Adopting the Judicial Affidavit Rule

October 1, 2012

ERC RESOLUTION NO. 13-12

A RESOLUTION ADOPTING THE JUDICIAL AFFIDAVIT RULE (A.M. NO. 12-8-8-SC) PROMULGATED BY THE HONORABLE SUPREME COURT ON SEPTEMBER 4, 2012 WHICH SHALL FORM PART OF THE COMMISSION'S RULES OF PRACTICE AND PROCEDURE, PARTICULARLY SECTION 6, RULE 18 THEREOF

WHEREAS, the Honorable Supreme Court of the Philippines En Banc issued A.M. No. 12-8-8-SC entitled, "Judicial Affidavit Rule", requiring the compulsory use of judicial affidavits in lieu of direct testimonies in order to reduce the time needed for completing the testimonies of witnesses;

WHEREAS, Section 2 (b) of the said Judicial Affidavit Rule requires a party (witness) to warrant in his judicial affidavit that the copy or reproduction of the exhibit attached thereto is a faithful copy or reproduction of the original;

WHEREAS, Section 4 (a) of the said Rule requires that 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:

1. He faithfully recorded and caused to be recorded the questions he asked and the corresponding answers that the witness gave; and

2. Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers.

WHEREAS, Section 4 (b) of the said Rule provides that a false attestation shall subject the said lawyer to disciplinary action, including disbarment; SAHIDc

WHEREAS, Section 10 (c) of the said Rule provides that the court shall not admit as evidence judicial affidavits that do not conform to the content requirements of Section 3 and the attestation requirement of Section 4;

WHEREAS, Section 6, Rule 18 of the ERC's Rules of Practice and Procedure provides that:

"Section 6. Direct Testimony. — All direct testimony shall be presented in writing, unless otherwise allowed by the Commission or the presiding officer. Written testimony, when properly authenticated by the witness under oath, may be transcribed into the record or admitted as an exhibit. Direct testimony shall be pre-filed at the pre-trial conference, unless the Commission or the presiding officer allows the filing thereof at a later time.

Written testimony shall be prepared in question and answer form, numbering each line of text along the left-hand margin, if possible, and with the pages numbered consecutively; shall contain a statement of the qualifications of the witness; shall contain only matters of personal knowledge to the witness or matters on which the witness is an expert or otherwise competent to testify; shall be signed under oath; and shall be accompanied by any exhibits to which it relates. Such written testimony shall be subject to the same rules of admissibility and cross-examination of the witness as if it were presented orally."

WHEREAS, as an independent quasi-judicialregulatory body created under Section 38 of Republic Act No. 9136, otherwise known as the "Electric Power Industry Reform Act of 2001 or EPIRA", the Energy Regulatory Commission (ERC) is empowered to issue such rules that are essential in the discharge of its functions pursuant to Section 4 (o), Rule 3 of the Implementing Rules and Regulations (IRR) of the EPIRA;

WHEREAS, there is a necessity to issue a Resolution adopting the Judicial Affidavit Rule, which shall form part of the ERC's Rules of Practice and Procedure;

WHEREAS, the Resolution shall apply to existing cases pursuant to Section 12 of the said Rule.

NOW THEREFORE, the ERC, after thorough and due deliberation, RESOLVED, as it hereby RESOLVES to ADOPT the Judicial Affidavit Rule, which shall form part of its Rules of Practice and Procedure, thus, amending Section 6, Rule 18 thereof, as follows: ECcDAH

"Section 6. Direct Testimony. — All direct testimony shall be presented in writing, unless otherwise allowed by the Commission or the presiding officer. Written testimony, when properly authenticated by the witness under oath, may be transcribed into the record or admitted as an exhibit. Direct testimony shall be pre-filed at the pre-trial conference, unless the Commission or the presiding officer allows the filing thereof at a later time.

Written testimony shall be prepared in question and answer form, numbering each line of text along the left-hand margin, if possible, and with the pages numbered consecutively; shall contain a statement of the qualifications of the witness; shall contain only matters of personal knowledge to the witness or matters on which the witness is an expert or otherwise competent to testify; shall be signed under oath; and shall be accompanied by any exhibits to which it relates. Such written testimony shall be subject to the same rules of admissibility and cross-examination of the witness as if it were presented orally.

The written testimony shall conform to the content requirements of Section 3 of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC) issued by the Honorable Supreme Court and the attestation requirement of Section 4 thereof."

This Resolution shall take effect on January 1, 2013 following its publication in a newspaper of general circulation in the Philippines.

Let copies of this Resolution be furnished the University of the Philippines Law Center-Office of the National Administrative Register (UPLC-ONAR).

Pasig City, October 1, 2012.

 

(SGD.) ZENAIDA G. CRUZ-DUCUTChairperson

 

(SGD.) MARIA TERESA A.R. CASTAÑEDACommissioner

 

(SGD.) JOSE C. REYESCommissioner

 

(SGD.) ALFREDO J. NONCommissioner

 

(SGD.) GLORIA VICTORIA C. YAP-TARUCCommissioner