Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions
OCA Circular No. 146-12, issued on December 27, 2012, announces the suspension of the implementation of the Judicial Affidavit Rule in criminal prosecutions, originally set to take effect on January 1, 2013. This decision follows a request from the Prosecutors' League of the Philippines for a one-year deferment to address concerns regarding the rule's application in criminal cases. The Court En Banc is scheduled to review this matter on January 8, 2013, but in the interim, Justice Abad recommends suspending the rule's implementation to allow for resolution of the issues raised. The circular applies to all relevant judicial bodies, including justices, judges, and arbiters.
Quick Answers
- What is Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions about?
- OCA Circular No. 146-12, issued on December 27, 2012, announces the suspension of the implementation of the Judicial Affidavit Rule in criminal prosecutions, originally set to take effect on January 1, 2013. This decision follows a request from the Prosecutors' League of the Philippines for a one-year deferment to address concerns regarding the rule's application in criminal cases. The Court En Banc is scheduled to review this matter on January 8, 2013, but in the interim, Justice Abad recommends suspending the rule's implementation to allow for resolution of the issues raised. The circular applies to all relevant judicial bodies, including justices, judges, and arbiters.
- What type of law is OCA Circular No. 146-12?
- Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions (OCA Circular No. 146-12) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions enacted?
- Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions (OCA Circular No. 146-12) was enacted on Dec 27, 2012.
- What is the citation for Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions?
- Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions, OCA Circular No. 146-12, Dec 27, 2012 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 146-12
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 27, 2012
OCA CIRCULAR NO. 146-12
| TO | : | All Justices of the Court of Appeals, Sandiganbayan and Court of Tax Appeals, Judges of the Trial Courts, the Investigating Officers and Bodies Authorized by the Supreme Court to Receive Evidence, Including the Integrated Bar of the Philippines and Arbiters of Special Courts and Quasi-Judicial Bodies Whose Rules of Procedure are Subject to Disapproval of the Supreme Court, Insofar as Their Existing Rules of Procedures Contravene the Provisions of This Rule |
| SUBJECT | : | Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions |
In a Resolution dated 4 September 2012 in A.M. No. 12-8-8-SC, the Court En Banc issued and promulgated the Judicial Affidavit Rule to take effect on 1 January 2013 (Section 12) in all actions, proceedings, and incidents requiring the reception of evidence before all the courts, as provided in Section 1 thereof. DaAETS
Section 9 of the said Rule provides how it shall apply to criminal actions.
However, the Prosecutors' League of the Philippines, in a letter dated 12 December 2012 addressed to the Honorable Chief Justice and Associate Justices, has requested the deferment of the implementation of the Judicial Affidavit Rule in criminal cases for at least one (1) year, pending the resolution of some issues raised.
On 21 December 2012, Associate Justices Diosdado M. Peralta, Lucas P. Bersamin and Roberto A. Abad met with the officers of the Prosecutors' League of the Philippines. Thereafter, Justice Abad drafted a recommendation to the Court En Banc for the deferment of the application of the Judicial Affidavit Rule for one (1) year from 1 January 2013 to 1 January 2014 under certain conditions.
Considering that the Court En Banc will not meet until 8 January 2013, Justice Abad is of the considered view that it may be more prudent for the justices, judges and arbiters concerned to suspend the implementation of the Judicial Affidavit Rule in criminal cases and await the resolution of the Court En Banc on the request of the Prosecutors' League of the Philippines.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Cite This Law
Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions, OCA Circular No. 146-12, Dec 27, 2012 (Philippines)
Suspension of the Implementation of the Judicial Affidavit Rule in Criminal Prosecutions, OCA Circular No. 146-12 (Phil. 2012)
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