LEGAL FORMS - CIVIL PROCEDURE

BODY
RECURRING PARTS OF
The body of the pleading sets forth its
LEGAL DOCUMENTS designation, the allegations of the party's
claims or defenses, the relief prayed for, and
CAPTION the date of the pleading
The caption sets forth the name of the court,
the title of the action, and the docket ATTY’S DETAILS
number if assigned. (Sec. 1 (par. 1) , Rule 7) Every pleading must be signed by the party
or counsel representing him, stating in either
REPUBLIC OF THE PHILIPPINES case his address which should not be a post
NATIONAL CAPITAL JUDICIAL REGION
office box. (Sec. 3, Rule 7)
METROPOLITAN TRIAL COURT OF MANILA
Branch 12, Manila (Sgd.)
——- Name of Counsel
REPUBLIC OF THE PHILIPPINES Counsel for the Defendant/Plaintiff
SECOND JUDICIAL REGION Address
MUNICIPAL TRIAL COURT Email
Branch 8, Batangas City, Roll No. __________
——- IBP OR No. ________, issued on ________ at ________ .
REPUBLIC OF THE PHILIPPINES PTR OR No. __________, issued on _______ at ________.
NATIONAL CAPITAL JUDICIAL REGION MCLE Compliance No. _____; issued on ____ at _____ .
REGIONAL TRIAL COURT
Branch 12 ,Manila
——- JURAT
REPUBLIC OF THE PHILIPPINES
(Sgd.) Notary Public
COURT OF APPEALS
Notary Public for the Province/City of
Manila
_____________ .
——-
Address____________________
REPUBLIC OF THE PHILIPPINES
Appointment No. ___ Until________.
SUPREME COURT
Roll of Attorney No _______
Manila
IBP OR No. ________, issued on ________ at ________ .
PTR OR No. __________, issued on _______ at ________.
MCLE Compliance No. _____; issued on ____ at _____
TITLE
The title of the action indicates the names of
the parties. They shall all be named in the Doc No. ____;
original complaint. ((Sec. 1 (par. 2) , Rule 7) Page No. ____;
• For cases filed before the trial courts: Book No. ____;
Series of 20__.
BITOY VALENZUELA
Plaintiff,
PROOF OF SERVICE
-versus- •If Personal service was made:
*Civil Case No. ______
For: A Sum of Money Copy furnished through personal service:

PAOLO ONTI, RECEIVED COPY this _____ day of ________, 2007.

Defendant.
X-------------------------------x Name of Counsel
Counsel for the (adverse party)
• For cases filed before the SC: instead of Address
Civil Case No. _____, use GR No. _________
• For cases filed before the CA: use CA-GR
•If service by registered mail
No. ________
Name of Counsel
Counsel for Plaintiff / Defendant (Adverse party)
Address

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LEGAL FORMS - CIVIL PROCEDURE

• If service by registered mail

Registry Receipt No. ______
Post Office ___________ Name of Counsel
Date ________________ Counsel for Plaintiff / Defendant (Adverse party)
Address
Registry Receipt No. ______
NOTICE AND REQUEST FOR HEARING Post Office ___________
Date ________________
(ONLY FOR CASES FILED BEFORE TRIAL
COURTS)
• A NOTICE OF HEARING is a notice to the NOTICE OF SUBMISSION AND COPIES
opposing counsel of the hearing date FURNISHED (ONLY FOR CASES FILED
requested. BEFORE CA AND SC)
• A REQUEST FOR HEARING is a request for
Name of Counsel
the Branch Clerk of Court to include the Counsel for (adverse party)
motion in the calendar for hearing on a Address
specific date. I
• A non-litigious motions or ex parte Branch Clerk of Court
motions, it is sufficient that there be Regional Trial Court of _____, Branch _____
Notice to opposing counsel stating that City
"counsel will submit the motion to the
Sir/Maam:
court for approval and consideration
immediately upon receipt.” Please be advised that the undersigned will submit
the foregoing _____________ for the consideration
Notice of Hearing and Copies Furnished:
and approval of this Honorable Court immediately
Name of Counsel [BY REGISTERED MAIL] upon its receipt thereof.
Counsel for _(adverse party)_
Address
Signature of Counsel
Branch Clerk of Court [BY REGISTERED MAIL]
Regional Trial Court of ____, Branch ____
City COPY FURNISHED
Name of Counsel [BY REGISTERED MAIL]
Sir / Ma’am:
Counsel for (adverse party)
Address
Please be informed that the undersigned will
submit the foregoing Motion to Dismiss for the
consideration and approval of the Honorable
Court on ___________ at _______ am/pm or soon EXPLANATION (WHEN SERVICE MADE
thereafter as counsel may be heard. BY MAIL)
What is explained is the failure to
Signature of Counsel serve personally
EXPLANATION

