OCA CIRCULAR NO. 146-2012 All Justices of the...
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Republic of the Philippines Supreme Court Office of the Court Administrartor Manila OCA CIRCULAR NO. 146-2012 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 2o12 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. 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.
Transcript of OCA CIRCULAR NO. 146-2012 All Justices of the...
Republic of the PhilippinesSupreme Court
Office of the Court AdministrartorManila
OCA CIRCULAR NO. 146-2012
A l l J u s t i c e s o f t h e C o u r t o f A p p e a l s ,Sandiganbayan and Court of Tax Appeals, Judgesof the Trial Courts, the Invest igat ing Officers andB o d i e s A u t h o r i z e d b y t h e S u p r e m e C o u r t t oReceive Evidence, including the Integrated Bar ofthe Philippines and Arbiters of Special Courts andQuasi-Judicial Bodies whose Rules of Procedureare Subject to Disapproval of the Supreme Court,i nso fa r as the i r Ex is t ing Ru les o f P roceduresContravene the Provisions of this Rule.
SUBJECT: Suspension of the Implementat ion of the JudicialAffidavit Rule in Criminal Prosecutions
In a Resolution dated 4 September 2o12 in A.M. No. 12-8-8-SC, the Court En Banc issued and promulgated the JudicialAffidavit Rule to take effect on 1 January 2013 (Section 12) in allactions, proceedings, and incidents requiring the reception ofevidence before all the courts, as provided in Section 1 thereof.
Section 9 of the said Rule provides how it shall apply tocriminal actions.
However, the Prosecutors' League of the Philippines, in aletter dated 12 December 2012 addressed to the Honorable ChiefJustice and Associate Justices, has requested the deferment of theimplementation of the Judicial Affidavit Rule in criminal cases forat 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 theofficers of the Prosecutors' League of the Philippines. Thereafter,Justice Abad drafted a recorrimendation to the Court En Banc forthe deferment of the application of the Judicial Affidavit Rule forone (1) year from 1 January 2013 to 1 January 2o14 under certainconditions.
Considering that the Court En Banc will not meet until 8January 2o13, Justice Abad is of the considered view that it maybe more prudent for the justices, judges and arbiters concerned tosuspend the implementation of the Judicial Affidavit Rule incriminal cases and await the resolution of the Court En Banc onthe request of the Prosecutors' League of the Philippines.
December 27, 2012
. iVIARQUF_,Z"-C-durt Administrator
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