“The judicial affidavit rule is expected to advance and further
strengthen the criminal justice system, increase judicial efficiency
and access to justice,” said Police Chief Superintendent Elmer Ragadio
Soria, Eastern Visayas police director.
Soria added that the new rule is of great help to Police Regional
Office 8’s anti-crime drive as the time that policemen normally spend
at the witness stand would be used instead in police visibility and in
busting criminal elements.
“Every unnecessary hearing or postponement of a hearing involving the
testimony of our police witnesses gives more time to criminals to
terrorize our streets and less time for policemen to prepare and
arrest them,” the Regional Director said during the Closing Ceremony
of the Orientation Seminar on Judicial Affidavit Rule held at PRO8’s
Matapat Hall this afternoon.
The seminar was spearheaded
by the Department of Justice with prosecutors from the Office of the
City Prosecution led by Fiscal Ruperto B. Golong, Jr. as Lecturers and
was participated in by a total of 469 investigators and Women and
Children Protection Desk personnel from police stations and agents of
the Philippine Drug Enforcement Agency.
The “Judicial Affidavit
Rule” is contained in Supreme Court Administrative Matter No.
12-8-8-SC and will take effect on Jan. 1, 2013. It is aimed at
speeding up the hearing and adjudication of cases by reducing the
period of presenting evidence in courts.
Under the approved rule,
lawyers and prosecutors can directly cross-examine witnesses since
their affidavits will be submitted in court before the start of the
hearing. Witnesses no longer have to repeat what they stated in their
written testimony, thus shortening the period of the proceedings.
“This will do away with the
lengthy direct testimony of witnesses and trial time may be cut by up
to 50%,” the Regional Director informed.
The new rule requires the
submission of judicial affidavits and exhibits in lieu of direct
testimony not later than five days before pre-trial or preliminary
conference or prior to scheduled hearings of motions and incidents.
The judicial affidavits,
signed by witnesses, must include documentary evidence, the name of
witness, the name of the lawyer who took the testimony, a statement
that the witness was answering questions conscious that he is under
oath and that he may be held criminally liable for false testimony or
perjury.
An attestation is to be done
by a lawyer who conducted and supervised the examination of a witness
and the opposing party has a right to cross-examine the witness who
executed judicial affidavit.
The said rule is applicable
to criminal cases when the maximum imposable penalty does not exceed
six years, when the accused agrees to use of judicial affidavit
irrespective of the penalty involved, and with respect to the civil
aspect of the actions whatever the penalties involved.
During the ceremony, Soria
also lauded the partnership between the Law Enforcement and the
Prosecution Pillar of the Criminal Justice System.
“This is an important
collaboration and re-invigorates our respective roles in the
investigation, prosecution, dispensation and realization of justice.
This will give our people a feeling of great sense of justice and
security,” Soria disclosed.