PROOF OF SERVICE Copy of the foregoing complaint was served

• If Personal service was made: upon defendant’s counsel by registered mail,
Copy furnished through personal service: personal service not being practicable at the
present time, due to the messengerial constraints.
RECEIVED COPY this _____ day of ________, 2007.
Signed by Counsel

Name of Counsel
Counsel for the (adverse party)
Address

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LEGAL FORMS - CIVIL PROCEDURE
PLEADINGS - IN GENERAL
What is a pleading?
Pleading is a written statement of the
respective claims and defenses of the
parties submitted to the court for
appropriate judgment. (Sec. 1, Rule 6)
Pleadings Allowed by the Rules of Court
1. Complaint
2. Answer
3. Counterclaim
4. Cross-Claim
5. Third (fourth, etc.) -party complaint
6. Complaint-in-intervention
7. Reply
Parts of a Pleading
CBAVCafs - J
1. Caption
2. Body & Relief
3. Attorney’s Details
4. Verification
5. Certification Against Forum Shopping
6. Jurat
Specifications of the Body of the Pleading
The body of the pleading sets forth its
designation, the allegations of the party's
claims or defenses, the relief prayed for,
and the date of the pleading.
(a) Paragraphs. — The allegations in the
body of a pleading shall be divided
into paragraphs so numbered to be
readily identified, each of which shall
contain a statement of a single set of
circumstances so far as that can be
done with convenience. A paragraph
may be referred to by its number in all
succeeding pleadings.
(b) Headings. — When two or more
causes of action are joined the
statement of the first shall be
prefaced by the words "first cause of
action,'' of the second by "second
cause of action", and so on for the
others.
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(c) Relief. — The pleading shall specify
the relief sought, but it may add a
general prayer for such further or
other relief as may be deemed just or
equitable.
(d) Date. — Every pleading shall be
dated. (Sec. 2, Rule 7)
COMPLAINTS AS PLEADINGS
What is a complaint?
Complaint is the pleading alleging the
plaintiff's cause or causes of action. (Sec.
3, Rule 6)
What is the purpose of a complaint?
A civil action is commenced by the filing
of the original complaint in court. (Sec. 6,
Rule 1, ROC)
Who may file a complaint?
A. Plaintiff
B. Defending Party
Third, (fourth, etc.)—party complaint.
is a claim that a defending party
may, with leave of court, file against
a person not a party to the action,
called the third (fourth, etc.) — party
defendant for contribution,
indemnity, subrogation or any other
relief, in respect of his opponent's
claim. (Sec. 11, Rule 6)
C. Intervenor
• A person who has a legal interest in
the matter in litigation, or in the
success of either of the parties, or an
interest against both, or is so situated
as to be adversely affected by a
distribution or other disposition of
property in the custody of the court
or of an officer thereof may, with
leave of court, be allowed to
intervene in the action. (Sec . 1, Rule
19)
• Pleadings-in-intervention. — The
intervenor shall file a complaint-in-
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LEGAL FORMS - CIVIL PROCEDURE
intervention if he asserts a claim
against either or all of the original
parties, or an answer-in-intervention if
he unites with the defending party in
resisting a claim against the latter.
(Sec. 3, Rule 19)
Nature of a Complaint
Every pleading shall contain in a
methodical and logical form, a plain,
concise and direct statement of the
ultimate facts on which the party
pleading relies for his claim or defense, as
the case may be, omitting the statement
of mere evidentiary facts. (sec. 1 (par. 1),
Rule 8)
Verification
• A pleading is verified by an affidavit
that the affiant has read the pleading
and that the allegations therein are true
and correct of his knowledge and
belief. (Sec. 4 (par. 2), Rule 7
• General Rule: Verification is not
required.
Exception: ROC requires that the
following be verified under oath:
a. All complaints or initiatory
pleadings asserting claims for
relief, including permissive
counterclaims;
b. All complaints or petitions
involving intra-corporate
controversies under the Interim
Rules of Procedure on Intra-
Corporate Controversies;
c. Complaints or petitions for
rehabilitation and suspension
of payment under the Interim
Rules on Corporate
Rehabilitation
d. Petition from relief from
judgement or order
e. Petition for Certiorari under
Rule 65
f. Petition for review
g. Petition for annulment of orders
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h. Complaint for injunction
i. Application for appointment
of receiver
j. Petition for certiorari, for
prohibition, for mandamus
k. Petition for quo warranto
l. Complaint for expropriation
Effect if Complaint not Verified
A pleading required to be verified which
contains a verification based on
"infor mation and belief", or upon
"knowledge, information and belief", or
lacks a proper verification, shall be
treated as an unsigned pleading. (Sec. 4
(par. 2), Rule 7)
Certification against Forum Shopping
The plaintiff or principal party shall certify
under oath in the complaint or other
initiatory pleading asserting a claim for
relief, or in a sworn certification annexed
thereto and simultaneously filed
therewith:
(a)t h a t h e h a s n o t t h e r e t o f o r e
commenced any action or filed any
