverse party shall have theright to cross-examine the witness on...
Can the court also examine thewitness?     Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcase...
Can the court also examine thewitness?     Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcase...
Can the court also examine thewitness?     Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcase...
Can the court also examine thewitness?     Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcase...
Can the court also examine thewitness?     Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcase...
He is not limited to askingclarificatory questions;     he may also ask questions that willdetermine the credibility of th...
He is not limited to askingclarificatory questions;     he may also ask questions that willdetermine the credibility of th...
He is not limited to askingclarificatory questions;     he may also ask questions that willdetermine the credibility of th...
He is not limited to askingclarificatory questions;     he may also ask questions that willdetermine the credibility of th...
Suppose the examination of thewitness by the judge results in elicitinganswers     that are favorable to a party to thecas...
Suppose the examination of thewitness by the judge results in elicitinganswers     that are favorable to a party to thecas...
Suppose the examination of thewitness by the judge results in elicitinganswers     that are favorable to a party to thecas...
Suppose the examination of thewitness by the judge results in elicitinganswers     that are favorable to a party to thecas...
Suppose the examination of thewitness by the judge results in elicitinganswers     that are favorable to a party to thecas...
might give undue importance to theanswers the judge elicits    more than what those answersactually deserve.    But we hav...
might give undue importance to theanswers the judge elicits    more than what those answersactually deserve.    But we hav...
might give undue importance to theanswers the judge elicits    more than what those answersactually deserve.    But we hav...
might give undue importance to theanswers the judge elicits    more than what those answersactually deserve.    But we hav...
might give undue importance to theanswers the judge elicits    more than what those answersactually deserve.    But we hav...
might give undue importance to theanswers the judge elicits    more than what those answersactually deserve.    But we hav...
might give undue importance to theanswers the judge elicits    more than what those answersactually deserve.    But we hav...
might give undue importance to theanswers the judge elicits    more than what those answersactually deserve.    But we hav...
Trial is not about preventingunfavorable questions from being asked     but about bringing out the truth nomatter who is f...
Trial is not about preventingunfavorable questions from being asked     but about bringing out the truth nomatter who is f...
Trial is not about preventingunfavorable questions from being asked     but about bringing out the truth nomatter who is f...
Trial is not about preventingunfavorable questions from being asked     but about bringing out the truth nomatter who is f...
Trial is not about preventingunfavorable questions from being asked     but about bringing out the truth nomatter who is f...
Trial is not about preventingunfavorable questions from being asked     but about bringing out the truth nomatter who is f...
Trial is not about preventingunfavorable questions from being asked     but about bringing out the truth nomatter who is f...
How are the documentary and objectexhibits of the parties offered foradmission as evidence?     Upon the termination of th...
How are the documentary and objectexhibits of the parties offered foradmission as evidence?     After terminating the test...
How are the documentary and objectexhibits of the parties offered foradmission as evidence?     After terminating the test...
How are the documentary and objectexhibits of the parties offered foradmission as evidence?     After terminating the test...
How are the documentary and objectexhibits of the parties offered foradmission as evidence?     After terminating the test...
After each piece of exhibit is offered,
After each piece of exhibit is offered,      the adverse party shall state thelegal ground for his objection to it, if any...
After each piece of exhibit is offered,      the adverse party shall state thelegal ground for his objection to it, if any...
Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them,     it is...
Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them,     it is...
Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them,     it is...
Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them,     it is...
Will the Judicial Affidavit Rule applyto criminal actions?     Yes (1) where the maximum of theimposable penalty does not ...
Will the Judicial Affidavit Rule applyto criminal actions?     Yes (1) where the maximum of theimposable penalty does not ...
Will the Judicial Affidavit Rule applyto criminal actions?     Yes (1) where the maximum of theimposable penalty does not ...
Will the Judicial Affidavit Rule applyto criminal actions?     Yes (1) where the maximum of theimposable penalty does not ...
When will the parties in the criminalcase submit their judicial affidavits?     The prosecution shall submit thejudicial a...
When will the parties in the criminalcase submit their judicial affidavits?     The prosecution shall submit thejudicial a...
When will the parties in the criminalcase submit their judicial affidavits?     The prosecution shall submit thejudicial a...
When will the parties in the criminalcase submit their judicial affidavits?     The prosecution shall submit thejudicial a...
No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial.     If the accused desires to ...
No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial.     If the accused desires to ...
No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial.     If the accused desires to ...
No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial.     If the accused desires to ...
No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial.     If the accused desires to ...
No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial.     If the accused desires to ...
Because the prosecution lays all itsevidence on the table,    the accused can freely andreasonably make his choice of whet...
Because the prosecution lays all itsevidence on the table,    the accused can freely andreasonably make his choice of whet...
What are the effects of the failure ofa party to submit his judicial affidavits?     He shall be deemed to have waivedthei...
What are the effects of the failure ofa party to submit his judicial affidavits?     He shall be deemed to have waivedthei...
What are the effects of the failure ofa party to submit his judicial affidavits?     He shall be deemed to have waivedthei...
What are the effects of the failure ofa party to submit his judicial affidavits?     He shall be deemed to have waivedthei...
What are the effects of the failure ofa party to submit his judicial affidavits?     He shall be deemed to have waivedthei...
What are the effects of the failure ofa party to submit his judicial affidavits?     He shall be deemed to have waivedthei...
What are the effects of the failure ofa party to submit his judicial affidavits?     He shall be deemed to have waivedthei...
What are the effects of the absenceof the witness or of counsel at thescheduled hearing?     The court shall not consider ...
What are the effects of the absenceof the witness or of counsel at thescheduled hearing?     The court shall not consider ...
What are the effects of the absenceof the witness or of counsel at thescheduled hearing?     The court shall not consider ...
What are the effects of the absenceof the witness or of counsel at thescheduled hearing?     The court shall not consider ...
What is the effect of submittingjudicial affidavits     to the content requirements ofsection 3     and the attestation re...
What is the effect of submittingjudicial affidavits     that do not conform to contentrequirements?       and the attestat...
What is the effect of submittingjudicial affidavits     that do not conform to contentrequirements?     The court shall no...
What is the effect of submittingjudicial affidavits     that do not conform to contentrequirements?     The court shall no...
What is the effect of submittingjudicial affidavits     that do not conform to contentrequirements?     The court shall no...
the delay is for a valid reason,     and would not unduly prejudice theopposing party     and provided further, that publi...
the delay is for a valid reason,     would not unduly prejudice theopposing party,     and provided further, that public o...
the delay is for a valid reason,    would not unduly prejudice theopposing party,    and the public or private counselresp...
the delay is for a valid reason,    would not unduly prejudice theopposing party,    and the public or private counselresp...
the delay is for a valid reason,    would not unduly prejudice theopposing party,    and the public or private counselresp...
Will the Judicial Affidavit Rule applyto existing cases?    Yes.
Will the Judicial Affidavit Rule applyto existing cases?    Yes.
Will the Judicial Affidavit Rule applyto existing cases?    Yes.     Suppose the existing cases hadalready undergone pre-t...
