Title
Lagon vs. Velasco
Case
G.R. No. 208424
Decision Date
Feb 14, 2018
A borrower challenged the Judicial Affidavit Rule, claiming it violated due process by requiring pre-trial submission of evidence; the Supreme Court upheld the rule, emphasizing its role in expediting proceedings and ensuring orderly justice.
judicial affidavits
right to due process
efficient court proceedings
A

Case Summary (G.R. No. 208424)

Factual Background

In December 2000, Armando Lagon obtained a cash loan from Gabriel Dizon in the amount of PHP 300,000, and issued PCIBank Check No. 0064914 dated January 12, 2001, to evidence payment. When presented, the check was dishonored for being drawn against insufficient funds. Dizon sent a demand letter dated May 6, 2011, and thereafter filed a Complaint for Sum of Money, Damages and Attorney’s Fees on June 6, 2011. Lagon answered on February 29, 2012, alleging payment of the loan. During pre-trial proceedings, the trial court directed parties to file pre-trial briefs and ultimately issued a Pre-Trial Conference Order on August 9, 2012.

Trial Court Order Challenged

At the initial trial on June 6, 2013, neither party filed judicial affidavits of witnesses. Hon. Dennis A. Velasco issued an Order dated June 6, 2013 permitting the plaintiff to submit judicial affidavits but imposing a fine of PHP 3,000 on the plaintiff and directing reimbursement of PHP 5,000 to the defendant for expenses; the Order further directed both parties to submit the judicial affidavits of their witnesses not later than five days prior to trial dates and warned that affidavits submitted late would not be admitted. Lagon received the Order on June 26, 2013 and filed a Motion for Partial Reconsideration on June 27, 2013, seeking permission to submit his witnesses’ judicial affidavits only after the plaintiff had adduced evidence, and asserting that Section 2 of the Judicial Affidavit Rule violated his right to due process.

Procedural History of the Petition

The trial court denied Lagon’s Motion for Partial Reconsideration by Order dated July 10, 2013, ruling that the requirement to submit judicial affidavits not later than five days before pre-trial or scheduled hearing under Section 2 of the Judicial Affidavit Rule did not violate due process. Lagon thereupon filed a Petition for Certiorari under Rule 65, Rules of Court before the Supreme Court, contending that the trial court committed grave abuse of discretion in compelling pre-trial submission of the defendant’s evidence and thereby infringing his procedural rights including the right to withhold evidence pending the plaintiff’s case.

The Issue Presented

The singular issue for the Court’s resolution was whether Section 2 of the Judicial Affidavit Rule, which requires parties to file judicial affidavits and documentary evidence not later than five days before pre-trial or preliminary conference or the scheduled hearing, offends a defendant’s right to due process by effectively compelling the defendant to present his evidence before the plaintiff rests.

Petitioner’s Contentions

Lagon argued that the Judicial Affidavit Rule forced defendants to adduce evidence simultaneously with plaintiffs, thereby conflicting with the established rule on demurrer to evidence which permits a defendant to opt to not present evidence and instead move for dismissal on the ground that the plaintiff failed to prove a right to relief. Lagon contended that the Rule thus stripped him of the due process right not to be compelled to adduce evidence, disrupted the order of trial provided by the Rules of Court, and interfered with the ability to present adverse, hostile, or unwilling witnesses or to obtain testimony by deposition or written interrogatories.

Respondent’s Contentions

Dizon and the trial court defended the assailed Order on the ground that enforcement of the Judicial Affidavit Rule cannot constitute grave abuse of discretion. Dizon emphasized that the Rule was promulgated by the Supreme Court to address case congestion and to expedite proceedings, and that it preserves procedural rights by affording notice and opportunity to be heard. He also noted that the Rule does not preclude a defendant from filing a demurrer to evidence when warranted, and that Lagon received notice and refused to comply with the trial court’s order.

Standard of Review

The Court reiterated that a petition for certiorari under Rule 65 is limited to correcting errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction. The petitioner bears the burden to prove grave abuse of discretion, which requires a showing of a capricious, whimsical, or arbitrary exercise of judgment so patent and gross as to amount to an evasion of a positive duty or virtual refusal to perform a duty enjoined by law.

Ruling of the Court

The Supreme Court denied the petition and affirmed the trial court’s Order. The Court held that enforcement of the Judicial Affidavit Rule by Hon. Dennis A. Velasco did not constitute grave abuse of discretion. The trial court acted within its duty in applying a rule duly promulgated pursuant to Article VIII, Section 5(5), 1987 Constitution, which grants the Supreme Court authority to promulgate rules of pleading, practice, and procedure.

Legal Basis and Reasoning

The Court recounted the genesis and purpose of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC), promulgated September 4, 2012, to reduce protracted litigation and case congestion and to hasten adjudication by substituting judicial affidavits for direct testimony. The Court observed empirical success in piloting the Rule and noted its directive application to various trial and appellate tribunals, subject to enumerated exceptions. The Court analyzed Section 2 of the Rule, which requires filing of judicial affidavits and exhibits not later than five days before pre-trial or scheduled hearing and prescribes penalties and possible waiver for noncompliance, as compatible with the Rules of Court

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