claim involving the same issues in
any court, tribunal or quasi-judicial
agency and, to the best of his
knowledge, no such other action or
claim is pending therein;
(b)if there is such other pending action
or claim, a complete statement of
the present status thereof; and
(c)if he should thereafter learn that the
same or similar action or claim has
been filed or is pending, he shall
report that fact within five (5) days
therefrom to the court wherein his
aforesaid complaint or initiatory
pleading has been filed. (Sec. 5,
Rule 7)
Effect of failure to Comply with
Certification against Forum Shopping
a. F a i l u r e t o c o m p l y w i t h t h e
requirements shall not be curable by
mere amendment of the complaint or
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LEGAL FORMS - CIVIL PROCEDURE
other initiatory pleading but shall be
cause for the dismissal of the case
without prejudice, unless otherwise
provided, upon motion and after
hearing. (Sec. 5, Rule 7)
b. It shall likewise constitute an indirect
contempt of court without prejudice
to the corresponding administrative
and criminal actions. (Sec. 5, Rule 7)
Effect of Submitting a False Certification
The submission of a false certification shall
constitute indirect contempt of court,
without prejudice to the corresponding
administrative and criminal actions. If the
acts of the party or his counsel clearly
constitute willful and deliberate forum
shopping, the same shall be ground for
summary dismissal with prejudice and
shall constitute direct contempt, as well
as a cause for administrative sanctions.
(Sec. 5, Rule 7)
Effect on Certification if Plaintiff is a
Juridical Entity (i.e corporation)
A board resolution authorizing a
corporate of ficer to execute the
certification against forum shopping is
necessary— A certification not signed by
a duly authorized person renders the
petition subject to dismissal. For counsel
to sign the certification for the
corporation, he must specifically be
authorized by the Board of Directors. (BPI
Leasing Corp. v. CA, 416 SCRA 4 (2003). )
Can lack of authority be cured?
Yes. Even if the counsel executed the
verification and certificate of non-forum
shopping before the board authorized
him, the passing of the board resolution
of authorization before the actual filing of
the complaint. Median Container Corp.
v. Metropolitan Bank and Trust Co., 561
SCRA 622 (2008); the submission in the
motion for reconsideration of the
authority to sign the verification and
certification constitutes substantial
compliance with the procedural
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requirements. Asean Pacific Planners v.
City of Urdaneta, 566 SCRA 219 (2008)
Instances when Board Resolution not
Necessary
However, the following officials or
employees of the company can sign a
verification and certification against
forum-shopping without need of a board
resolution: (1) the Chairperson of the
Board of Directors, (2) the President of a
corporation, (3) the General Manager or
Acting General Manager, (4) Personnel
Officer, and (5) an Employment Specialist
in a labor case. The determination of the
sufficiency of the authority was done on
a case to case basis. (Pasos v. PNCC, 700
SCRA 608 (2013))
Requirement of Secretary’s Certificate
When the plaintiff is a corporation, a
Secretary’s Certificate must be attached
to the complaint aside from the
Verification and Certification against
Forum Shopping. Such Secretary’s
Certificate shall state the resolution
during the Board of Director’s meeting
authorizing the President of the
corporation to :
(1) cause the preparation and the
filing of the complaint;
(2) engage the services of counsel for
the purpose of preparing and filing
the said Complaint on behalf of
the corporation, and
(3) sign under oath on behalf of the
corporation the requisite
verification and certification to be
attached to the complaint
ANSWER
What is an Answer?
An answer is a pleading in which a
defending party sets forth his defenses. It
may be an answer to a complaint, a
counterclaim, or a cross-claim. In other
words, it is a pleading which a defendant
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LEGAL FORMS - CIVIL PROCEDURE
files against the complaint and raises
defenses to defeat the claim against him;
he may also, in the answer, raise
counterclaims against the plaintiff.
When do you file an answer?
A. In General — The defendant shall file
his answer to the complaint within
fifteen (15) days after service of
summons, unless a different period is
fixed by the court (Rule 11, Section 1).
B. Where Defendant is a Foreign Private
Juridical Entity - Where the defendant
is a foreign private juridical entity and
service of summons is made on the
government official designated by law
to receive the same, the answer shall
be filed within thirty (30) days after
receipt of summons by such entity
(Rule 11, Section 2).
C. Answer to an Amended Complaint (As
a matter of right) — When the plaintiff
files an amended complaint as a
matter of right, the defendant shall
answer the same within fifteen (15)
days after being served with a copy
thereof.
D. Answer to an Amended complaint
(not as a matter of right) — the
defendant shall answer the amended
complaint within ten (10) days from
notice of the order admitting the
same. An answer earlier filed may
serve as the answer to the amended
complaint if no new answer is filed.
