CONTENTS [PDF]

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CONTENTS PART I Preliminary

Chapter

Is the judicial affidavit rule a legislative act by Congress?..... When was the judicial affidavit rule promulgated?

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When was the effectivity of this rule? What are the reasons why the judicial affidavit rule was issued and promulgated by the Supreme Court? Enumerate the caseswhere the judicial affidavit rule appIy........... Is the judicial affidavit rule applicable in casesfalling under the rules on summary proceedings in civil cases? Is the judicial affidavit rule applicable in casesfalling under the Rules of Procedure for Environmental Cases(A.M. No. 09-6-08-SC)?

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Does the RuIe apply to casesrequiring reception of evidence?......... What is trial for purposesof receptionof evidence?.........

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What is the order of trial in civil casesthat requires 4 submissionof judicial affidavit? What is the order in the examinationof a witness?.................D When must the parties file the judicial affidavits and c exhibits in lieu of direct testimonies?........ What must be submitted by the parties in court? What must be done should a party desire to keep the original?....... Is the efficient use of Paper Rule (A.M. No. 11-9-4-SC, effective January 1, 2013) applicable in case of judicial affidavit?.............

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What are the format and style of the judicial affidavit in compliance with the efficient use of Paper Rule? What are the margins and prints of the judicial affidavit in compliance with the efficient use of Paper Rule? How many copies of the judicial affidavit shall be filed in court in compliance with the efficient use of Paper RuIe? What is the rule on service of annexes to the adverse party in compliance with the efficient use of Paper Rule?..... In what languagesmay a judicial affidavit be written?........... What requirement is needed if a judicial affidavit is prepared in the language known to the witness other than English or Filipino?........... What must a judicial affidavit contain?............. Must a judicial affidavit contain an attestation? Who must execute the attestation? What must an attestation clause contain? Sample copy of the attestation in a judicial affidavit............... What is the consequenceif there is a false attestation?.......... What may a party do if the government employee or official unjustifiably declines to execute a judicial affidavit?............. Sample form of judicial affidavit in Collection of Sum of Money Sample form of judicial affidavit in a Probate of the Will ....... Sample form ofjudicial affrdavit in a Petition for Declaration of Nullity of Marriage ........

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PART II Offer and Objections to Testimony Judicial Affidavit

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What must the party presenting the judicial affidavit do?...... 47 Why is there a need to offer the testimony of the witness?..... 4L When to make an offer of testimony........ 4L Evidence must be formally offered, otherwise it has no probativevalue............ 42 Sample of oral offer of testimony ........

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On the other hand, what can the adverse party move? How can the counsel for the opponent object on the questions and the answers contained in the judicial affidavit?............. When to make objections............ When to make objection on the admissibility of evidence What are the possible grounds for objections under the rules?............ Some pointers in making the proper objections in the judicial affidayit.......... If a motion is raised, what must the court do?......... What is the consequenceif a motion is granted?........... How is the marking of any excludedanswer done?..... What is the remedy of the proponent of the witness if his answers or evidence were excluded by the court? How is tender of excluded evidencebeing made? How is the examination of the witness on his judicial affidavit made?.... What is the remedy of the cross-examinerif there are documents testified to by the witness but not in his possessionon such time and the testimony shall be terminated under the "one