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    Judicial Affidavit Atty Usita Notes

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    Lady Rainicorn
    This document provides guidance on drafting judicial affidavits and distinguishing between ordinary and expert witnesses. It notes that judicial affidavits should include advice from counsel when discussing legal elements or jurisprudence. For criminal complaints when no information has been filed, use "respondent" rather than "accused." Affidavits of arrest are issued by law enforcement who may misstate elements. Judicial affidavits are filed before trial under the rules of court. Ordinary witnesses can only testify to facts based on personal knowledge, while expert witnesses may provide opinions.

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    Judicial Affidavit Atty Usita Notes

    Uploaded by

    Lady Rainicorn
    55 views3 pages
    This document provides guidance on drafting judicial affidavits and distinguishing between ordinary and expert witnesses. It notes that judicial affidavits should include advice from counsel when discussing legal elements or jurisprudence. For criminal complaints when no information has been filed, use "respondent" rather than "accused." Affidavits of arrest are issued by law enforcement who may misstate elements. Judicial affidavits are filed before trial under the rules of court. Ordinary witnesses can only testify to facts based on personal knowledge, while expert witnesses may provide opinions.

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    This document provides guidance on drafting judicial affidavits and distinguishing between ordinary and expert witnesses. It notes that judicial affidavits should include advice from counsel when discussing legal elements or jurisprudence. For criminal complaints when no information has been filed, use "respondent" rather than "accused." Affidavits of arrest are issued by law enforcement who may misstate elements. Judicial affidavits are filed before trial under the rules of court. Ordinary witnesses can only testify to facts based on personal knowledge, while expert witnesses may provide opinions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    55 views3 pages

    Judicial Affidavit Atty Usita Notes

    Uploaded by

    Lady Rainicorn
    This document provides guidance on drafting judicial affidavits and distinguishing between ordinary and expert witnesses. It notes that judicial affidavits should include advice from counsel when discussing legal elements or jurisprudence. For criminal complaints when no information has been filed, use "respondent" rather than "accused." Affidavits of arrest are issued by law enforcement who may misstate elements. Judicial affidavits are filed before trial under the rules of court. Ordinary witnesses can only testify to facts based on personal knowledge, while expert witnesses may provide opinions.

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    © All Rights Reserved
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    of 3

    LEGFORMS

    PJU NOTES

    JUDICIAL AFFIDAVIT v. ORDINARY AFFIDAVIT

     In Ordinary Affidavit, it is the person, not the lawyer who alleges the fact.
    o Unilateral statements only.
     If will include elements... use:
    o "I have been advised by my counsel that the elements of estafa are as follows:"
     If will include jurisprudence… use:
    o "I have been advised by my counsel that the Supreme Court held in the case of...
    that..."
     Because that what skilled lawyers do.

    RESPONDENT v. ACCUSED

     In Criminal Complaints.. when no information filed or warrant of arrest.. do not use


    "respondent" because that is for civil cases.. also, do not use "accused" because accused is
    a very technical term.
    o Instead use RESPONDENT, because at this stage, the other party is merely
    responding to the criminal complaint.

    AFFIDAVIT OF ARREST

     Law enforces or Officers/Agents of the law issue this; some of them are JD or even lawyers.
     Always think that they know the elements; in practice they intentionally misstate the
    elements or miss some of the elements in order to issue the order of arrest. NOT ALWAYS
    IN SHEAR IGNORANCE OF THE LAW. THOUSAND MILLIONS OF REASONS WHY. ;)

    JUDICIAL AFFIDAVIT

     When? Under the JAR as a GR: 5 days before pre-trial (1st scenario)
     Purpose: so that there will be issues to be take up during the Pre-Trial. After which pre-
    trial order will be issued. The PTO will be the roadmap that will lead the course of the trial
    proper.
     GR: 5 days before the actual testimony of the witness (2nd scenario)
     Because sometimes pre-trial already ended.

    o WITH THE NEW AMENDMENTS IN ROC


    o Upon the filing of the COMPLAINT, the Judicial Affidavit of the complainant and
    ALL the witnesses must be attached with the complaint.
    o Or if respondent, upon the filing of the ANSWER.
    o DO NOT WAIT FOR PRE-TRIAL OR 5 DAYS BEFORE PRE-TRIAL!
    o That’s why the new period is 30 days because many documents will be prepared
    and filed.

    2 DOCUMENTS IN NOTARY PUBLIC OF JUDICIAL AFFIDAVIT

     The Judicial Affidavit itself;


     the Attestation of the lawyer.
    o These two document must be recorded and numbered in the notarial register
    separately
     Attestation of the lawyer:
    o Must attest that lawyer indeed asked the complainant/witness;
    o That the lawyer did not coach the complainant/witness;
     In practice: ung mga pinanganak lang kahapon maniniwala na hindi nag
    coach ung lawyer. Kasi matatalo kung hindi favorable sa client ng lawyer
    ung statements ni witness.
     Statements in the judicial affidavit is always favorable to the client. If not,
    will not be submitted to the court. Mag hanap nalang ng ibang witness.
    o That the lawyer faithfully recorded the answers to all the questions.

    JUDICIAL AFFIDAVIT; WITNESSES

     2 TYPES OF WINESSES:
    o Ordinary
    o Expert
     Importance of the distinction is based on the OPINION RULE
    o GR: THE ORDINARY WITNESS CAN ONLY TESTIFY BASED ON HIS
    PERSONAL KNOWLEDGE BASED ON THE FACTS; HE CANNOT TESTIFY
    BASED ON HIS OPINION.
    o XPN: EXPERT WITNESSES MAY TESTIFY BASED ON HIS OPINION.
     Hence, know the nature of the witness if you will prepare the Judicial Affidavit.

     When you prepare the judicial affidavit of an EXPERT witness which will form the direct
    testimony of the witness remember these two important points:
    o FIRST STAGE: Establish the expertise of the expert witness.
     How? First 20-50 questions. First ask the purpose why the witness is being
    presented “that the witness is being presented because he is an expert in
    psychology” thereafter…ask the educational background; his present
    profession; duties and responsibilities; length of occupation; academic
    qualification to occupy that occupation; year graduated; what course; what
    school; prior to your current occupation have you rendered previous
    occupation if so please tell the court; the training or seminar attended;
    books or articles written with regard his specific field; have you previously
    been a witness before a court? If yes how many times?; have the court
    affirmed these statements?; if yes say so! “in fact the supreme court even
    cited my opinion etc etc in the case of”
     May attach diplomas, certifications etc etc to prove that he indeed is an
    expert.
    o SECOND STAGE: Direct examination proper.

    If Judicial Affidavit of an Ordinary Witness; no more 1st stage. Jump immediately to 2nd stage.

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