E. Amended counter claim, amended
cross-claim, amended third (Fourth,
etc) -party complaint, and amended
complaint-in-intervention (Rule 11, Sec.
3)
F. Answer to a counterclaim or cross-
claim— must be answered within ten
(10) days from service (Rule 11, Section
4)
G. The time to answer a third (fourth, etc.)
—party complaint shall be governed
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by the same rule as the answer to the
complaint (Rule 11, Section 5).
H. Supplemental Complaint — It may be
answered within ten (10) days from
notice of the order admitting the
same, unless a different period is fixed
by the court. The answer to the
complaint shall serve as the answer to
the supplemental complaint if no new
or supplemental answer is filed (Rule
11, Section 7).
I. Exception — Upon motion and on
such terms as may be just, the court
may extend the time to plead
provided in these Rules. The court may
also, upon like terms, allow an answer
or other pleading to be filed after the
time fixed by these Rules (Rule 11,
Section 11).
Kinds of Defenses
A. A negative defense is the specific
denial of the material fact or facts
alleged in the pleading of the
claimant essential to his cause or
causes of action.
B. An affirmative defense is an allegation
of a new matter, while hypothetically
admitting the material allegations in
the pleading of the claimant would
nevertheless prevent or bar recovery
by him. The affirmative defenses
include fraud, statute of limitations,
release, payment, illegality, statute of
frauds, estoppel, former recovery,
discharge in bankruptcy, and any
other matter by way of confession and
avoidance. (Rule 6, Section 5).
Denials
A. General denial is one which puts in
issue all the material averments of the
complaint or petition, and permits the
defendant to prove any and all facts
which tend to negate those
averments or someone or all or them.
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LEGAL FORMS - CIVIL PROCEDURE
B. Specific Denial — The denial must not
only specify each material allegation
of fact the truth of which is not
admitted; he must also, whenever
practicable, set forth the substance of
the matters which he will rely upon to
support his denial. Otherwise, the
denial becomes a general denial,
which amounts to an admission of the
allegations in the complaint and
justifies a summary judgment (Talastas
v. Abella, 25 SCRA 578 [1968]).
Answer with Counterclaim
A counterclaim is any which a defending
party may have against an opposing
party. (Rule 6, Section 6).
Kinds of Counterclaims
A. A compulsory counterclaim is one
which, being cognizable by the
regular courts of justice, arises out of or
is connected with the transaction or
occurrence constituting the subject
matter of the opposing party's claim
and does not require for its
adjudication the presence of third
parties of whom the court cannot
acquire jurisdiction. Such a
counterclaim must be within the
jurisdiction of the court both as to the
amount and the nature thereof,
except that in an original action
before the Regional Trial Court, the
counter-claim may be considered
compulsory regardless of the amount.
(Rule 6, Section 7)
B. A permissive counterclaim is one
which is not barred even if not set up
and which has no logical relation with
the transaction or occurrence that is
the subject matter of the opposing
party’s claim, or even when there is
such a connection, the court has no
jurisdiction to entertain the claim or it
requires for its adjudication the
presence of third persons of whom the
court cannot acquire jurisdiction
(National Marketing Corp. Federation
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of United Namarco Distributors, Inc., 49
SCRA 238 [1973]).
Why distinguish between the kinds of
counterclaims?
A permissive counterclaim, if permitted,
requires that the filing fees therefore be
paid and that it should contain a
certification against forum-shopping. A
permissive counterclaim is a complaint
by itself, and should comply with all
requisites required of a valid complaint.
As for compulsory counterclaims, as a
general rule, it is deemed barred or
waived, if not set up in the answer. There
are two exceptions to this rule:
(1) The pleader may file a verified motion
with the court, alleging that he failed
to set up the counterclaim or cross-
claim through oversight,
inadvertence, or excusable neglect,
or when justice so requires, and
praying that he be granted leave to
file the same. He should attach to his
motion the omitted counterclaim or
cross-claim (Rule 11, Section 10).
(2) With the permission of the court, in a
motion for the purpose, a pleader
may set up a counterclaim or cross-
claim which either matured or was
acquired by him after serving his
pleading, in the form of supplemental
pleading before judgment. He should
attach the supplemental pleading in
the motion for leave to file the same
(Rule 11, Section 9).
Allegations that may be included in an
answer
A third (fourth, etc.) — party defendant
may allege in his answer his defenses,
counterclaims or cross-claims, including
such defenses that the third (fourth, etc.)
— party plaintiff may have against the
original plaintiff's claim. In proper cases,
he may also assert a counterclaim
against the original plaintiff in respect of
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LEGAL FORMS - CIVIL PROCEDURE