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Justice Abad: Judicial Affidavit Slides
Upcoming SlideShare
Loading in...5
×

Justice Abad: Judicial Affidavit Slides

11,711

Published on

Justice Abad's slides on the new Judicial Affidavit Rule as presented at the IBP Social Hall in Cebu.

0 Comments
6 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
11,711
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
339
Comments
0
Likes
6
Embeds 0
No embeds

No notes for slide

Transcript of "Justice Abad: Judicial Affidavit Slides"

  1. 1. CREATING NEW SYSTEMS FOR HEARING AND DECIDING CASES WITHFAIRNESS AND DISPATCH
  2. 2. Would you know how many of ourpeople live in crowded cities?
  3. 3. 75% of our people live in crowdedcities.
  4. 4. With so many living in these cities,occasions for human conflict are inevitable.
  5. 5. Thus, courts in these cities aredrowning in cases. Many have 1,000 plus cases; some have 2,000 plus. Many courts hear 30 to 60 cases aday.
  6. 6. Thus, courts in these cities aredrowning in cases. Many have 1,000 plus cases; some have 2,000 plus. Many courts hear 30 to 60 cases aday.
  7. 7. Thus, courts in these cities aredrowning in cases. Many have 1,000 plus cases; some have 2,000 plus. Many courts hear 30 to 60 cases aday.
  8. 8. Thus, courts in these cities aredrowning in cases. Many have 1,000 plus cases; some have 2,000 plus. Many courts hear 30 to 60 cases aday.
  9. 9. Their courtrooms are full.
  10. 10. Parties have to wait outside to be called.
  11. 11. It takes 3 to 5 years, at times more,for cases to be heard and decided,
  12. 12. …inflicting a sense of hopelessness overthe justice system that you and I serve.
  13. 13. Because of case congestion, mosthearings are postponed almost under anypretext, prompting complainants in criminalcases to give up coming to court. As a result, 40 out of every 100persons accused of crimes walk free.
  14. 14. Because of case congestion, mosthearings are postponed almost under anypretext, prompting complainants in criminalcases to give up coming to court. As a result, 40 out of every 100persons accused of crimes walk free.
  15. 15. Because of case congestion, mosthearings are postponed almost under anypretext, prompting complainants in criminalcases to give up coming to court. As a result, 40 out of every 100persons accused of crimes walk free.
  16. 16. Because of case congestion, mosthearings are postponed almost under anypretext, prompting complainants in criminalcases to give up coming to court. As a result, 40 out of every 100persons accused of crimes walk free.
  17. 17. … Victims of crimes find no speedy justicein our courts.
  18. 18. Few foreign businessmen make long-term investments in our country because our courts cannot provideprotection to their investments.
  19. 19. Few foreign businessmen make long-term investments in our country because our courts cannot provideprotection to their investments.
  20. 20. Result: we do not attain economicgrowth; our people remain poor.
  21. 21. Result: we do not attain economicgrowth; our people remain poor.
  22. 22. Because people have lost trust in ourability to render justice, many have given up coming to courtwith their disputes. They either simply endure their pains or find “just“ solutions elsewhere. And when the justice system doesnot work as it should, law practice suffers.
  23. 23. Because people have lost trust in ourability to render justice, many have given up coming to courtwith their disputes. They either simply endure their pains or find “just“ solutions elsewhere. And when the justice system doesnot work as it should, law practice suffers.
  24. 24. Because people have lost trust in ourability to render justice, many have given up coming to courtwith their disputes. They either simply endure their pains or find “just“ solutions elsewhere. And when the justice system doesnot work as it should, law practice suffers.
  25. 25. or find “just“ solutions elsewhere. Email Article:
  26. 26. What causes these terrible delays inour justice system? There are many causes.
  27. 27. What causes these terrible delays inour justice system? There are many causes.
  28. 28. Our Courts are few.
  29. 29. Prosecutors andpublic attorneys arefew.
  30. 30. Recently, the Supreme Court hasintroduced a very significant systemschange. One of the major causes of delaysis our slow and cumbersome system for hearing the testimony ofwitnesses. The witness stand represents thebottleneck in the judicial machinery.
  31. 31. Recently, the Supreme Court hasintroduced a very significant systemschange. One of the major causes of delaysis our slow and cumbersome system for hearing the testimony ofwitnesses. The witness stand represents thebottleneck in the judicial machinery.
  32. 32. Recently, the Supreme Court hasintroduced a very significant systemschange. One of the major causes of delaysis our slow and cumbersome system for hearing and deciding cases. more specifically, our antiquatedsystem for taking the testimonies ofwitnesses and receiving documentary andobject evidence. Where precisely is the bottleneck inthe system?
  33. 33. Recently, the Supreme Court hasintroduced a very significant systemschange. One of the major causes of delaysis our slow and cumbersome system for hearing and deciding cases. Where precisely is the bottleneck inthis system?
  34. 34. The bottleneck is where this ladytells her story… the witness stand.
  35. 35. The bottleneck is where this ladytells her story… AT THE WITNESS STAND.
  36. 36. Why? Because courts can hear no morethan one witness at a time. Assuming there are just twowitnesses per case, 2,000 witnesses would be waiting tobe called in courts that have 1,000 casesin their dockets. If required to form a line outside thecourtroom, they would form a very long lineindeed.
  37. 37. Why? Because courts can hear no morethan one witness at a time. Assuming there are just twowitnesses per case, 2,000 witnesses would be waiting tobe called in courts that have 1,000 casesin their dockets. If required to form a line outside thecourtroom, they would form a very long lineindeed.
  38. 38. Why? Because courts can hear no morethan one witness at a time. If you have 1,000 cases in yourdockets and just two witnesses for eachcase, you would have 2,000 witnesseswaiting to be called. If required to wait outside thecourtroom,
  39. 39. Why? Because courts can hear no morethan one witness at a time. If you have 1,000 cases in yourdockets and just two witnesses for eachcase, you would have 2,000 witnesseswaiting to be called. If required to wait outside thecourtroom,
  40. 40. Why? Because courts can hear no morethan one witness at a time. If you have 1,000 cases in yourdockets and just two witnesses for eachcase, you would have 2,000 witnesseswaiting to be called. If required to wait outside thecourtroom,
  41. 41. Why? Because courts can hear no morethan one witness at a time. If you have 1,000 cases in yourdockets and just two witnesses for eachcase, you would have 2,000 witnesseswaiting to be called. If required to wait outside thecourtroom,
  42. 42. those 2,000 witnesses would form avery long line indeed.
  43. 43. those 2,000 witnesses would form avery long line indeed,with only three witnesses getting in on anordinary hearing day.
  44. 44. those 2,000 witnesses would form avery long line indeed,with only three witnesses able to get into testify in one day.
  45. 45. Why is our system for hearingwitnesses slow and cumbersome?
  46. 46. Why is our system for hearingwitnesses slow and cumbersome? For one thing, although about 90% ofwitnesses testifies in the local dialect, we require an interpreter to translatetheir testimonies into English.
  47. 47. Why is our system for hearingwitnesses slow and cumbersome? For one thing, although about 90% ofwitnesses testifies in the local dialect, our rules require an interpreter totranslate their testimonies into English.
