Escolar Documentos
Profissional Documentos
Cultura Documentos
by
MAURICIO C. ULEP*
___________________
* Former Associate Dean, UE College of Law; Professor of Law; Author of Law Books; former
President, IBP Manila Chapter III.
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12. Beneft and advantage of the Judicial Afdavit Rule, p. 584
13. Afdavit defned, p. 584
14. Nature of an Afdavit, p. 584
15. The fling of Afdavit of complainant and witnesses is mandatory
under the Rules on Summary Procedure, p. 586
16. An Afdavit is an infrm specie of evidence, p. 586
17. If an afdavit is inconsistent with a testimony, the latter shall
prevail. Reasons, p. 586
18. Inconsistencies between the afdavit and a testimony does not
necessarily discredit a witness if it relates to minor matters, p. 587
19. Afdavits are subordinated in importance to open court
declarations. General rule and exceptions,
p. 588
20. An afdavit may be scanty in details but it may admitted if it will
be testifed on by the afant, p. 590
21. Afdavits in question and answer form prepared by police ofcers
are usually not complete, p. 590
22. Afdavits are not considered the best evidence if the afants are
available, p. 591
23. If the afant is not presented, the afdavit is classifed as hearsay.
Reasons, p. 591
24. The rule that an Afdavit is considered hearsay is not applicable in
labor cases. Reason, p. 592
25. Efect if an accused is convicted based only on an Afdavit of a
witness, p. 592
26. Mere afdavits are not sufcient to grant bail, p. 592
27. Afdavit of disinterested persons in order to prove birth is not an
adequate proof, p. 593
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578 SUPREME COURT REPORTS ANNOTATED
THE JUDICIAL AFFIDAVIT RULE IN RELATIONTO
AFFIDAVITS TAKEN EX PARTE
28. An extrajudicial statement or afdavit is infrm and unreliable, p.
593
29. Afdavits cannot be relied upon to annul a winning candidates
proclamation in election cases, p. 593
30. An Afdavit is not a mode of acquiring ownership of a land, p. 594
31. Mere Afdavit is not sufcient for the issuance of a search warrant,
p. 594
32. An afdavit of a co-accused who was subsequently acquitted may
be a basis for new trial, p. 594
33. An afdavit is not sufcient to prove fliation, p. 595
34. An afdavit of pardon is not credible if it is not understood by the
complainant, p. 595
35. Omission of certain particulars in an afdavit will not estop an
afant from making an elaboration, p. 595
36. Procedural aspect, p. 595
___________________
There are four main reasons for the enactment of the Judicial Affidavit Rule. This
is found in its whereas clauses, to wit:
1. Case congestion and delays plague most courts in cities and the slow and
cumbersome adversarial system;
2. Forty percent (40%) of criminal cases are dismissed annually owing to the fact
that complainants simply give up coming to court after repeated postponements;
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3. Few foreign businessmen make long-term investments in the Philippines
because its courts are unable to provide ample and speedy protection to their
investments, keeping its people poor; and
4. To reduce the time needed for completing the testimonies of witnesses in cases
under litigation. (A.M. No. 12-8-8-SC dated September 4, 2012)
31. Mere Afdavit is not sufcient for the issuance of a search warrant
Mere affidavit of the complainant and his witnesses is not sufficient for the
issuance of a search warrant. The examining judge has to take depositions in
writing of the complainant and the witnesses he may produce and to attach them to
the record. Such written deposition is necessary in order that the Judge may be able
to properly determine the existence or nonexistence of probable cause and to hold
liable for perjury the person giving it if it will be found later that his declarations
are false. (People v. Mamaril, 420 SCRA 662 [2004])