the latter's claim against the third-party

MOTIONS - IN GENERAL
plaintiff (Rule 6, Section 13).

Parts of a Pleading What is a Motion?

CBAVCafs - JCP An application for relief other than by a
1. Caption pleading. It has facts based on relief and
2. Body & Relief facts based on claims. It is not a pleading
3. Attorney’s Details since it does not have claims or defenses.
4. Verification
5. Certification Against Forum Shopping Motion versus Pleadings
6. Jurat
PLEADING MOTIONS
7. Copy Furnished
8. Proof of Service it is a submission of it is an application
claims or defenses for an order not
for appropriate included in the
judgment judgment
may be initiatory cannot be initiatory
as motions are
made in a case
already filed in
court
must be written may be oral when
made in open
court or in the
course of a hearing
or a trial
m u s t b e f i l e d may be filed after
before judgment judgment

Contents of a Motion
1. Statement of relief sought to be
obtained
2. Grounds upon which the motion is
based
3. Supporting affidavits and other papers
when mandated by the Rules or when
necessary to prove facts stated in the
motion

Requisites of a Motion
1. Must be in writing (general rule)
2. The applicant must set hearing of the
motion, the date of hearing must not
be later than 10 days from the filing of
the motion
3. Notice of hearing must be addressed
to all parties concerned

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LEGAL FORMS - CIVIL PROCEDURE
4. Motion and notice of hearing must be
served at least 3 days before the date
of hearing (THREE DAY NOTICE RULE)
5. Proof of Service
Exceptions to the Three-Day Notice Rule
1. Ex-Parte Motions
2. Urgent Motions
3. Motions agreed upon by the parties to
be heard on shorter notice or jointly
submitted by the parties
4. Motions for summary judgment which
must be served at least 10 days before
its hearing
Exception to the General Rule that
motions must be in writing
1. Motions made in open court
2. Motions made in the course of a
hearing or trial
Notice of Hearing
All written motion shall be set for hearing
by the applicant. The notice shall be
addressed to all parties concerned,
specified the time and date of the
hearing which shall not be later than 10
days after the filing of the motion.
Omnibus Motion Rule
Principle which requires that every motion
that attacks a pleading, judgment, order
or proceeding shall include all grounds
then available and all objections not so
included shall be deemed waived.
Exceptions to Waiver
1. Lack of jurisdiction over subject matter
2. Litis Pendentia
3. Res Judicata
4. Prescription
What is a litigated motion?
One which requires the parties to be
heard before ruling on the motion can
be made by the Court (i.e. Motion to
Dismiss, Summary Judgment)
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What is an ex parte motion?

It is one which does not require the
parties be heard and which the court
may act upon without prejudicing the
rights of the other party.
Applicability of Rules governing
Pleadings
The Rules applicable to pleadings shall
apply to written motions so far as
concerns caption, designation, signature
and other matter of forms. (Section 10,
Rule 16 of the Rules of Court)
Parts of a Motion to Dismiss
CapBAN - CPE
1. Caption
2. Body & Relief
3. Attorney’s details
4. Notice of Hearing
5. Copy Furnished
6. Proof of Service
7. Explanation (if necessary)
MOTION TO DISMISS
What is a Motion to Dismiss?
A motion to dismiss is a specific
application for relief that asks a court to
decide a case in favor of the pleading
party because no legal claim exists, even
if the facts are true as stated by the
plaintiff. The motion to dismiss is used by
defending parties who are trying to have
the case thrown out in the early stages of
litigation.
What are the grounds to which one may
file a motion to dismiss?
(a) That the court has no jurisdiction
over the person of the defending
party;
(b) That the court has no jurisdiction
over the subject matter of the
claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal
capacity to sue;
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LEGAL FORMS - CIVIL PROCEDURE
(e) That there is another action
pending between the same
parties for the same cause;
(f) That the cause of action is barred
by a prior judgment or by the
statute of limitations;
(g) That the pleading asserting the
claim states no cause of action;
(h) That the claim or demand set forth
in the plaintiff's pleading has been
paid, waived, abandoned, or
otherwise extinguished;
(i) That the claim on which the action
is founded is enforceable under
the provisions of the statute of
frauds; and
(j) That a condition precedent for
filing the claim has not been
complied with
When should one file a Motion to Dismiss?
A motion to dismiss may be made within
the time for but before filing the answer
to the complaint or pleading asserting a
claim.
Instances when a Motion to Dismiss may
be filed AFTER the filing of an Answer
1. Ground is lack of jurisdiction over the
subject matter
2. If it is alleged that there is another
action pending between the same
parties for the same cause
3. If the ground filed is that the action is
barred by prior judgment If the action
has prescribed
Is a motion to to dismiss and a demurrer
to evidence the same?
No, however A demurrer to evidence is a
motion to dismiss on the ground of
insufficiency of evidence and is
presented after the plaintiff rests his case.
It is an objection by one of the parties in
an action, to the effect that the
evidence which his adversary produced
is insufficient in point of law, whether true
or not, to make out a case or sustain the
issue. The evidence contemplated by the
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rule on demurrer is that which pertains to
the merits of the case. The two differ in:
1. Period of filing-- MOD filed before
a responsive pleading is made by
the defendant; while a demurrer
to evidence is filed after the
plaintiff has rested its case.
2. Grounds-- MOD may be filed on
the ground of the preliminary
objections under Rule 16. Whereas
a Demurrer to evidence is based
on insufficiency of evidence
Is a motion to dismiss exclusively filed
before a trial court?
No. A motion to dismiss may be filed even
before the appellate courts.
MOTION FOR EXTENSION OF TIME
What is a Motion for Extension of time?