  48. 48. Why is our system for hearingwitnesses slow and cumbersome? For one thing, although about 90% ofwitnesses testifies in the local dialect, our rules require an interpreter totranslate their testimonies into English. Since the trial takes place in twolanguages, the court has to hear the testimonyof every witness twice.
  49. 49. the court has to hear the testimonyof every witness twice.
  50. 50. How old is our system for hearing anddeciding cases?
  51. 51. How old is our system for hearing anddeciding cases? The Americans gave it to us over ahundred years ago.
  52. 52. It was unique to their history andculture, yet we adopted it and were taught inlaw schools that there is no right way to hear thetestimonies of witnesses except the American way.
  53. 53. It was unique to their history andculture, yet we adopted it and were taught inlaw schools that there is no right way to hear thetestimonies of witnesses except the American way.
  54. 54. It was unique to their history andculture, yet we adopted it and were taught inlaw schools that there is no right way to hear thetestimonies of witnesses except the American way.
  55. 55. It was unique to their history andculture, yet we adopted it and were taught inlaw schools that there is no right way to hear thetestimonies of witnesses except the American way.
  56. 56. The American system is adversarial.
  57. 57. The American system is adversarial. The lawyers in a way control theproceedings since they decide which witness thejudge will hear and what questions he will answer.
  58. 58. The American system is adversarial. The lawyers in a way control theproceedings since they decide what evidence thejudge will hear. and what questions he will answer.
  59. 59. The American system is adversarial. The lawyers in a way control theproceedings since they decide what evidence thejudge will hear.
  60. 60. Although he will decide the case, but he is doomed to sit back andlisten.
  61. 61. Although he will decide the case, the judge is doomed to sit back andlisten,
  62. 62. Although he will decide the case, the judge is doomed to sit back andlisten, allowed to ask only clarificatoryquestions of the witness.
  63. 63. The American system is alsodesigned for both jury and bench trials. Result: using their system, we have ashadow jury sitting in our courtroom.
  64. 64. The American system is alsodesigned for both jury and bench trials. In effect, it is as if we have a shadowjury sitting in our courtroom.
  65. 65. The American system is alsodesigned for both jury and bench trials. In effect, it is as if we have a shadowjury sitting in our courtroom.
  66. 66. Why? Because the rules we adoptedrequire our judge to pre-screens thequestions to prevent an unlearned jury fromhearing inadmissible answers. But this is pointless since the jury inour court is the judge himself. With his legal training andexperience, he has no difficulty disregardinginadmissible answers even after he hearsthem.
  67. 67. Why? Because our borrowed rules requireour judge to pre-screen the questions to prevent an unlearned jury fromhearing inadmissible answers. But this is pointless since the jury inour court is the judge himself. With his legal training andexperience, he has no difficulty disregardinginadmissible answers even after he hearsthem.
  68. 68. Why? Because our borrowed rules requireour judge to pre-screen the questions to prevent that non-existent jury fromhearing inadmissible answers.
  69. 69. But this pre-screening is pointlesssince the judge does not need to pre-screen thequestions for himself. With his legal training andexperience, he has no difficulty disregardinginadmissible answers even after he hearsthem.
  70. 70. But this pre-screening is pointlesssince the judge does not need to protect himself fromhearing inadmissible evidence. With his legal training andexperience, he has no difficulty disregardinginadmissible answers even after he hearsthem.
  71. 71. But this pre-screening is pointlesssince the judge does not need to protect himself fromhearing inadmissible evidence. With his training, he can easilydisregard them.
  72. 72. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z Following that system, our witnessestell their stories to the judge from beginning to end though healready knows from the record the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue.
  73. 73. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z Following that system, our witnessestell their stories to the judge from beginning to end though healready knows from the record the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue.
  74. 74. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z. Following that system, our witnessestell their stories to the judge from beginning to end though healready knows from the record the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue.
  75. 75. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z. But our judge already knows from therecord the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue.
  76. 76. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z. But our judge already knows from therecord the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue.
  77. 77. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z. But our judge already knows from therecord the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue.
  78. 78. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z. But our judge already knows from therecord the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue.
  79. 79. But Section 4 of Rule 132, which weborrowed from the Americans, requires the judge to endurebeginning-to-end stories that are plucked from the witnessmouth bit by bit through directexamination. This is a time consuming process.
  80. 80. But Section 4 of Rule 132, which weborrowed from the Americans, requires the judge to endurebeginning-to-end testimonies that are plucked from the witnessmouth bit by bit through directexamination. This is a time consuming process.
  81. 81. But Section 4 of Rule 132, which weborrowed from the Americans, requires the judge to endurebeginning-to-end testimonies that are plucked from the witnessmouth bit by bit through directexamination.++ This is a time consuming process.
  82. 82. Another cause of delay is the oftenindiscriminate objections to the questionsasked of the witness. ++
  83. 83. Theoretically, a lawyer objects toquestions asked of the witness to enable the judge to predetermineif the expected answers are inadmissiblein evidence. The judge must see to it thatinadmissible answers do not touch theears of the jury, lest these irreversibly influence themembers of the jury. But we have no jury, only a judge.
  84. 84. Theoretically, a lawyer objects toquestions asked of the witness So the judge could preventinadmissible answers from touching the ears of the jurors, lest such answers irreversiblyinfluence their thinking. But we have no jury, only a judge.
  85. 85. Theoretically, a lawyer objects toquestions asked of the witness So the judge could preventinadmissible answers from touching the ears of the jurors, lest such answers irreversiblyinfluence their thinking. But we have no jury, only a judge.
  86. 86. Theoretically, a lawyer objects toquestions asked of the witness So the judge could preventinadmissible answers from touching the ears of the jurors, lest such answers irreversiblyinfluence their thinking. But we have no jury, only a judge.
  87. 87. Theoretically, a lawyer objects toquestions asked of the witness So the judge could preventinadmissible answers from touching the ears of the jurors, lest such answers irreversiblyinfluence their thinking. But we have no jury, only a judge whois not irreversibly affected byinadmissible answers.
  88. 88. Another point of delay is the need toidentify,
  89. 89. Another point of delay is the need toidentify, mark, and authenticate the exhibits. The process is tedious and painfullytime consuming. ++
  90. 90. Another point of delay is the need toidentify, mark, and authenticate the exhibits. The process is tedious and painfullytime consuming.
  91. 91. Some courts, require pre-markings ofexhibits before the clerks of court but these personnel are often just asbusy as the judge. And even with such pre-markings, still, the witness will have to appearbefore the court, identify the documents, and authenticate them.
  92. 92. Some courts, require pre-markings ofexhibits before the clerks of court who are also busy. And even withsuch pre-markings, still, the witness will have to appearbefore the court, identify the documents, and authenticate them.
  93. 93. Some courts, require pre-markings ofexhibits before the clerks of court who are also busy. And even with such pre-markings, still, the witness will have to appearbefore the court, identify the documents, and authenticate them.
