SEC.
4 SWORN ATTESTATION OF THE LAWYER
Q: What is the sworn attestation of the lawyer?
Sworn attestation is the act of showing or showing evidence that
something is true.
Sworn attestation is required because judges have only limited
opportunity to observe or was not able to observe the demeanor of
the witnesses.
Thus, it is now required that:
a) The judicial affidavit shall contain a sworn attestation at the end,
executed by the lawyer who conducted or supervised the examination
of the witness, to the effect that:
(so these are the two things that the lawyer must prove true)
1. He faithfully recorded or caused to be recorded the questions he
asked and the corresponding answers that the witness gave;
Take note that it must be the lawyer himself or other person with the
lawyer’s supervision who shall record the answers that the witness
or witnesses are providing.
2. Neither he nor any other person then present or assisting him
coached the witness regarding the latter’s answers.
This simply means that coaching the witness about the answer he
may produce is not allowed. The answer must be coming from the
witness himself without the influence of the lawyer or other person
assisting him.
(b) A false attestation shall subject the lawyer mentioned to
disciplinary action, including disbarment.
Under this prohibition, the Rule provides that a false attestation shall
subject the lawyer mentioned to disciplinary action, such as
suspension and disbarment upon the discretion of the court.
NOTE: There is no requirement that the lawyer who prepared the
judicial affidavit must also be the one to present the witness in court.
Q: What is the effect of non-compliance with the attestation
requirement?
A judicial affidavit which does not conform to the attestation
requirement of Sec. 4 of the Judicial Affidavit Rule shall not be admitted
by the court in evidence (Sec. 10[c], Judicial Affidavit Rule). (This will be
discussed thoroughly later by my co reporter)
SEC. 5 SUBPOENA
Q: What is Subpoena? It is a request for the production of
documents, or a request to appear in court or other legal proceeding.
There are two types of subpoenas. The first, called subpoena ad
testificandum which requires you to testify before a court, or other
legal authority.
The second, called subpoena duces tecum which requires you to
produce documents, materials, or other tangible evidence.
Q: When there is a need for the issuance of a subpoena?
1. A requesting party may avail himself of the issuance of a
subpoena ad testificandum or duces tecum under Rule 21 of the Rules
of Court if a witness unjustifiably declines to (a) execute a judicial
affidavit, or (b) 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 . (if there Is
presentation of evidence, original copy of such must also be presented
and if the witness refused to produce such, subpoena may be issued by
the court)
The witness referred to is a government employee or official,
or a requested witness, who is neither the witness of the adverse party
nor a hostile witness (Sec. 5, Judicial Affidavit Rule).
2. The rules governing the issuance of a subpoena to the witness
shall be the same as when taking his deposition except that the taking
of a judicial affidavit shall be understood to be ex parte” (Sec. 5, Judicial
Affidavit Rule).
Q: Who may issue subpoena? By whom issued. — The subpoena may
be issued by —
(a) the court before whom the witness is required to attend;
(b) the court of the place where the deposition is to be taken;
(c) the officer or body authorized by law (lawyer) to do so in
connection with investigations conducted by said officer or
body; In some cases, a non-lawyer may issue a subpoena if
acting on his or her own behalf (known as pro
se representation). or
(d) any Justice of the Supreme Court or of the Court of
Appeals in any case or investigation pending within the
Philippines.
NOTE: No prisoner sentenced to death, reclusion perpetua or life
imprisonment and who is confined in any penal institution shall be
brought outside the said penal institution for appearance or
attendance in any court unless authorized by the Supreme Court (Sec
2(a), Rule 23)
Q: What is the penalty if you ignore subpoena
Because a subpoena is a court-ordered command, a person who fails
to obey it is subject to civil or criminal contempt of court charges.
Civil contempt occurs when you knowingly fail to produce papers or
documents requested, or otherwise fail to obey the terms of a
subpoena and, thereby, hinder the judicial process. Criminal
contempt, which is usually intended as punishment, generally refers
to disruptive conduct or disrespectful behavior at court. Criminal
contempt can also include refusal to turn over documents or other
data.
Penalties for contempt of court often include payment of a fine,
imprisonment, or both. Contempt charges may apply until the party
in contempt agrees to produce the requested information or
otherwise perform his or her legal obligation.
NOTE: subpoena may be refused if it violates your Fifth Amendment
constitutional right against self-incrimination.
SEC. 6 OFFER OF AND OBJECTIONS TO TESTIMONY IN JUDICIAL
AFFIDAVIT.
Offer of testimony in the judicial affidavit
Instead of offering the oral testimony of the witness, the party
using the judicial affidavit of his witness in place of a direct testimony,
shall present such affidavit and state the purpose of the testimony
contained therein at the start of the presentation of the witness (Sec.
6, Judicial Affidavit Rule).
The presentation of the judicial affidavit and the statement of
the purpose of the testimony contained therein will give the adverse
party the opportunity to object to the testimony.
Objections to testimony in the judicial affidavit; ruling of the court

The adverse party may, on the ground of inadmissibility (such

as it was improperly obtained, non-compliance of Sec. 4, it violates
constitutional rights, it is prejudicial, it is hearsay, it is not relevant to
the case, etc.) may move to (a) disqualify the witness, (b) strike out
his affidavit, or (c) strike out any of the answers found in the judicial
affidavit (Sec. 6, Judicial Affidavit Rule).

The court is required to promptly rule on the motion of the

adverse party. If it grants the motion, any excluded answer shall be
marked by placing the same in brackets under the initials of an
authorized court personnel. (Sec. 6, Judicial Affidavit Rule).

The provisions of Sec. 6 requires the court to promptly rule on

the motion of the adverse party. The term ‘promptly’, it is submitted,
should be taken in its literal context and akin to the word,
‘immediately’ as used in Sec. 37 of Rule 132 of the Rules of Court.
Under the said provision, the ruling of the court in case of an objection,
must be given immediately.

How do we make objections?

We can only make objections orally. Be it noted, however, that while

Sec. 35 of Rule 132 of the Rules of Court allows offer to be made in
writing an in oral, Sec. 8 of the Judicial Affidavit Rule requires that the
offer be made only orally. ( Sec. 8 will be discussed later)