Question

Remedial

Atty. Salvador represents plaintiff Gloria in a civil case for collection of sum of money pending before the Regional Trial Court (RTC) of Quezon City. The pre-trial conference was held on August 15, 2024, and a pre-trial order was issued on August 22, 2024, setting the initial presentation of Gloria's evidence on October 10, 2024. Under the pre-trial order, Gloria was required to submit her judicial affidavit at least five days before the hearing. On October 4, 2024 (six days before the hearing), Atty. Salvador filed Gloria's judicial affidavit. However, on October 9, 2024, Atty. Salvador filed an Urgent Motion to allow Gloria to testify directly instead of through her judicial affidavit because, according to Atty. Salvador, "the judicial affidavit format is too restrictive and does not allow the witness to fully express her testimony in a natural conversational manner." The defendant opposed the motion, arguing that Atty. Salvador cannot now abandon the judicial affidavit after voluntarily submitting it, and that there is no valid ground to excuse non-compliance with A.M. No. 12-8-8-SC. The RTC denied the motion. On appeal, Atty. Salvador argues that the Judicial Affidavit Rule is merely procedural and the trial court abused its discretion in denying the motion since it was filed before the scheduled hearing. Is Atty. Salvador correct? Explain. (Bar 2026 Syllabus)

0/1500
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