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Legal Form April 30

The document outlines the concept and components of affidavits and sworn statements, emphasizing their importance in legal proceedings. It details the roles of affiants and declarants, the structure of affidavits, and the Judicial Affidavit Rule in the Philippines, which allows for written testimonies to expedite court processes. It also specifies the requirements for judicial affidavits, including submission timelines, content, and implications of non-compliance.

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Romel Peralta
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9 views30 pages

Legal Form April 30

The document outlines the concept and components of affidavits and sworn statements, emphasizing their importance in legal proceedings. It details the roles of affiants and declarants, the structure of affidavits, and the Judicial Affidavit Rule in the Philippines, which allows for written testimonies to expedite court processes. It also specifies the requirements for judicial affidavits, including submission timelines, content, and implications of non-compliance.

Uploaded by

Romel Peralta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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TECHNICAL ENGLISH 2

(LEGAL FORMS)
Affidavit

AN AFFIDAVIT IS A WRITTEN STATEMENT FROM


AN INDIVIDUAL WHICH IS SWORN TO BE TRUE. IT
IS AN OATH THAT WHAT THE INDIVIDUAL IS
SAYING IS THE TRUTH. AN AFFIDAVIT IS USED
ALONG WITH WITNESS STATEMENTS TO PROVE
THE TRUTHFULNESS OF A CERTAIN STATEMENT IN
COURT.
Affidavit

Affiant is a person who is the author of an


affidavit, who swears to the truth and accuracy of
the statements made in the affidavit. The person
making the signed statement takes an oath that the
contents are true to the best of their knowledge.
Sworn Statement

A SWORN STATEMENT IS A WRITTEN STATEMENT


OF FACT RELATED TO A LEGAL PROCEEDING. IT IS
SIGNED BY THE DECLARANT TO STATE THAT ALL
THE CONTENT IS TRUE, AND THAT THEY
ACKNOWLEDGE THAT THE PENALTY OF PERJURY
MAY FOLLOW IF THEY DO NOT TELL THE TRUTH.
Sworn Statement

Declarant is a person who makes a statement they


allege to be true. Typically, such statements are written
and signed. A declarant is sometimes referred to as an
affiant if the declarant's statement takes the form of a
sworn affidavit.
Who can offer an Affidavit?

AN INDIVIDUAL CAN OFFER AN AFFIDAVIT, AS


LONG AS THEY HAVE THE MENTAL CAPACITY TO
UNDERSTAND THE SERIOUSNESS OF THE OATH.
THE CONTENTS OF AN AFFIDAVIT REFLECT THE
PERSONAL KNOWLEDGE OF THE INDIVIDUAL
MAKING THE STATEMENT.
Parts of an Affidavit

1. SS or scilicet- used especially on legal documents, as


an affidavit, pleading, etc., to verify the place of
action

*Place where document was prepared and subscribed to.


Parts of an Affidavit

2. Caption/Title
Parts of an Affidavit

3. Commencement: This is the beginning of the


document where the affiant or the person making the
affidavit is identified.
Parts of an Affidavit
Parts of an Affidavit

4. Averments: Also known as affirmations, these include


a list of all the claims that are being made by the affiant.
Parts of an Affidavit
Parts of an Affidavit

5. Statement of Fact or Truth: A statement of fact/truth


is what states that everything that is mentioned in the
affidavit is true. A statement of truth may be something
like this: I solemnly swear that the aforementioned are
true and correct to the best of my knowledge and belief.
Parts of an Affidavit
Parts of an Affidavit

6. Attestation Clause: This is the portion where the oath


made by the affiant is certified. It also consists of the
date

Jurat- is a sworn statement or certificate that is made by


a notary public or other legally authorized official to
verify the authenticity of a document. This type of
statement carries legal weight and can be used in a court
of law if necessary.
Parts of an Affidavit
Parts of an Affidavit
Parts of an Affidavit

7. Signatures: This is the last portion of the document


that includes the signature of the affiant, as well as that
of the witness(es).
APRIL 30, 2025
Judicial Affidavit

• a written sworn statement used in court proceedings


in place of direct oral testimony.

• It is typically prepared by a witness and contains their


personal knowledge relevant to the case.