  94. 94. Some courts, require pre-markings ofexhibits before the clerks of court who are also busy. And even with such pre-markings, still, the witness will have to appearbefore the court,
  95. 95. Some courts, require pre-markings ofexhibits before the clerks of court who are also busy. And even with such pre-markings, still, the witness will have to appearbefore the court, identify the documents one by one, and authenticate them.
  96. 96. Some courts, require pre-markings ofexhibits before the clerks of court who are also busy. And even with such pre-markings, still, the witness will have to appearbefore the court, identify the documents one by one, and authenticate them.
  97. 97. In many courts in cities, the cases ontheir calendars often range from 30 to 50cases. Just calling the attendance takesfrom 8:30 to 10 a.m. since there are incidents likepostponements that must be acted on. This leaves only 2 hours for hearingthe cases that are ready. If 10 cases are ready, the judge givesthe parties in each case 12 minutes to present part of the testimony ofjust one witness.
  98. 98. In many courts in cities, the cases ontheir calendars often range from 30 to 50cases. Just calling the attendance takesfrom 8:30 to 10 a.m. since there are incidents likepostponements that must be acted on. This leaves only 2 hours for hearingthe cases that are ready. If 10 cases are ready, the judge givesthe parties in each case 12 minutes to present part of the testimony ofjust one witness.
  99. 99. In many courts in cities, the cases ontheir calendars often range from 30 to 50cases. Just calling the attendance takesfrom 8:30 to 10 a.m. This leaves only 2 hours for hearingthe cases that are ready. If 10 cases are ready, the judge givesthe parties in each case 12 minutes to present part of the testimony ofjust one witness.
  100. 100. If 10 cases are ready, the judge givesthe parties in each case 10 minutes to present part of the testimony ofjust one witness.
  101. 101. If 10 cases are ready, the judge givesthe parties in each case 10 minutes to present part of the testimony ofjust one witness.
  102. 102. With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness. Even after the direct examination hasbeen finished, It is usual for the adverse lawyer topostpone his cross examination on the ground that he needs time toprepare since: --he must first have the transcript ofstenographic notes of the directexamination, and --he needs to check the truth of thetestimony.
  103. 103. With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness. And, even after the directexamination has been finished, the adverse lawyer would usuallywant his cross examination deferred on the ground that he needs to waitfor the transcript to be finished.
  104. 104. With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness. And, even after the directexamination has been finished, the adverse lawyer would usuallywant his cross examination deferred on the ground that he needs to waitfor the transcript to be finished.
  105. 105. With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness. And, even after the directexamination has been finished, the adverse lawyer would usuallywant his cross examination deferred on the ground that he needs to waitfor the transcript to be finished.
  106. 106. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working.
  107. 107. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working.
  108. 108. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working.
  109. 109. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working.
  110. 110. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working.
  111. 111. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City. Result: hearings of cases have beencut by two-thirds in those courts. Why two-thirds? The testimony of a witness usuallyconsists of two-thirds direct and one-thirdcross.
  112. 112. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City. Result: hearings of cases have beencut by two-thirds in those courts. Why two-thirds? The testimony of a witness usuallyconsists of two-thirds direct and one-thirdcross.
  113. 113. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City. Result: hearings of cases have beencut by two-thirds in those courts. Why two-thirds? The testimony of a witness usuallyconsists of two-thirds direct and one-thirdcross.
  114. 114. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City. Result: hearings of cases have beencut by two-thirds in those courts. Why two-thirds? The testimony of a witness usuallyconsists of two-thirds direct examination
  115. 115. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City. Result: hearings of cases have beencut by two-thirds in those courts. Why two-thirds? The testimony of a witness usuallyconsists of two-thirds direct examination
  116. 116. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City. Result: hearings of cases have beencut by two-thirds in those courts. Why two-thirds? The testimony of a witness usuallyconsists of two-thirds direct examination and one-third cross examination.
  117. 117. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time. Can you imagine that?
  118. 118. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time. Can you imagine that?
  119. 119. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time. Can you imagine that?
  120. 120. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time.
  121. 121. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time.
  122. 122. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time.
  123. 123. Consequently, the Supreme Courtapproved the “Judicial Affidavit Rule” onSeptember 4, 2012.
  124. 124. What functions do judicial affidavitstake? 1. They take the place of thewitnesses’ direct testimonies; and 2. They shall attach and authenticatedocumentary or object evidence of theparties.
  125. 125. What functions do judicial affidavitstake? 1. They take the place of directtestimonies; and 2. They identify and authenticatedocumentary or object evidence of theparties.
  126. 126. What functions do judicial affidavitstake? 1. They take the place of directtestimonies; and 2. They identify and authenticatedocumentary or object evidence in thecase.
  127. 127. How and when are judicial affidavitsto be submitted? The parties shall file them with thecourt and serve copies on the adverseparty, personally or by licensed courierservice, not later than five days before pre-trial or preliminary conference or the scheduled hearing withrespect to motions and incidents
  128. 128. How and when are judicial affidavitsto be submitted? They are to be filed with the court and serve copies on the adverseparty, personally or by licensed courierservice, not later than five days before pre-trial or preliminary conference or the scheduled hearing withrespect to motions and incidents
  129. 129. How and when are judicial affidavitsto be submitted? They are to be filed with the court and copies served on the adverseparty, personally or by licensed courierservice, not later than five days before pre-trial or preliminary conference or the scheduled hearing withrespect to motions and incidents
  130. 130. How and when are judicial affidavitsto be submitted? They are to be filed with the court and copies served on the adverseparty, personally or by licensed courierservice, not later than five days before pre-trial or preliminary conference or the scheduled hearing withrespect to motions and incidents
  131. 131. How and when are judicial affidavitsto be submitted? They are to be filed with the court and copies served on the adverseparty, personally or by licensed courierservice, not later than five days before pre-trial or preliminary conference or the scheduled hearing withrespect to motions and incidents
  132. 132. How and when are judicial affidavitsto be submitted? They are to be filed with the court and copies served on the adverseparty, personally or by licensed courierservice, not later than five days before pre-trial or preliminary conference or the scheduled hearing withrespect to motions and incidents.
  133. 133. In what language will the judicialaffidavits be prepared? In the language known to the witness and, if not in English or Filipino, accompanied by a translation inEnglish or Filipino.
  134. 134. In what language will the judicialaffidavits be prepared? In the language known to the witness and, if not in English or Filipino, accompanied by a translation inEnglish or Filipino.
  135. 135. In what language will the judicialaffidavits be prepared? In the language known to the witness but, if this is not in English orFilipino, accompanied by a translation inEnglish or Filipino.
  136. 136. In what language will the judicialaffidavits be prepared? In the language known to the witness but, if this is not in English orFilipino, it is to be accompanied by atranslation in English or Filipino. What is the significance of this? We are now allowing testimonies tobe taken in the dialect provided they are subsequentlytranslated into English or Filipino.
  137. 137. In what language will the judicialaffidavits be prepared? In the language known to the witness but, if this is not in English orFilipino, it is to be accompanied by atranslation in English or Filipino. What is the significance of this? We are now allowing testimonies tobe taken in the dialect provided they are subsequentlytranslated into English or Filipino.
