MC No. 4 s.2016 - Guidelines to be Observed by Hearing Officers in Handling Petitions Pursuant to the Provisions of Judicial Affidavit Rule(A.A. N0. 12-8-8-SC), 9/4/12)

Republic of the Philippines Department of Finance Securities and Exchange Commission SEC Building, EDSA, Greenhills, Mandaluyong City S E C Memorandum Circular No. 4 Series of 2016 To All Hearing Officers of the Commission Subject Guidelines to be Observed by Hearing Officers in Handling Petitions pursuant to the Provisions of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC, September 4, 2012) SECTION 1. Purpose.--The following guidelines are to be observed by Hearing Officers in all actions, proceedings and incidents requiring the reception o f evidence pursuant to the provisions o f the Judicial Affidavit Rule, in order to simplify and expedite proceedings before the Commission. SEC. 2. Issuance of order for preliminary conference/or scheduled hearing with respect to motions and incidents.--(a) The Hearing Officer shall advise the parties in the very first paragraphs o f his Order that the Judicial Affidavit Rule ( A . M . No. 12-8-8-SC, entitled "Judicial Affidavit Rule," September 4, 2012), which may be downloaded from the Supreme Court website, http://sc.judiciary.gov.ph, is to be used henceforth in all actions to be filed before the Commission requiring the reception of evidence. (b) The Hearing Officer shall thereafter direct the parties to file with the Commission and serve on the adverse party, personally or by licensed courier service, not later than five days before the preliminary conference or the scheduled hearing, the following: (1) The judicial affidavits o f their witnesses, which shall take the place o f such witnesses' direct testimonies; and (2) The parties' documentary or object evidence, i f any, which shall be attached to the judicial affidavits and correspondingly marked. SEC. 3. Issuance of warning to the parties.--The Hearing Officer shall include, as a last paragraph o f his Order, the following warning: The Commission shall deny complete relief to the affiant who submits a Judicial Affidavit that contains even a single falsehood o f a direct examination testimony by dismissing with prejudice the principal case or the counterclaim, as the case may be. In addition, the Commission shall immediately indorse the Published: Philippine Daily Inquirer, May 13, 2016 Business Mirror, May 13, 2016

affiant and his judicial affidavit to the Office o f the Prosecutor, Mandaluyong City, for violation o f Articles 182 and 183 o f the Revised Penal Code, as amended, (see the discussion in the case o f Manuel Villareal v Jesus M. Villareal, SEC Case No. 1174, 18 April 2016) FOR STRICT A N D IMMEDIATE COMPLIANCE. May 5, 2016. By Authority o f the Commission En Banc: f �---� TERESITA J. HERBOSA Chairperson