SC halts implementation of Judicial Affidavit Rule on criminal cases

January 2, 2013 5:21pm

The Judicial Affidavit Rule on criminal cases, which should have been implemented at the start of this year, would not be in effect for the next several days.

This was agreed upon by the Supreme Court en banc, in light of a letter from the Prosecutors' League of the Philippine (PLP) dated December 12, 2012, asking for the deferment of the rule's implementation for at least one year "pending the resolution of some issues raised."

Judicial affidavits are sworn statements containing the witness' testimony in question-and-answer form. They are used in place of the traditional direct testimony to expedite the presentation of evidence. Usually used only in civil cases, the new rule requires courts to require the use of judicial affidavits even in criminal cases in an attempt to expedite trial proceedings.

Last December 21, SC Associate Justices Diosdado Peralta, Lucas Bersamin and Roberto Abad met with PLP officials to discuss the group's concern. Abad later recommended to the en banc the deferment the implementation of the Judicial Affidavit Rule to Jan. 1, 2014.

"Considering that the Court En Banc will not meet until 8 January 2013, Justice Abad is of the considered view that it may be more prudent for the justices, judges and arbiters concerned to suspend the implementation of the Judicial Affidavit Rule in criminal cases and await the resolution of the Court En Banc on the request of the Prosecutors’ League of the Philippines," said Court Administrator Midas Marquez.

The notice of suspension was contained in Office of the Court Administrator (OCA) Circular No. 146-2012.

For her part, Justice Secretary Leila de Lima said while she lauds the high court's intention to speed up trials, she admitted that prosecutors were caught off guard when the Judicial Affidavit Rule was approved last September.

She also appealed that government prosecutors be given extensive training first on the Judicial Affidavite Rule.

"I very much recognize the wisdom behind the rule and I know the underlying reason or the objective of the Supreme Court there is to really expedite proceedings in court particularly in criminal proceedings and we appreciate it," De Lima said.

"Kaya lang, yung mga prosecutors nabigla sila dyan. Kaya nung nagkaroon sila ng emergency meeting bago mag-Pasko, iyon ang naging consensus. Mabibigla daw sila at hindi sila magiging ready kung immediately ay i-implement yan," she added. — Mark D. Merueñas/KBK, GMA News