  138. 138. In what language will the judicialaffidavits be prepared? In the language known to the witness but, if this is not in English orFilipino, it is to be accompanied by atranslation in English or Filipino. What is the significance of this? We are now allowing testimonies tobe taken and kept in the dialect of theplace provided they are subsequentlytranslated into English or Filipino.
  139. 139. In what language will the judicialaffidavits be prepared? In the language known to the witness but, if this is not in English orFilipino, it is to be accompanied by atranslation in English or Filipino. What is the significance of this? We are now allowing testimonies tobe taken and kept in the dialect of theplace provided they are subsequentlytranslated into English or Filipino.
  140. 140. Testimonies will be quoted inpleadings in their original version with the English translation inparenthesis provided by the party, subject to counter translation byopposing side.
  141. 141. Testimonies will be quoted inpleadings in their original version with the English or Pilipinotranslation in parenthesis provided by theparty, subject to counter translation byopposing side.
  142. 142. Testimonies will be quoted inpleadings in their original version with the English or Pilipinotranslation in parenthesis provided by theparty, subject to counter translation byopposing side.
  143. 143. For example: When asked by the judge, Ramon said thatthe accused arrived in great haste. “Q. Nganong imo mang giingon nga gadali siJulio pag abot nya? (Why did you say that Julioarrived in haste?) “A. Kay gihangos man sya pag abot nya. Kasipo humihingal siya nang dumating.” (Because hewas breathing hard, Sir, when he arrived.)
  144. 144. For example: When asked by the judge, Ramon said thatthe accused arrived in great haste. “Q. Nganong imo mang giingon nga gadali siJulio pag abot nya? (Why did you say that Julioarrived in haste?) “A. Kay gihangos man sya pag abot nya. Kasipo humihingal siya nang dumating.” (Because hewas breathing hard, Sir, when he arrived.)
  145. 145. For example: When asked by the judge, Ramon said thatthe accused arrived in great haste. “Q. Nganong imo mang giingon nga gadali siJulio pag abot nya? (Why did you say that Julioarrived in haste?) “A. Kay gihangos man sya pag abot nya. Kasipo humihingal siya nang dumating.” (Because hewas breathing hard, Sir, when he arrived.)
  146. 146. For example: When asked by the judge, Ramon said thatthe accused arrived in great haste. “Q. Nganong imo mang giingon nga gadali siJulio pag abot nya? (Why did you say that Julioarrived in haste?) “A. Kay gihangos man sya pag abot nya.”(Because he was breathing hard, Sir, when hearrived.)
  147. 147. What will the judicial affidavitcontain? (a) The name, age, residence, orbusiness address, and occupation of thewitness; (b) The name and address of thelawyer who conducts or supervises theexamination of the witness and the place where the examinationis being held; and
  148. 148. What will the judicial affidavitcontain? (a) The personal circumstance of thewitness; (b) The identity of the lawyer whoconducts or supervises the examinationof the witness and the place where the examinationis being held; and
  149. 149. What will the judicial affidavitcontain? (a) The personal circumstance of thewitness; (b) The identity of the lawyer whoconducts or supervises the examinationof the witness and the place where the examinationis being held; and
  150. 150. What will the judicial affidavitcontain? (a) The personal circumstance of thewitness; (b) The identity of the lawyer whoconducts or supervises the examinationof the witness (c) the place where the examinationis being held; and (d) A statement that the witness isanswering the questions under oath,
  151. 151. What will the judicial affidavitcontain? (a) The personal circumstance of thewitness; (b) The identity of the lawyer whoconducts or supervises the examinationof the witness (c) the place where the examinationis being held; and (d) A statement that the witness isanswering the questions under oath
  152. 152. What will the judicial affidavitcontain? (a) The personal circumstance of thewitness; (b) The identity of the lawyer whoconducts or supervises the examinationof the witness (c) the place where the examinationis being held; and (d) A statement that the witness isanswering the questions under oath and that he may face criminal liabilityfor false testimony or perjury.
  153. 153. Like this … “PRELIMINARY STATEMENT “The person examining me is Atty.Julio C. Magno with address at 45 VicenteG. Cruz, Sampaloc, Manila. Theexamination is being held at the sameaddress. I am answering his questionsfully conscious that I do so under oath andmay face criminal liability for falsetestimony and perjury.”
  154. 154. Like this … “I, ELNORA S. SABUGO, of legal age,married, and living at 12 Camalig St.,Caloocan City, plaintiff in this case, stateunder oath as follows: “PRELIMINARY STATEMENT “The person examining me is Atty.Julio C. Magno with address at 45 VicenteG. Cruz, Sampaloc, Manila. Theexamination is being held at the sameaddress. I am answering his questionsfully conscious that I do so under oath andmay face criminal liability for falsetestimony and perjury.”
  155. 155. Then there is the affidavit proper thatcontains: (a) Questions asked of the witnessand his corresponding answers,consecutively numbered, that show the circumstances underwhich the witness acquired the facts uponwhich he testifies.
  156. 156. Then there is the affidavit proper thatcontains: (a) Numbered questions and answers; that show the circumstances underwhich the witness acquired the facts uponwhich he testifies.
  157. 157. Then there is the affidavit proper thatcontains: (a) Numbered questions and answers, showing personal knowledge of thefacts that the witness is testifying on.
  158. 158. Like this … Q1. Do you know Gerry T. Umali, thedefendant in this case? A1. Yes, sir. Q2. How did you know him? A2. He borrowed money from me
  159. 159. Like this … Q1. Do you know Gerry T. Umali, thedefendant in this case? A1. Yes, sir. Q2. How did you know him? A2. He asked me if he could borrowmoney from me, sir. Q3. Where did this happen? A.3. At my house in Caloocan City. Q4. When? A4. On May 22, 2011, sir.
  160. 160. (b) Questions and answers that elicitfacts relevant to the issues.Like this … Q3. When did he borrow money fromyou? A3. Sometime in April of 2008, heasked me if he could borrow P200,000.00for his family. Q4. What was your reply? A4. I agreed to lend him the money.. Q5. Was your transaction in writing? A5. Yes, sir. We executed a“Kasunduan” on April 16, 2008.
  161. 161. (b) Questions and answers that elicitfacts relevant to the issues.Like this … Q5. What was your response to hisrequest for loan from you? A5. I Agreed to lend him the moneyhe needed. Q.6. How much? A.6. He asked for P300,000.00. Q7. Was your transaction in writing? A7. Yes, sir. We executed a“Kasunduan” on April 16, 2008.
  162. 162. (c) Questions and answers thatidentify the attached documentary andobject evidence and establish their authenticity inaccordance with the Rules of Court.Like this … Q6: Where is this “Kasunduan” thatyou mentioned? A6: This is the one, sir (handing overa document). Q7: I am marking this “Kasunduan”as Exhibit A and the bracketed signatureabove the name Gerry Umali as Exh. A-1.
