Jan 022014
 
Government prosecutors will be allowed to use past sworn statements instead of new “judicial affidavits” in criminal cases for another year.

This was after the Supreme Court, in a two-page resolution, extended until 2014 the modified Judicial Affidavit Rule (JAR) for public prosecutors.

“Acting on the recommendation of the Chairman of the Chief Justice Committee to address case congestion and delays, the court resolves to extend for another year, ending on 31 December 2014, the modified public prosecutors’ compliance with the provisions of the Judicial Affidavit Rule insofar as the prosecution of criminal cases is concerned,” the SC said.

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 approval of the JAR in 2012, the National Prosecution Office 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 eventually 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.

Private lawyers, however, were not covered by the modified JAR and were 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, which is under the Department of Justice, as well as 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. — Mark Merueñas/KBK, GMA News