A motion for extension of time is an ex
parte motion requesting the court to
extend the time given for the completion
for a certain act.



When to file a motion for extension of
time?

BEFORE the expiration of the time sought
to be extended. The 3-day notice rule
does not apply because it’s not a litigious
motion.

When may a motion for extension of time
for filing a brief may be granted?
1. Good and Sufficient cause; AND
2. Filed before the expiration of the time
sought to be extended. (section 12,
Rule 44)

15-Day Maximum 

As stated in Yabut v Ventura, the policy
for many years' standing of the Supreme
Court is to grant no more than 15 days for
first extension and 1 days for second
extension.

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LEGAL FORMS - CIVIL PROCEDURE
In motion or extension to file petition for
review on certiorari

Extension of time for filing the petition
may be granted only upon payment of
the required docket and other legal fees.
(Alinabon v Ramos Construction)
 and delays in courts. To this end, it seeks






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JUDICIAL AFFIDAVIT RULE
What is the Judicial Affidavit Rule (JAR)?
On September 4, 2012, the JAR was
promulgated to address case congestion
to reduce the time needed to take
witnesses’ testimonies. The JAR took
effect on January 1, 2013 and would also
apply to pending cases pursuant to
Section 12 to wit:L
Effectivity & Applicability
This rule shall take effect on January 1,
2013. It shall also apply to existing cases.
Rationale for the Rule
1. Case congestion and delays plaguing
most courts in cities, given the huge
volume of cases filed each year and
the slow and cumbersome adversarial
system that the judiciary has in place.
2. 40% of criminal cases are dismissed
annually owing to the fact that
complainants simply give up con1ing
to court after repeated
postponements.
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.
History of JAR
The Supreme Court back in February 21,
2012, approved a piloting by trial courts
in Quezon City the Judicial Affidavit Rule.
It was then later on reported that as a
result of such piloting, two-thirds of the
time in presenting testimonies of witnesses
was reduced. It automatically sped up
hearing and adjudication of cases.
Because of the outcome, the Supreme
Court Committee on the Revision of the
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Rules of Court, headed by Senior
Associate Justice Antonio T. Carpio, and
the Sub-Committee on the Revision of the
Rules on Civil Procedure, headed by
Associate Justice Roberto A. Abad, then
recommended for the adoption of a
Judicial Affidavit Rule that will replicate
nationwide the success of the Quezon
City experience in the use of judicial
affidavits. The Supreme Court then issued
and promulgated A.M. No. 12-8-8-SC
(Judicial Affidavit Rule) in September 4,
2012 and took effect in January 1, 2013.
How is the Judicial Affidavit Rule Applied?
The parties shall file with the court and
serve on the adverse party, personally or
by licensed courier service Judicial
affidavits and Exhibits in lieu of direct
testimonies.
What is the Scope of JAR?
The rule applies to all actions,
proceedings, and incidents requiring the
reception of evidence before:
(1) The Metropolitan Trial Courts, the
Municipal Trial Courts in Cities, the
Municipal Trial Courts, the Municipal
Circuit Trial Courts, and the Shari' a
Circuit Courts but shall not apply to
small claims cases under A.M. 08-8-7-
SC;
(2) The Regional Trial Courts and the
Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax
Appeals, the Court of Appeals, and
the Shari'a Appellate Courts;
(4) The investigating officers and bodies
authorized by the Supreme Court to
receive evidence, including the
Integrated Bar of the Philippine (IBP);
and
(5) The special courts and quasi-judicial
bodies, whose rules of procedure are
subject to disapproval of the Supreme
Court, insofar as their existing rules of
procedure contravene the provisions
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of this Rule. (Section 1, A.M. No.
12-8-8-SC)
When do you file the Judicial Affidavits?
Not later than five days before pre-trial or
preliminary conference or the scheduled
hearing with respect to motions and
incidents. (Section 2, A.M. No. 12-8-8-SC)
What are those filed in the court and
served on the adverse party under this
rule?
(1) T h e j u d i c i a l a f f i d a v i t s o f t h e i r
witnesses, which shall take the place
of such witnesses' direct testimonies;
and
(2) The parties' documentary or object
evidence, if any, which shall be
attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on
in the case of the complainant or the
plaintiff, and as Exhibits 1, 2, 3, and so
on in the case of the respondent or
the defendant. (Section 2, A.M. No.
12-8-8-SC)
Note: In the Judicial Affidavit Rule, the
attachments of documentary or object
evidence to the affidavits is required
when there would be a pre-trial or
preliminary conference or the scheduled
hearing. Where a defendant fails to file
an answer, the court shall render
judgment, either motu proprio or upon
plaintiffs motion, based solely on the
facts alleged in the complaint and
limited to what is prayed for. Thus, where
there is no answer, there is no need for a
pre-trial, preliminary conference or
hearing. (Fairland Knitcraft Corporation v.
Po, G.R. No. 217694, January 27, 2016)
Can “copies” or reproduction of the
exhibits be submitted?
Yes. If a party or a witness desire to keep
the original document or object
evidence in his possession, he may, after