  163. 163. (c) Questions and answers thatidentify the attached documentary andobject evidence and establish their authenticity inaccordance with the Rules of Court.Like this … Q6: Where is this “Kasunduan” thatyou mentioned? A6: This is the one, sir (handing overa document). Q7: I am marking this “Kasunduan”as Exhibit A and the bracketed signatureabove the name Gerry Umali as Exh. A-1.
  164. 164. (c) Questions and answers thatidentify the attached documentary andobject evidence and establish their authenticity inaccordance with the Rules of Court.Like this … Q6: Where is this “Kasunduan” thatyou mentioned? A6: This is the one, sir (handing overa document). Q7: I am marking this “Kasunduan”as Exhibit A and the bracketed signatureabove the name Gerry Umali as Exh. A-1.
  165. 165. (c) Questions and answers thatidentify the attached documentary andobject evidence and establish their authenticity inaccordance with the Rules of Court.Like this … Q8: Where is this “Kasunduan” thatyou mentioned? A8: This is the one, sir (handing overa document). Q9: I am marking this “Kasunduan”as Exhibit A and the bracketed signatureabove the name Gerry Umali as Exh. A-1.
  166. 166. Do you know whose signature this is? A9: Yes, sir, that of Gerry Umali. Q10: How do you know? A10: I saw him sign it. Q11: I am marking the signatureabove the name Elnora Sabugo on thisdocument as Exh. A-2. Do you knowwhose signature this is? A11: Yes, sir, that is my signature. Q11: I am attaching Exhibit A to yourjudicial affidavit to form part of it. Do youconfirm my action? A11: Yes, sir.
  167. 167. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers.
  168. 168. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers.
  169. 169. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers.
  170. 170. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers.
  171. 171. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers.
  172. 172. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers.
  173. 173. Like this … I faithfully recorded the questions Iasked Ms. Sabugo and the correspondinganswers she gave me; and neither I norany other person then present coachedMs. Sabugo regarding her answers. JULIO C. MAGNO Affiant
  174. 174. What is the consequence of a falseattestation? It will subject the lawyer-examiner or the supervising lawyer todisciplinary action, including disbarment.
  175. 175. What is the consequence of a falseattestation? It will subject the lawyer-examiner or the supervising lawyer todisciplinary action, including disbarment.
  176. 176. What is the consequence of a falseattestation? It will subject the lawyer-examiner or the supervising lawyer todisciplinary action, including disbarment.
  177. 177. What is the consequence of a falseattestation? It will subject the lawyer-examiner or the supervising lawyer todisciplinary action, including disbarment.
  178. 178. Is this requirement unreasonable? No. Even without this requirement, it is the lawyer’s duty to record thequestions and answers faithfully and prevent coaching of the witness. It is fair since the attestation isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work?
  179. 179. Is this requirement unreasonable? No. 1. Even without this requirement, it is the lawyer’s duty to record thequestions and answers faithfully and prevent coaching of the witness. It is fair since the attestation isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work?
  180. 180. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. It is fair since the attestation isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work?
  181. 181. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. It is fair since the attestation isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work?
  182. 182. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. 2. The attestation is fair since it isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work?
  183. 183. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. 2. The attestation is fair since it isrequired of the opposing lawyer as well. 3. We need to trust the fidelity ofjudicial affidavit since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work?
  184. 184. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. 2. The attestation is fair since it isrequired of the opposing lawyer as well. 3. We need to trust the fidelity ofjudicial affidavit since it takes the placeof direct testimony in court. 4. What is wrong with requiringlawyers to assume responsibility for theiractions?
  185. 185. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness, who is neither the witness of theadverse party nor a hostile witness, unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court,
  186. 186. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness who is neither the witness of theadverse party nor a hostile witness, unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court,
  187. 187. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court,
  188. 188. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court,
  189. 189. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court,
  190. 190. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness, unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court, the requesting party may availhimself of the issuance of a subpoena adtestificandum
  191. 191. or duces tecum under Rule 21 of theRules of Court. The rules governing the issuance of asubpoena to the witness in this case shall be the same as when taking hisdeposition except that the taking of a judicialaffidavit shall be understood to be exparte.
  192. 192. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness
  193. 193. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness since he can be queried with leadingquestions as in cross.
  194. 194. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness since he can be queried with leadingquestions as in cross. The rules governing the issuance of asubpoena to the witness in this case shall be the same as when taking hisdeposition except that the taking of a judicialaffidavit shall be understood to be exparte.
  195. 195. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness since he can be queried with leadingquestions as in cross. The rules governing the issuance of asubpoena to the witness in this case shall be the same as when taking hisdeposition except that the taking of a judicialaffidavit shall be understood to be exparte.
  196. 196. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness since he can be queried with leadingquestions as in cross. The rules governing the issuance of asubpoena to the witness in this case shall be the same as when taking hisdeposition except that the taking of a judicialaffidavit shall be understood to be exparte.
  197. 197. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit? The rule requires the partypresenting the judicial affidavit of hiswitness to state at the start of thepresentation of the witness to state his purpose for presentingsuch testimony.
  198. 198. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit? The rule requires the partypresenting the judicial affidavit of hiswitness to state at the start of thepresentation of the witness to state his purpose for presentingsuch testimony.
  199. 199. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit? The rule requires the partypresenting the judicial affidavit of hiswitness to state at the start of thepresentation of the witness to state his purpose for presentingsuch testimony.
  200. 200. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit? The rule requires the partypresenting the judicial affidavit of hiswitness to state at the start of thepresentation of the witness to state his purpose for presentingsuch testimony.
  201. 201. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit? The rule requires the partypresenting the judicial affidavit of hiswitness to state at the start of thepresentation of the witness the party’s purpose for presentingsuch testimony.
  202. 202. The adverse party may then move todisqualify the witness or to strike out his affidavit or any of the answers found in it onground of inadmissibility. The court shall promptly rule on themotion and, if granted, shall cause themarking of any excluded answer by placing it in brackets under theinitials of an authorized court personnel.
  203. 203. The adverse party may then move todisqualify the witness or to strike out his affidavit or any of the answers found in it onground of inadmissibility. The court shall promptly rule on themotion and, if granted, shall cause themarking of any excluded answer by placing it in brackets under theinitials of an authorized court personnel.
  204. 204. The adverse party may then move todisqualify the witness or to strike out his affidavit or any of the answers found in it onground of inadmissibility. The court shall promptly rule on themotion and, if granted, shall cause themarking of any excluded answer by placing it in brackets under theinitials of an authorized court personnel.
  205. 205. The adverse party may then move todisqualify the witness or to strike out his affidavit or any of the answers found in it onground of inadmissibility.
  206. 206. The court shall promptly rule on themotion and, if granted, shall cause themarking of any excluded answer by placing it in brackets under theinitials of an authorized court personnel.
  207. 207. The court shall promptly rule on themotion and, if granted, shall cause theexclusion of the offending answer by placing it in brackets under theinitials of an authorized court personnel.
