Section-by-section summary
| Section | What it requires |
|---|---|
| Sec. 1 · Scope | Applies to MTCs, MeTCs, MTCCs, MCTCs and Shari’a Circuit Courts (except small claims), RTCs and Shari’a District Courts, the Sandiganbayan, the Court of Tax Appeals, the Court of Appeals and Shari’a Appellate Courts, investigating officers and bodies authorised by the Supreme Court to receive evidence (including the IBP), and special courts and quasi-judicial bodies whose rules of procedure are subject to Supreme Court disapproval. |
| Sec. 2 · Submission in place of direct testimony | File and serve judicial affidavits and exhibits not later than 5 days before the pre-trial, preliminary conference or scheduled hearing. Exhibits are attached and marked: Exhibits A, B, C for the complainant or plaintiff; 1, 2, 3 for the respondent or defendant. Service is personal or by licensed courier. A party who keeps an original may attach a copy, warrant in the affidavit that it is faithful, and bring the original for comparison at the preliminary conference, or the copy is not admitted. |
| Sec. 3 · Contents | Personal details of the witness; name and address of the examining lawyer and place of examination; statement of oath and awareness of perjury liability; consecutively numbered questions and answers that show how the witness acquired the facts, elicit the facts relevant to the issues, and identify and authenticate the attached exhibits; signature of the witness over printed name; and a jurat signed by a notary public or other officer authorised to administer oaths. |
| Sec. 4 · Lawyer’s sworn attestation | The examining lawyer attests that the Q&A was faithfully recorded and that no one coached the witness. False attestation exposes the lawyer to discipline, including disbarment. |
| Sec. 5 · Subpoena | If a government official or a requested witness who is not the adverse party’s or a hostile witness unjustifiably refuses to execute a judicial affidavit or produce documents, the requesting party may seek a subpoena ad testificandum or duces tecum under Rule 21. |
| Sec. 6 · Offer and objections | State the purpose of the testimony at the start of the witness’s presentation. The adverse party may move to disqualify the witness or strike the affidavit or any answer as inadmissible; excluded answers are bracketed, without prejudice to a tender of excluded evidence. |
| Sec. 7 · Examination | The adverse party may cross-examine on the affidavit and attached exhibits; the presenting party may conduct re-direct. The court takes an active part in examining the witness. |
| Sec. 8 · Oral offer of exhibits | After the last witness, offer the documentary and object exhibits orally, piece by piece, citing their markings. Objections and rulings follow each exhibit. |
| Sec. 9 · Criminal actions | Applies where the maximum imposable penalty does not exceed six years, where the accused agrees, and to the civil aspect. The prosecution files 5 days before pre-trial; the accused may file within 10 days from receipt of the prosecution’s affidavits. |
| Sec. 10 · Non-compliance | Late submission waives the affidavits, but the court may allow it once for a valid reason, absent undue prejudice, on payment of a P1,000–P5,000 fine. Affidavits of witnesses who do not appear are not considered. Non-compliant affidavits are inadmissible, but compliant replacements may be allowed once, subject to the same fine on counsel. |
| Sec. 12 · Effectivity | Took effect January 1, 2013 and applies to existing cases. |
Pre-filing checklist
- Count back from the pre-trial, preliminary conference or hearing date: file and serve at least 5 days before. Use the reglementary period calculator to get the latest filing date.
- Written in a language the witness knows; attach an English or Filipino translation if it is in neither.
- Witness: name, age, residence or business address, occupation.
- Examining lawyer: name and address; place where the examination was held.
- Statement that the witness answers under oath, aware of liability for false testimony or perjury.
- Questions and answers numbered consecutively, showing how the witness acquired the facts and eliciting only facts relevant to the issues.
- Each exhibit identified and authenticated in the Q&A, attached and marked (A, B, C or 1, 2, 3).
- Witness's signature over printed name, and a jurat by a notary public or other authorised officer.
- Lawyer's sworn attestation under Section 4.
- Filed in court and served on the adverse party personally or by licensed courier.
Under the 2019 Amendments to the Rules of Civil Procedure, the judicial affidavits of witnesses must also be attached to the pleading itself (Rule 7, Sec. 6). Check the current rules of the specific court or body where you file.
Draft and rehearse with ocoai
The Judicial Affidavit Builder sets out your draft in the Section 3 structure, with numbered Q&A, the oath statement, the jurat block and the Section 4 attestation, so you can focus on the facts. You can then rehearse cross-examination on the draft. It is a drafting aid: the lawyer remains responsible for the content and the attestation.
Sources
- A.M. No. 12-8-8-SC, Judicial Affidavit Rule (Sept 4, 2012) — Lawphil
- 2019 Amendments to the 1997 Rules of Civil Procedure (Rule 7, Sec. 6) — Supreme Court PDF
Last reviewed November 1, 2026. Laws, rules and Bar Bulletins change; if a source above has been amended or superseded, the official text controls.