Prosecutor General Claro Arellano, head of the National Prosecution Service (NPS), told GMA News Online that he and other public prosecutors welcomed the recent resolution that extended the modified JAR until December 31 this year.
“In behalf of the prosecutors, I welcome the SC’s resolution as a manifestation of the Court’s sensitivity to the concerns of the stakeholders of the justice system of which the prosecution is a vital component,” said Arellano.
Under the JAR, parties are required to prepare judicial affidavits in place of the traditional and usually lengthy direct testimony in order to expedite the presentation of evidence.
Judicial affidavits are sworn statements containing the witness’ testimony in question-and-answer form.
Following the rule’s approval in 2012, the NPS complained that its prosecutors might not yet be ready to comply with the JAR as it would mean additional work for them on top of their already heavy workload.
In response, the high court issued a modified JAR, in which public prosecutors are allowed to use sworn statements that had been used during preliminary investigation or inquest in place of new judicial affidavits.
The modified version was only supposed to have been in effect until last December 31, 2013, until the high court extended it for the entire 2014.
The NPS is under the Department of Justice.
Asked if he thinks the NPS would have already been prepared by 2015 in case the SC no longer extends the modified JAR, Arellano said: “2015 pa naman iyon. Matagal pa.”
“Hopefully, ma-address lahat ng concerns ng NPS sa implementation ng JAR,” he added.
Private lawyers, however, were not covered by the modified JAR and are still required to prepare judicial affidavits for their clients.
In its latest resolution, the SC said it will later decide whether to extend the modification for another year or start requiring public prosecutors to observe the JAR starting January 1, 2014.
In the same resolution, the high court also instructed the NPS and the Prosecutors’ League of the Philippines to work closely with the SC Sub-Committee on the Revision of the Rules of Criminal Procedure over the JAR.
The NPS and the PLP should help “in developing comprehensive and truly meaningful changes that will minimize the problems of delay in the criminal justice system,” the SC said.
The SC sub-committee is headed by Associate Justice Diosdado Peralta. — KBK, GMA News