  208. 208. The court shall promptly rule on themotion and, if granted, shall cause theexclusion of the offending answer by placing it in brackets. Q1. Do you know Gerry T. Umali, the defendant in this case? A1. Yes, sir. Q2. How did you know him? A2. He asked me if he could borrow money from me, sir. [Q3. Do you know what he needed the money for? A.3. Yes, Sir. His brother told me that he had to pay for his son’s tuition fees.] MJC 5/2/10 Q4. When did he ask you if he could borrow money from you? A4. On May 22, 2011, sir.
  209. 209. Moreover, if cross examinationreveals an inadmissible testimony in thejudicial affidavit, the adverse party could of coursealso ask for its striking out. This is without prejudice to a tenderof excluded evidence under Section 40 ofRule 132 of the Rules of Court.
  210. 210. Moreover, if cross examinationreveals an inadmissible testimony in thejudicial affidavit, the adverse party could of coursealso ask for its striking out. This is without prejudice to a tenderof excluded evidence under Section 40 ofRule 132 of the Rules of Court.
  211. 211. Moreover, if cross examinationreveals an inadmissible testimony in thejudicial affidavit, the adverse party could of coursealso ask for its striking out. This is without prejudice to a tenderof excluded evidence under Section 40 ofRule 132 of the Rules of Court.
  212. 212. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct.
  213. 213. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct.
  214. 214. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct.
  215. 215. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct.
  216. 216. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct.
  217. 217. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct.
  218. 218. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the court shall takeactive part in examining the witness
  219. 219. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the court shall takeactive part in examining the witness
  220. 220. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the court shall takeactive part in examining the witness
  221. 221. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the court shall takeactive part in examining the witness
  222. 222. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the judge shall takeactive part in examining the witness.
  223. 223. He is not limited to askingclarificatory questions; he may also ask questions that willdetermine the credibility of the witness, ascertain the truth of his testimony, and elicit the answers that the judgeneeds for resolving the issues.
  224. 224. He is not limited to askingclarificatory questions; he may also ask questions that willdetermine the credibility of the witness, ascertain the truth of his testimony, and elicit the answers that the judgeneeds for resolving the issues.
  225. 225. He is not limited to askingclarificatory questions; he may also ask questions that willdetermine the credibility of the witness, ascertain the truth of his testimony, and elicit the answers that the judgeneeds for resolving the issues.
  226. 226. He is not limited to askingclarificatory questions; he may also ask questions that willdetermine the credibility of the witness, ascertain the truth of his testimony, and elicit the answers that the judgeneeds for resolving the issues.
  227. 227. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people,
  228. 228. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people,
  229. 229. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people,
  230. 230. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people,
  231. 231. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people,
  232. 232. might give undue importance to theanswers the judge elicits more than what those answersactually deserve. But we have no jury. Besides, a party is not preventedfrom objecting to questions from thejudge if they tend to elicit inadmissibleanswers. In any case, the answer comes notfrom the judge but from the witness. If the answer is admissible, suchanswer simply lends itself to the truth.
  233. 233. might give undue importance to theanswers the judge elicits more than what those answersactually deserve. But we have no jury. Besides, a party is not preventedfrom objecting to questions from thejudge if they tend to elicit inadmissibleanswers. In any case, the answer comes notfrom the judge but from the witness. If the answer is admissible, suchanswer simply lends itself to the truth.
  234. 234. might give undue importance to theanswers the judge elicits more than what those answersactually deserve. But we have no jury. Besides, a party is not preventedfrom objecting to questions from thejudge if they tend to elicit inadmissibleanswers. In any case, the answer comes notfrom the judge but from the witness. If the answer is admissible, suchanswer simply lends itself to the truth.
  235. 235. might give undue importance to theanswers the judge elicits more than what those answersactually deserve. But we have no jury. Besides, a party is not preventedfrom objecting to questions from thejudge if they tend to elicit inadmissibleanswers. In any case, the answer comes notfrom the judge but from the witness. If the answer is admissible, suchanswer simply lends itself to the truth.
  236. 236. might give undue importance to theanswers the judge elicits more than what those answersactually deserve. But we have no jury. Besides, a party is not preventedfrom objecting to questions from thejudge if they tend to elicit inadmissibleanswers. In any case, the answer comes notfrom the judge but from the witness. If the answer is admissible, suchanswer simply lends itself to the truth.
  237. 237. might give undue importance to theanswers the judge elicits more than what those answersactually deserve. But we have no jury. Besides, a party is not preventedfrom objecting to questions from thejudge if they tend to elicit inadmissibleanswers. In any case, the answer comes notfrom the judge but from the witness. If the answer is admissible, suchanswer simply lends itself to the truth.
  238. 238. might give undue importance to theanswers the judge elicits more than what those answersactually deserve. But we have no jury. Besides, a party is not preventedfrom objecting to questions from thejudge if they tend to elicit inadmissibleanswers. In any case, the answer comes notfrom the judge but from the witness. If the answer is admissible, suchanswer simply lends itself to the court’s search for truth.
  239. 239. might give undue importance to theanswers the judge elicits more than what those answersactually deserve. But we have no jury. Besides, a party is not preventedfrom objecting to questions from thejudge if they tend to elicit inadmissibleanswers. In any case, the answer comes notfrom the judge but from the witness. If the answer is admissible, suchanswer simply lends itself to the court’s search for truth.
  240. 240. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges.
  241. 241. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges.
  242. 242. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges.
  243. 243. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges.
  244. 244. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges.
  245. 245. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges.
  246. 246. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges.
  247. 247. How are the documentary and objectexhibits of the parties offered foradmission as evidence? Upon the termination of thetestimony of his last witness, a party shall immediately make anoral offer of evidence of his documentaryor object exhibits, piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit.
  248. 248. How are the documentary and objectexhibits of the parties offered foradmission as evidence? After terminating the testimony of hislast witness, a party shall immediately make anoral offer of evidence of his documentaryor object exhibits, piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit.
  249. 249. How are the documentary and objectexhibits of the parties offered foradmission as evidence? After terminating the testimony of hislast witness, a party shall immediately make anoral offer of evidence of his documentaryand object exhibits, piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit.
  250. 250. How are the documentary and objectexhibits of the parties offered foradmission as evidence? After terminating the testimony of hislast witness, a party shall immediately make anoral offer of evidence of his documentaryand object exhibits, piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit.
  251. 251. How are the documentary and objectexhibits of the parties offered foradmission as evidence? After terminating the testimony of hislast witness, a party shall immediately make anoral offer of evidence of his documentaryand object exhibits, piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit.
  252. 252. After each piece of exhibit is offered,
  253. 253. After each piece of exhibit is offered, the adverse party shall state thelegal ground for his objection to it, if any, and the court shall immediately makeits ruling respecting that exhibit.
  254. 254. After each piece of exhibit is offered, the adverse party shall state thelegal ground for his objection to it, if any, and the court shall immediately makeits ruling respecting that exhibit.
  255. 255. Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them, it is sufficient that such exhibits aresimply cited by their markings during the offers, the objections, andthe rulings, dispensing with the description ofeach exhibit.
  256. 256. Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them, it is sufficient that such exhibits aresimply cited by their markings during the offers, the objections, andthe rulings, dispensing with the description ofeach exhibit.
