CONTENTS

Loading...

-

CONTENTS PART I Preliminary

Chapter

Is the judicial affidavit rule a legislative act by Congress?..... When was the judicial affidavit rule promulgated?

1

When was the effectivity of this rule? What are the reasons why the judicial affidavit rule was issued and promulgated by the Supreme Court? Enumerate the caseswhere the judicial affidavit rule appIy........... Is the judicial affidavit rule applicable in casesfalling under the rules on summary proceedings in civil cases? Is the judicial affidavit rule applicable in casesfalling under the Rules of Procedure for Environmental Cases(A.M. No. 09-6-08-SC)?

2

Does the RuIe apply to casesrequiring reception of evidence?......... What is trial for purposesof receptionof evidence?.........

1

4 4

What is the order of trial in civil casesthat requires 4 submissionof judicial affidavit? What is the order in the examinationof a witness?.................D When must the parties file the judicial affidavits and c exhibits in lieu of direct testimonies?........ What must be submitted by the parties in court? What must be done should a party desire to keep the original?....... Is the efficient use of Paper Rule (A.M. No. 11-9-4-SC, effective January 1, 2013) applicable in case of judicial affidavit?.............

6

What are the format and style of the judicial affidavit in compliance with the efficient use of Paper Rule? What are the margins and prints of the judicial affidavit in compliance with the efficient use of Paper Rule? How many copies of the judicial affidavit shall be filed in court in compliance with the efficient use of Paper RuIe? What is the rule on service of annexes to the adverse party in compliance with the efficient use of Paper Rule?..... In what languagesmay a judicial affidavit be written?........... What requirement is needed if a judicial affidavit is prepared in the language known to the witness other than English or Filipino?........... What must a judicial affidavit contain?............. Must a judicial affidavit contain an attestation? Who must execute the attestation? What must an attestation clause contain? Sample copy of the attestation in a judicial affidavit............... What is the consequenceif there is a false attestation?.......... What may a party do if the government employee or official unjustifiably declines to execute a judicial affidavit?............. Sample form of judicial affidavit in Collection of Sum of Money Sample form of judicial affidavit in a Probate of the Will ....... Sample form ofjudicial affrdavit in a Petition for Declaration of Nullity of Marriage ........

On the othe How can th questi judicia

9 I

9 9 10 10 10 11 11

L2 13 25 34

PART II Offer and Objections to Testimony Judicial Affidavit

in

What must the party presenting the judicial affidavit do?...... 47 Why is there a need to offer the testimony of the witness?..... 4L When to make an offer of testimony........ 4L Evidence must be formally offered, otherwise it has no probativevalue............ 42 Sample of oral offer of testimony ........

43

When to mi When to mi What are tl under Some point, the jur

If a motion What is the How is the What is the if his r by the How is tent How is the judicie

What is the docum posse termtr Can the co the '*r How is the Sample fon How shall t an or€ Sample for: offer c Must the d be ind

To what cr Will the ru excee

On the other hand, what can the adverse party move? How can the counsel for the opponent object on the questions and the answers contained in the judicial affidavit?............. When to make objections............ When to make objection on the admissibility of evidence What are the possible grounds for objections under the rules?............ Some pointers in making the proper objections in the judicial affidayit.......... If a motion is raised, what must the court do?......... What is the consequenceif a motion is granted?........... How is the marking of any excludedanswer done?..... What is the remedy of the proponent of the witness if his answers or evidence were excluded by the court? How is tender of excluded evidencebeing made? How is the examination of the witness on his judicial affidavit made?.... What is the remedy of the cross-examinerif there are documents testified to by the witness but not in his possessionon such time and the testimony shall be terminated under the "one
43

43 43 44 44 45 49 49 49

49 50 50

51 51 51 52 52 52 53

PART III Judicial

Affidavit

in Criminal

Actions

To what criminal actions is the rule applicable? Will the rule apply even if the maximum penalty exceedssix vears?.............

54 54

When must the prosecutionsubmit judicial affidavits?........... Is the judicial affidavit rule applicable in casesfalling under the Rules on Summary Proceedingsin criminal cases? What is the order of trial in criminal caseswhich requiresjudicial affidavit?............. Can the prosecution submit judicial affidavits 56 during the trial? ............ When must the accusedsubmit its judicial affidavit?.............. 56 What are the effects of non-compliancewith the judicial affidavit rule? May the court allow late submission of judicial 57 affidavits?........... What are the consequencesif a counsel fails to appear 57 during trial?...... May the court allow the subsequent submission of the compliant replacement? What is the rule if the provisions of the Rules of Court are inconsistent with the provisions of this rule? What is OCA Circular No. 146-2012(December27,2012)?..... Did the Supreme Court act upon the request of the Prosecutors' League of the Philippines to suspend the Rule in Criminal Prosecutions? For the purpose of complyrng with the rule, what must the attending prosecutors do? Will the modified compliance apply to a private prosecutor?......... What is the duty of the private prosecutor?......... What is the expectation of the court on the one-year modifiedcomplianceperiod?............. In all other cases,is there any proyision of the judicial affidavit rule that is modified or changed? Will the judicial affidavit rule apply in case of a child witness? What about Rules of Procedure in quasi-judicial bodies? Sample form of judicial affidavit in criminal case for violationof B.P. 22.......... Appendix - Judicial Affidavit Rule (A.M. No. 12-8-8-SC) xll

bt

58 58

T

1) N_ Aq

the und It s

59 59 59 60 60 60 60 61

2) gE Mt

61 67

4,2

Loading...

CONTENTS

- CONTENTS PART I Preliminary Chapter Is the judicial affidavit rule a legislative act by Congress?..... When was the judicial affidavit rule promu...

266KB Sizes 26 Downloads 8 Views

Recommend Documents

Contents
Using the Statement of Cash Flows in Decision Making … 22 ... Assess Your Progress Short Exercises (40), Exercises (42

Contents
JAMAICA KINCAID. On Seeing England for the First Time 386. JAMAICA KINCAID. The Ugly Tourist 398. MARTIN LUTHER KING, JR

Contents
Mar 30, 2015 - over the years, sales in copper wire have steadily increased, retaining its advantage because of appropri

Contents
... GDP ≥ 110 mg/dl, tekanan darah minimal 130/85 mmHg, trigliserida tinggi ≥150 mg/dl, kolesterol HDL rendah

Contents
Apr 14, 2009 - Challenges. The future. Present simple for timetables. Present continuous for personal arrangements going

Contents
Gilliam Asperger Disorder Scale (GADS). Gilliam Autism Rating Scale-Second Edition (GARS-2). Infant Behavioral Summarize

Contents
RALPH WALDO EMERSON. Nature 154. E.M. FORSTER. What I Believe 158. ELLEN GOODMAN. The Company Man 168. MARY GORDON. More

Contents
Thematic Table of Contents. Life's Changes. "The PerfectPicture"byJamesAlexanderThom 434. "Sound and Fury" by Dan Greenb

Contents
convergence with Mexico's growth objectives, seeing. 'investment in the human capital of the poor as ... indigenous Mexi

CONTENTS
0 Evelyn M. Wills. Myra Estrin Levine: The Conservation Model 160. Barbara M. Artinian: The Intersystem Model 164. Helen