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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVII. EVIDENCE (A.M. No. 19-08-15-SC)D. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)

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Question

EVIDENCE (A.M. No. 19-08-15-SC): D. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)

Mr. Juan dela Cruz filed a complaint for damages against Mr. Jose Ramirez arising from a vehicular accident that occured on June 1, 2022. During the trial, Mr. dela Cruz presented the Judicial Affidavit of his witness, Dr. Sophia Hernandez, a medical expert, who testified on the injuries sustained by Mr. dela Cruz.

The defense counsel objected to the admissibility of Dr. Hernandez's Judicial Affidavit on the ground that it violated their right to cross-examine the witness and that it does not comply with the Judicial Affidavit Rule.

Examine the objections raised by the defense counsel and the admissibility of Dr. Hernandez's Judicial Affidavit.

  1. Discuss the requirements and procedures under the Judicial Affidavit Rule (A.M. No. 12-8-8-SC).
  2. Explain the admissibility of a Judicial Affidavit and the limitations of cross-examination under the said rule.

Answer

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