the same has been identified, marked as
exhibit, and authenticated, warrant in his
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judicial affidavit that the copy or
reproduction attached to such affidavit is
a faithful copy or reproduction of that
original. In addition, the party or witness
shall bring the original document or
object evidence for comparison during
the preliminary conference with the
attached copy, reproduction, or pictures,
failing which the latter shall not be
admitted. (Section 2, A.M. No. 12-8-8-SC)
How do you offer testimonies contained
in a judicial affidavit
The party presenting the judicial affidavit
of his witness in place of direct testimony
shall state the purpose of such testimony
at the start of the presentation of the
witness. (Section 6, A.M. No. 12-8-8-SC)
How do you object on a testimony
contained in a judicial affidavit?
The adverse party may move to
disqualify the witness or to strike out his
affidavit or any of the answers found in it
on ground of inadmissibility. The court
shall promptly rule on the motion and, if
granted, shall cause the marking of any
excluded answer by placing it in brackets
under the initials of an authorized court
personnel, without prejudice to a tender
of excluded evidence under Section 40
of Rule 132 of the Rules of Court. (Section
6, A.M. No. 12-8-8-SC)
How do you offer exhibits contained in a
judicial affidavit?
Upon the termination of the testimony of
his last witness, a party shall immediately
make an oral offer of evidence of his
documentary or object exhibits, piece by
piece, in their chronological order, stating
the purpose or purposes for which he
offers the particular exhibit. (Section 8,
A.M. No. 12-8-8-SC)
How do you object exhibits contained in
a judicial affidavit?
After each piece of exhibit is offered, the
adverse party shall state the legal ground
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for his objection, if any, to its admission,
and the court shall immediately make its
ruling respecting that exhibit. (Section 8,
A.M. No. 12-8-8-SC)
Note: Since the documentary or object
exhibits form part of the judicial affidavits
that describe and authenticate them, it is
sufficient that such exhibits are simply
cited by their markings during the offers,
the objections, and the rulings, dispensing
with the description of each exhibit.
Examination of the witness
The adverse party shall have the right to
cross-examine the witness on his judicial
affidavit and on the exhibits attached to
the same. The party who presents the
witness may also examine him as on re-
direct. In every case, the court shall take
active part in examining the witness to
determine his credibility as well as the
truth of his testimony and to elicit the
answers that it needs for resolving the
issues. (Section 7, A.M. No. 12-8-8-SC)
Criminal Actions
(Section 9, A.M. No. 12-8-8-SC)
Scope
This rule shall apply to all criminal actions:
(1) W h e re t h e m a x i m u m o f t h e
imposable penalty does not
exceed six years;
(2) Where the accused agrees to the
use of judicial affidavits,
irrespective of the penalty
involved; or
(3) With respect to the civil aspect of
the actions, whatever the
penalties involved are.
Time
The prosecution shall submit the judicial
affidavits of its witnesses not later than
five days before the pre-trial, serving
copies if the same upon the accused.
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If the accused desires to be heard on his
defense after receipt of the judicial
affidavits of the prosecution, he shall
have the option to submit his judicial
affidavit as well as those of his witnesses
to the court within ten days from receipt
of such affidavits.
What is included?
The complainant or public prosecutor
shall attach to the affidavits such
documentary or object evidence as he
may have, marking them as Exhibits A, B,
C, and so on. No further judicial affidavit,
documentary, or object evidence shall
be admitted at the trial.
The accused, by desiring to submit his
judicial affidavit as well as those of his
witnesses to the court shall serve a copy
of each on the public and private
prosecutor, including his documentary
and object evidence previously marked
as Exhibits 1, 2, 3, and so on. These
affidavits shall serve as direct testimonies
of the accused and his witnesses when
they appear before the court to testify.
Failure to execute a Judicial Affidavit
If the government employee or official, or
the requested witness, who is neither the
witness of the adverse party nor a hostile
witness, unjustifiably declines to execute
a judicial affidavit or refuses without just
cause to make the relevant books,
documents, or other things under his
control available for copying,
authentication, and eventual production
in court, the requesting party may avail
himself of the issuance of a subpoena ad
testificandum or duces tecum under Rule
21 of the Rules of Court. The rules
governing the issuance of a subpoena to
the witness in this case shall be the same
as when taking his deposition except that
the taking of a judicial affidavit shall be
understood to be ex parte.
Note: Section 5 of the JAR contemplates
a situation where there is a (a)
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government employee or official or (b)
requested witness who is not the (1)
adverse party’s witness nor (2) a hostile
witness. If this person either (a)
unjustifiably declines to execute a judicial
affidavit or (b) refuses without just cause
to make the relevant documents
available to the other party and its
presentation to court, Section 5 allows