• Judicial affidavits are used to speed up trials and reduce


the time spent on presenting witness testimonies in
court.
CLASSIFICATION OF JUDICIAL AFFIDAVIT
1. Judicial Affidavit of a Witness

•Purpose: To present the testimony of a witness in a case without


requiring full oral testimony.
•Who files: A witness (civilian, expert, or otherwise) for either the
prosecution or defense.
•Common in: Criminal, civil, and administrative cases.

2. Judicial Affidavit of the Accused

Purpose: The accused testifies in his/her own defense via affidavit


instead of oral direct testimony.
Includes: Details of the incident, denial or explanation of the
accusation, and any defense evidence.
CLASSIFICATION OF JUDICIAL AFFIDAVIT
3. Judicial Affidavit of the Complainant

Purpose: When the complainant or victim narrates the facts of the


incident and provides documentary or object evidence.
Common in: Criminal cases, especially for crimes involving private
complainants (e.g., theft, estafa, violence against women).

4. Judicial Affidavit of an Expert Witness

Purpose: Used when an expert (e.g., doctor, forensic chemist,


engineer) gives technical or specialized opinions.
Includes: Qualifications of the expert and their findings or conclusions.
CLASSIFICATION OF JUDICIAL AFFIDAVIT
5. Judicial Affidavit of a Law Enforcement Officer

Purpose: To present the testimony of a police officer or investigator


involved in arrest, investigation, or evidence gathering.
Common in: Drug cases, illegal possession, or other crimes involving
operations.
JUDICIAL AFFIDAVIT RULE
BACKGROUND

In order to expedite court proceedings, the Supreme Court (SC)


decided to do away with old-school litigation by crafting the Judicial
Affidavit Rule (A.M. 12-8-8- SC). Effective January 1, 2013, all direct
examinations should be in the form of a judicial affidavit. The rule shall
apply to all actions, proceedings and incidents requiring the reception
of evidence before all courts and quasi-judicial bodies.
JUDICIAL AFFIDAVIT RULE

The Judicial Affidavit Rule is a legal rule in the Philippines that


allows witnesses to present their testimonies in written form (judicial
affidavits) instead of giving oral direct testimony in court. It was
enacted to speed up court proceedings and reduce trial time.
SUMMARY OF THE RULES UNDER THE JAR
1. Scope and Application (Section 1)

• Applies to all actions, proceedings, and incidents where direct


testimonies are required.
• Covers civil cases, criminal cases, and quasi-judicial
proceedings.

2. Submission of Judicial Affidavits (Section 2)

• Parties must file and serve judicial affidavits of their witnesses


not later than five (5) days before pre-trial or hearing.
SUMMARY OF THE RULES UNDER THE JAR
3. Contents of a Judicial Affidavit (Section 3)

Each judicial affidavit must contain:


• Full name, age, address, and occupation of the witness.
• Name and address of the examining lawyer.
• A statement that the witness is testifying under oath.
• A question-and-answer format presenting relevant facts and
personal knowledge.
• Signature of the witness and the examining lawyer.
• Jurat (notarized or sworn statement).
• Supporting documents, marked and attached as annexes.
SUMMARY OF THE RULES UNDER THE JAR
4. Language and Translation (Section 4)

• A judicial affidavit shall be prepared in the language known to the


witness and, if not in English or Filipino, accompanied by a
translation in English or Filipino.

5. Subpoena for Uncooperative Witnesses (Section 5)

• If a witness refuses to execute a judicial affidavit, a party may ask the court
to issue a subpoena.
SUMMARY OF THE RULES UNDER THE JAR
6. Use of the Judicial Affidavit at Trial (Section 6)
• The affidavit takes the place of the direct examination of the
witness.
• The opposing counsel can conduct cross-examination in court.

7. Offer of Evidence (Section 7)


• Evidence referred to in the affidavit must be formally offered during the
hearing, following standard rules.

8. Objections to Testimony (Section 8)


• Objections must be raised at the appropriate time during trial (e.g., on
cross or upon formal offer)
SUMMARY OF THE RULES UNDER THE JAR
9. Criminal Cases (Section 9)

• Applies to criminal cases where the maximum penalty is less than 6


years.
• In more serious cases, it can apply with the consent of the
accused.

10. Effect of Non-Compliance (Section 10)

Failure to submit the affidavit on time can lead to:


• Waiver of the witness’s testimony
• Dismissal of the case or claim/defense
• Sanctions on lawyers or parties

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