Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012)
SEC Memorandum Circular No. 04-16 outlines guidelines for Hearing Officers in the Philippines regarding the handling of petitions under the Judicial Affidavit Rule. It aims to simplify and expedite evidence reception in proceedings before the Commission. Hearing Officers must inform parties to file judicial affidavits of their witnesses and documentary evidence at least five days before hearings. Additionally, a warning is included stating that any falsehood in a judicial affidavit may lead to the dismissal of the case and referral to the Office of the Prosecutor for potential violations of the Revised Penal Code. Compliance with these guidelines is mandatory.
Quick Answers
- What is Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012) about?
- SEC Memorandum Circular No. 04-16 outlines guidelines for Hearing Officers in the Philippines regarding the handling of petitions under the Judicial Affidavit Rule. It aims to simplify and expedite evidence reception in proceedings before the Commission. Hearing Officers must inform parties to file judicial affidavits of their witnesses and documentary evidence at least five days before hearings. Additionally, a warning is included stating that any falsehood in a judicial affidavit may lead to the dismissal of the case and referral to the Office of the Prosecutor for potential violations of the Revised Penal Code. Compliance with these guidelines is mandatory.
- What type of law is SEC Memorandum Circular No. 04-16?
- Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012) (SEC Memorandum Circular No. 04-16) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012) enacted?
- Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012) (SEC Memorandum Circular No. 04-16) was enacted on May 5, 2016.
- What is the citation for Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012)?
- Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012), SEC Memorandum Circular No. 04-16, May 5, 2016 (Philippines)
Law Information
- Reference Number
- SEC Memorandum Circular No. 04-16
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Securities and Exchange Commission
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 5, 2016
SEC MEMORANDUM CIRCULAR NO. 04-16
| TO | : | All Hearing Officers of the Commission |
| SUBJECT | : | Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012) |
SECTION 1. Purpose. — The following guidelines are to be observed by Hearing Officers in all actions, proceedings and incidents requiring the reception of evidence pursuant to the provisions of the Judicial Affidavit Rule, in order to simplify and expedite proceedings before the Commission.
SECTION 2. Issuance of Order for Preliminary Conference/or Scheduled Hearing with Respect to Motions and Incidents. — (a) The Hearing Officer shall advise the parties in the very first paragraphs of his Order that the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, entitled "Judicial Affidavit Rule," September 4, 2012), which may be downloaded from the Supreme Court website, http://sc.judiciary.gov.ph, is to be used henceforth in all actions to be filed before the Commission requiring the reception of evidence.
(b) The Hearing Officer shall thereafter direct the parties to file with the Commission and serve on the adverse party, personally or by licensed courier service, not later than five days before the preliminary conference or the scheduled hearing, the following:
(1) The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct testimonies; and
(2) The parties' documentary or object evidence, if any, which shall be attached to the judicial affidavits and correspondingly marked.
SECTION 3. Issuance of Warning to the Parties. — The Hearing Officer shall include, as a last paragraph of his Order, the following warning:
The Commission shall deny complete relief to the affiant who submits a Judicial Affidavit that contains even a single falsehood of a direct examination testimony by dismissing with prejudice the principal case or the counterclaim, as the case may be. In addition, the Commission shall immediately indorse the affiant and his judicial affidavit to the Office of the Prosecutor, Mandaluyong City, for violation of Articles 182 and 183 of the Revised Penal Code, as amended. (see the discussion in the case of Manuel Villareal v. Jesus M. Villareal, SEC Case No. 1174, 18 April 2016) CAIHTE
FOR STRICT AND IMMEDIATE COMPLIANCE.
By Authority of the Commission En Banc:
(SGD.) TERESITA J. HERBOSAChairperson
Cite This Law
Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012), SEC Memorandum Circular No. 04-16, May 5, 2016 (Philippines)
Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012), SEC Memorandum Circular No. 04-16 (Phil. 2016)
Related Laws
- Adopting the Judicial Affidavit RuleERC Resolution No. 13-12 • Oct 1, 2012 • Other Rules and Procedures
- Guidelines Implementing the JAR Adm. Matter No. 12-8-8-SC, in the CTACTA Circular No. 01-13 • Jul 1, 2013 • Other Rules and Procedures
- Judicial Affidavit Rule<--!09042012-->A.M. No. 12-8-8-SC (Resolution) • Sep 4, 2012 • Supreme Court Issuances
- Judicial Affidavit Rule<--!01082013-->A.M. No. 12-8-8-SC • Jan 8, 2013 • Supreme Court Issuances
- Re: Judicial Affidavit Rule<--!04072015-->A.M. No. 12-8-8-SC • Apr 7, 2015 • Supreme Court Issuances
- Suspension of the Implementation of the Judicial Affidavit Rule in Criminal ProsecutionsOCA Circular No. 146-12 • Dec 27, 2012 • Supreme Court Issuances
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