Proper Taking of

JUDICIAL AFFIDAVIT
March 16, 2018
Claveria, Misamis Oriental
 What is a JUDICIAL AFFIDAVIT?

It takes the place of a

direct testimony of a
witness.
 What is a JUDICIAL AFFIDAVIT?

It shall be prepared in the

language known to the
witness and, if not in
English or Filipino,
accompanied by a
translation in English or
Filipino.
 Contents of a JUDICIAL AFFIDAVIT

(a) The name, age, residence or business address, and occupation of the
witness;
(b) The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being
held;
(c) A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability
for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers,
consecutively numbered;
(e) The signature of the witness over his printed name;
(f) A jurat with the signature of the notary public who administers the oath or
an officer who is authorized by law to administer the same;
(g) A lawyer’s attestation that he faithfully recorded or caused to be recorded
the questions he asked and the corresponding answers that the witness gave;
and that neither he nor any other person then present or assisting him
coached the witness regarding the latter's answers.
A. Name, Age, Residence or business address, and
Occupation of the Witness

“I, ALYANA AREVALO, 28 years old, single, Filipino,

photographer and resident of Claveria, Misamis
Oriental, after having been sworn to in
accordance with law hereby state as follows:”
B. The Name and Address of the Lawyer who conducts or
supervises the examination of the witness and the Place where
the Examination is being held
C. A Statement that the witness is answering the questions asked
of him, fully conscious that he does so under oath, and that he
may face criminal liability for false testimony or perjury

“The person examining me is Atty. Charmine May

Aminao with office address at Public Attorney’s
Office, BJS Building, Tiano – San Agustin Streets,
Cagayan de Oro City. The examination is being
held at Claveria, Misamis Oriental. I am answering
her questions fully conscious that I do so under
oath and may face criminal liability for false
testimony or perjury.”
D. Questions asked of the witness and his
corresponding Answers, consecutively numbered,
that:

(a) Show the circumstances under which the witness acquired the
facts upon which he testifies:

“Q1. Do you know Don Emilio, the accused in this case?

A1. Yes, ma’am.

Q2. How did you know him?

A2. I came to know him during a party where I was the
photographer.

Q3. Where did this happen?

A3. Here in Claveria, Misamis Oriental.

Q4. When?
A4. On March 1, 2018, ma’am.”
D. Questions asked of the witness and his
corresponding Answers, consecutively numbered,
that:

(b) Elicit from him those facts which are relevant to the issues that the
case presents:

“Q9. What happened when Don Emilio met Cardo Dalisay during that
evening?
A9. Don Emilio suddenly shot Cardo.

Q10. How were you able to see the shooting when it happened at
night?
A10. There was a lamppost at the place of the incident.

Q11. What was used by Don Emilio in shooting Cardo?

A11. A small pistol, ma’am.

Q12. What did Don Emilio do after he shot Cardo?

A12. He ran towards the opposite direction of the road.”
D. Questions asked of the witness and his
corresponding Answers, consecutively numbered,
that:

(c) Identify the attached documentary and object evidence and

establish their authenticity:

“Q15. You said you took a photograph of Don Emilio while he was
running away?
A15. Yes, I took a photograph.

Q16. Where is the photograph now?

A16. This is the one, ma’am. (Witness handing over a photograph)

The photograph, marked as Exhibit “A”, is attached to this Judicial

Affidavit.

Q17. What camera did you use in taking this photograph?

A17. My Sony camera, ma’am.”
E. The Signature of the Witness over his printed name;
F. A Jurat with the signature of the notary public who administers
the oath or an officer who is authorized by law to administer the
same;

“IN WITNESS WHEREOF, I have hereunto affixed my signature

this 16th day of March 2018 in Claveria, Misamis Oriental,
Philippines.

ALYANA AREVALO
Affiant

SUBSCRIBED AND SWORN TO before me this 16th day of March

2018 in Claveria, Misamis Oriental, Philippines.

ATTY. CHARMINE MAY AMINAO

Public Attorney’s Office”
G. Lawyer’s Attestation

“LAWYER’S ATTESTATION

I, ATTY. CHARMINE MAY AMINAO, of legal age, Filipino, with

office address at Public Attorney’s Office, BJS Building, Tiano – San
Agustin Streets, Cagayan de Oro City, after being sworn to in
accordance with law, hereby depose and state that:

1. I was the one who conducted the examination of the witness

at Claveria, Misamis Oriental, Philippines;
2. I faithfully recorded or caused to be recorded the questions I
asked and the corresponding answers of the witness;
3. No person coached the witness regarding her statements.”
G. Lawyer’s Attestation (Cont’n)

“IN WITNESS WHEREOF, I have hereunto affixed my signature

this 16th day of March 2018 in Claveria, Misamis Oriental,
Philippines.

ATTY. CHARMINE MAY AMINAO

Affiant

SUBSCRIBED AND SWORN TO before me this 16th day of

March 2018 in Claveria, Misamis Oriental, Philippines.

ATTY. SORAYA LAUT

Public Attorney’s Office”
 Points to
Consider in
Taking an
Affidavit
Only ask the relevant facts

Make it short, organized and simple (S.O.S)

Avoid vague statements

Check for consistency

Read it over to the affiant

 THANK YOU :)
–ATTY. SORAYA LAUT