the requesting party to avail of issuance
of subpoena ad testificandum or duces
tecum under Rule 21 of the Rules of
Court. Thus, adverse party witnesses and
hostile witnesses being excluded they are
not covered by Section 5. Expressio unius
est exclusion alterius: the express mention
of one person, thing, or consequence
implies the exclusion of all others. (Ng
Meng Tam v. China Banking Corporation,
G.R. No. 214054, August 05, 2015)
So what is the proper procedure for
adverse witnesses?
The JAR being silent on this point, we turn
to the provisions governing the rules on
evidence covering hostile witnesses
specially Section 12, Rule 132 of the Rules
of Court which provides:
SEC. 12. Party may not impeach his own
witness. – Except with respect to
witnesses referred to in paragraphs (d)
and (e) of Section 10, the party
producing a witness is not allowed to
impeach his credibility.
A witness may be considered as unwilling
or hostile only if so declared by the court
upon adequate showing of his adverse
interest, unjustified reluctance to testify,
or his having misled the party into calling
him to the witness stand.
The unwilling or hostile witness so
declared, or the witness who is an
adverse party, may be impeached by
the party presenting him in all respects as
if he had been called by the adverse
party, except by evidence of his bad
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character. He may also be impeached
and cross-examined by the adverse
party, but such cross-examination must
only be on the subject matter of his
examination-in-chief.
In Afulugencia v. Metropolitan Bank &
Trust Co., this Court stated that “in civil
cases, the procedure of calling the
adverse party to the witness stand is not
allowed, unless written interrogatories are
first served upon the latter.
Effect of non-compliance with the judicial
Affidavit Rule
1. Waiver of submission
2. Court may allow only once the late
submission provided that the delay is:
a. For a valid reason
b. N o t u n d u l y p r e j u d i c e t h e
opposing party
c. Defaulting party to pay fine of not
less than 1k and not more than 5k
at the discretion of the court
3. The court shall not consider the
affidavit of any witness who fails to
appear at the scheduled hearing of
the case as required.
4. Counsel who fails to appear without
valid cause despite notice shall be
deemed to have waived his client’s
right to confront by cross-examination
the witnesses there present.
5. The court shall not admit as evidence
judicial affidavits that do not conform
to the content requirements of Section
3 and the attestation requirement of
Section 4 above. (Section 9, A.M. No.
12-8-8-SC)
When may court allow the subsequent
submission of compliant replacement
affidavits?
a. Before the hearing or trial;
b. Provided that delay is for a reason
and not unduly prejudice the
opposing party
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c. Fine for the public or private counsel
not less than 1k or more than 5k.
(Section 9, A.M. No. 12-8-8-SC)
Language
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
Contents of the Judicial Affidavit
(a) The name, age, residence or business
address, and occupation of the
witness;
(b) The name and address of the lawyer
who conducts or supervises the
examination of the witness and the
place where the examination is being
held;
(c) A statement that the witness is
answering the questions asked of him,
fully conscious that he does so under
oath, and that he may face criminal
liability for false testimony or perjury;
(d) Questions asked of the witness and his
corresponding answers, consecutively
numbered, that:
(1) Show the circumstances under
which the witness acquired the
facts upon which he testifies;
(2) Elicit from him those facts which
are relevant to the issues that the
case presents; and
(3) I d e n t i f y t h e a t t a c h e d
documentary and object
evidence and establish their
authenticity in accordance with
the Rules of Court;
(e)The signature of the witness over his
printed name;
(f) A jurat with the signature of the notary
public who administers the oath or an
officer who is authorized by law to
administer the same.
(g)Sworn Attestation of the Lawyer — The
judicial affidavit shall contain a sworn
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attestation at the end, executed by

the lawyer who conducted or
supervised the examination of the
witness, to the effect that:
(1) He faithfully recorded or caused to
be recorded the questions he
asked and the corresponding
answers that the witness gave;
and
(2) Neither he nor any other person
then present or assisting him
coached the witness regarding
the latter's answers. (Section 4,
A.M. No. 12-8-8-SC)

Effect of a false attestation

A false attestation shall subject the
lawyer mentioned to disciplinary action,
including disbarment. (Section 4, A.M.
No. 12-8-8-SC)

ADDITIONAL NOTES: CONTENTS OF JA

It is evident that the questions to be
asked will determine whether or not the
witness has personal knowledge of the
facts upon which he testifies, and thus,
prevent the introduction into the record
of mere hearsay testimonies. The matters
testified to should also be on matters
relevant to the issues of the case. The
affidavit also requires that the witness not
merely identify the exhibits but also
authenticate the same for evidentiary
purposes (RIANO at 272).

Why is there a need for a jurat in the

Judicial Affidavit? Because the judge
was not able to observe the witness while
he was making his affidavit (Section 3[f],
Judicial Affidavit Rule).

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