  257. 257. Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them, it is sufficient that such exhibits aresimply cited by their markings during the offers, the objections, andthe rulings, dispensing with the description ofeach exhibit.
  258. 258. Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them, it is sufficient that such exhibits aresimply cited by their markings during the offers, the objections, andthe rulings, dispensing with the description ofeach exhibit.
  259. 259. Will the Judicial Affidavit Rule applyto criminal actions? Yes (1) where the maximum of theimposable penalty does not exceed sixyears; (2) where the accused agrees to theuse of judicial affidavits, irrespective of the penalty involved;or (3) with respect to the civil aspect ofthe actions, whatever the penalties involved are.
  260. 260. Will the Judicial Affidavit Rule applyto criminal actions? Yes (1) where the maximum of theimposable penalty does not exceed sixyears; (2) where the accused agrees to theuse of judicial affidavits, irrespective of the penalty involved;or (3) with respect to the civil aspect ofthe actions, whatever the penalties involved are.
  261. 261. Will the Judicial Affidavit Rule applyto criminal actions? Yes (1) where the maximum of theimposable penalty does not exceed sixyears; (2) irrespective of the penaltyinvolved, where the accused agrees to theuse of judicial affidavits, irrespective of the penalty involved;or (3) with respect to the civil aspect ofthe actions, whatever the penalties involved are.
  262. 262. Will the Judicial Affidavit Rule applyto criminal actions? Yes (1) where the maximum of theimposable penalty does not exceed sixyears; (2) irrespective of the penaltyinvolved, where the accused agrees to theuse of judicial affidavits; (3) with respect to the civil aspect ofthe actions, whatever the penaltiesinvolved are.
  263. 263. When will the parties in the criminalcase submit their judicial affidavits? The prosecution shall submit thejudicial affidavits of its witnesses Not later than five days before thepre-trial, serving copies of the same upon theaccused. The complainant or public prosecutorshall attach to the affidavits such documentary or object evidenceas he may have, marking them as Exhibits A, B, C, andso on.
  264. 264. When will the parties in the criminalcase submit their judicial affidavits? The prosecution shall submit thejudicial affidavits of its witnesses Not later than five days before thepre-trial, serving copies of the same upon theaccused. The complainant or public prosecutorshall attach to the affidavits such documentary or object evidenceas he may have, marking them as Exhibits A, B, C, andso on.
  265. 265. When will the parties in the criminalcase submit their judicial affidavits? The prosecution shall submit thejudicial affidavits of its witnesses Not later than five days before thepre-trial, serving copies of the same upon theaccused. The complainant or public prosecutorshall attach to the affidavits such documentary or object evidenceas he may have, marking them as Exhibits A, B, C, andso on.
  266. 266. When will the parties in the criminalcase submit their judicial affidavits? The prosecution shall submit thejudicial affidavits of its witnesses Not later than five days before thepre-trial, serving copies of the same upon theaccused.
  267. 267. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors,
  268. 268. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors,
  269. 269. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors,
  270. 270. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors,
  271. 271. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors or keep his silence.
  272. 272. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors or keep his silence.
  273. 273. Because the prosecution lays all itsevidence on the table, the accused can freely andreasonably make his choice of whether toremain silent or not.
  274. 274. Because the prosecution lays all itsevidence on the table, the accused can freely andreasonably make his choice of whether toremain silent or not.
  275. 275. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance to submit them provided the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court.
  276. 276. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance to submit them provided the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court.
  277. 277. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court.
  278. 278. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance if the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court.
  279. 279. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance if the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court.
  280. 280. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance if the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court.
  281. 281. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance if the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court.
  282. 282. What are the effects of the absenceof the witness or of counsel at thescheduled hearing? The court shall not consider theaffidavit of any witness who fails to appear at the scheduledhearing of the case as required. Counsel who fails to appear withoutvalid cause despite notice shall be deemed to have waived hisclient’s right to confront by cross examination thewitnesses there present.
  283. 283. What are the effects of the absenceof the witness or of counsel at thescheduled hearing? The court shall not consider theaffidavit of any absent witness who fails to appear at the scheduledhearing of the case as required. Counsel who fails to appear withoutvalid cause despite notice shall be deemed to have waived hisclient’s right to confront by cross examination thewitnesses there present.
  284. 284. What are the effects of the absenceof the witness or of counsel at thescheduled hearing? The court shall not consider theaffidavit of any absent witness. Counsel who fails to appear withoutvalid cause shall be deemed to have waived hisclient’s right to confront by cross examination thewitnesses there present.
  285. 285. What are the effects of the absenceof the witness or of counsel at thescheduled hearing? The court shall not consider theaffidavit of any absent witness. Counsel who fails to appear withoutvalid cause shall be deemed to have waived hisclient’s right to cross examine.
  286. 286. What is the effect of submittingjudicial affidavits to the content requirements ofsection 3 and the attestation requirement ofsection 4? The court shall not admit as evidencesuch judicial affidavits. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided
  287. 287. What is the effect of submittingjudicial affidavits that do not conform to contentrequirements? and the attestationrequirement of section 4? The court shall not admit as evidencesuch judicial affidavits. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided
  288. 288. What is the effect of submittingjudicial affidavits that do not conform to contentrequirements? The court shall not admit them inevidence. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided
  289. 289. What is the effect of submittingjudicial affidavits that do not conform to contentrequirements? The court shall not admit them inevidence. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided
  290. 290. What is the effect of submittingjudicial affidavits that do not conform to contentrequirements? The court shall not admit them inevidence. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided
  291. 291. the delay is for a valid reason, and would not unduly prejudice theopposing party and provided further, that public orprivate counsel responsible for theirpreparation and submission pays a fine of not less than P1,000.00nor more than P5,000.00, at the discretion of the court
  292. 292. the delay is for a valid reason, would not unduly prejudice theopposing party, and provided further, that public orprivate counsel responsible for theirpreparation and submission pays a fine of not less than P1,000.00nor more than P5,000.00, at the discretion of the court
  293. 293. the delay is for a valid reason, would not unduly prejudice theopposing party, and the public or private counselresponsible for their preparation andsubmission pays a fine of not less than P1,000.00nor more than P5,000.00, at the discretion of the court
  294. 294. the delay is for a valid reason, would not unduly prejudice theopposing party, and the public or private counselresponsible for their preparation andsubmission pays a fine of not less than P1,000.00nor more than P5,000.00, at the discretion of the court
  295. 295. the delay is for a valid reason, would not unduly prejudice theopposing party, and the public or private counselresponsible for their preparation andsubmission pays a fine of not less than P1,000.00nor more than P5,000.00, at the discretion of the court
  296. 296. Will the Judicial Affidavit Rule applyto existing cases? Yes.
  297. 297. Will the Judicial Affidavit Rule applyto existing cases? Yes.
  298. 298. Will the Judicial Affidavit Rule applyto existing cases? Yes. Suppose the existing cases hadalready undergone pre-trial and just a few testimonies remain tobe heard, will the rule still apply? Yes. The remaining testimonies shall betreated as incidents to be heard by judicial affidavits.
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×