Page 1 of 6 Module TECHNICAL ENGLISH 2: Legal Forms Introduction: An investigation report is an

objective statement of the investigator’s findings. It is an official record of the information relevant to
the investigation which the investigator submits to his superior. The effectiveness of an investigator is
judged to a large extent by his investigation reports. The reputation of an investigator is measured to a
large extent by the kind of report he submits. The report on finished cases provides the vehicle for
higher headquarters to take action on the matter. Purposes of an Investigation Report: The investigator
writes his report in order to achieve the following objectives: At the end of this module, the learner
should be able to:  Recognize the essential part of Investigative Report Writing  Evaluate the Types of
Report Writers  Remember the Good Criteria of Investigation Report CHAPTER 1 Investigative Report
Writing Page 2 of 6 Module TECHNICAL ENGLISH 2: Legal Forms a. Record – The reports provide a
permanent official record of the relevant information obtained in the course if the investigation. b.
Leads – The reports provide other investigators with information necessary to further advance their own
investigation. c. Prosecution Action – The report is a statement of facts on which designated authorities
may base a criminal, corrective or disciplinary action. Criteria of a Good Investigation Report: a. It must
be grammatically correct. b. Abbreviation must be used appropriately and correctly. c. The report should
avoid slang, colloquialisms or unnecessary technical terms. Requisites of a Good Investigation Report: a.
Accuracy – The report should be a true representation of the facts to the best of the investigator’s
ability. Information both favorable and unfavorable to the suspect should be included. Information
should be verified by statements of other witnesses and by reference to official records or to other
reliable sources. b. Completeness – The question of “WHEN,” “WHO,” “WHAT,” “WHERE,” “WHY,” and
“HOW?” should be answered. The elements of the crime should be established, and the additional facts
developed should tend to prove these elements. The report should be documented by apprehending
important statements/ letters, findings of other agencies, and laboratory reports. c. Brevity – irrelevant
or unnecessary materials should be omitted. d. Fairness – the investigator should take the facts as he
finds them, and if ever he has theories, it must be consistent with these facts. e. Form and Style – The
arrangement of the materials presented should be in a manner which will make the report easy to read.
Form includes proper paragraphing, underscoring, capitalization, and heading. The report should be
written in the third person, the investigator referring to himself as the “investigator.” Page 3 of 6
Module TECHNICAL ENGLISH 2: Legal Forms f. Prompt – The report must be completed in a timely
manner. Your credibility may be opened to speculation if this rule is not followed. TYPES OF REPORT
WRITERS: a. Those who write without thinking. b. Those who write and think at the same time. c. Those
who think first and write afterwards. HOW THE INVESTIGATORS ARE RELATED ON REPORT WRITING: a.
Points Considered: 1. Conciseness 2. Clarity 3. Organization 4. Thoroughness 5. Accuracy 6. Adequacy
and pertinence of leads b. Errors of Form: 1. Misspelling 2. Typographical errors 3. Wrong file number 4.
Wrong block 5. Others of the same nature c. Errors of Substance: 1. Delay in the Investigation 2. Delay in
reporting 3. Omission in investigation whether intentional or not 4. Mis-statements of facts 5.
Incomplete description 6. Neglect to state that the subject is dangerous or has homicidal tendencies 7.
Failure to cover obvious leads 8. Inadequate interviews 9. Lack of imagination in solving the case
10.Improper handling of evidence 11.Failure to report having done things which obviously were done
Page 4 of 6 Module TECHNICAL ENGLISH 2: Legal Forms 12.Failure to include essential facts which show
jurisdiction, prosecutive action taken and basis for investigative steps taken. 13.Failure to include
essential facts which were undoubtedly available and known to the investigator. SUPERVISION OF
REPORTS: a. Assure Good Reports: 1. The Chief must sincerely want good reports. - He should insist on
training and insist that his men write good reports. 2. Standards of good reporting should be set up so
that all will know what is expected of them. - Training must be given so that the men will understand
what is expected of them. - Supervisory personnel must be trained to recognize basic errors in reports.
They must, of course, know the rules themselves. 3. Systems of spot-checking must be set up to make
sure that corrections are being made and to assure uniformity. - Do not sign the report unless it is
completely correct. If you do not check reports, you lose control over them. b. Protect the reputation of
the department and its officers. 1. Good reports reflect favorably on the officers preparing them and on
the department they represent. 2. Good reports help refute false charges against officers and
department they represent. The investigator should not be faulted too much for errors of form, but
errors of substance are seriously considered due to their effects on the lives of people and the agency
itself. Page 5 of 6 Module TECHNICAL ENGLISH 2: Legal Forms c. Methods of Supervision. 1. Tickler
system. 2. Assignment record. 3. All reports should be read and signed by the supervisory official.
APPROVED Standard Operating Procedure (SOP) IN THE INVESTIGATION OF CASES AT THE PNP. a. Upon
receipt of the case, the duty NCO/Desk Officer enters it in the complaint logbook/blotter and then refers
it to the OIC/Chief of the Investigation Unit. b. The OIC/Chief of the Investigation Unit assigns the case to
an investigator. The chief investigator should maintain a logbook of all the cases referred to him, either
in person or trough communications, recording therein the nature of the case, name of complainant, the
name of the investigator and the date it was assigned. Likewise, the Duty NCO/Desk officer should also
reflect upon the complaint logbook the name of the investigator to whom the particular case was
assigned. c. If the nature of the case so warrants, the officer-on-case should immediately respond to the
crime scene, conduct an ocular inspection and interview the complainant, witnesses, and all persons
who shed light on the case. d. Based on the initial investigation, the officer-on-case should prepare any
of the following Police Reports: 1. ALARM REPORT – for theft and robbery cases 2. ADVANCE
INFORMATION – for crime against person like murder, parricide, homicide, etc. 3. CRIME REPORT – for
all other cases like estafa, crimes against chastity, white slavery, etc. Do not let an officer’s report let you
see things that are not there. Evaluate it for what it is really worth. Be objective about it. It is possible
that the report is just a “story” and nothing more. Page 6 of 6 Module TECHNICAL ENGLISH 2: Legal
Forms 4. INFORMATION REPORT – for some cases initially taken cognizance of by a police station but
later turned over to or found out to be handled by a special operating support unit. 5. The investigator
should then take the sworn statements of the complainant(s), witnesses, and if possible, suspect(s). At
this stage, the officer-on-case should exert all efforts to unearth and gather all evidence relevant to the
case. 6. Invitations for suspect to appear before any investigating group should be signed by the Group
Commander and duly recorded in a book intended for this purpose. The result of invitation should be
reflected in the case folder to form part of the records of the case. 7. A PROGRESS REPORT should be
submitted by the investigator regarding the apprehension of suspects, recovery of evidence and all
other developments on the case. 8. Once suspect has been apprehended and duly investigated, the
officer-on-case should prepare the corresponding referral to the inquest fiscal/prosecutor for
appropriate recommendation. 9. Before the investigator files the case with the Prosecutor’s Office, the
case should first be endorsed, thru channel, to the Legal Division for appraisal, evaluation,
recommendation or legal advice and such other legal measures as maybe necessary. 10.A final
investigation report, using the format of the Progress Report, should be prepared by the investigator in
all cases involving high government agency or entity; big and essential case; or those involving
prominent personalities and those with insurance coverage. References: Technical Report Writing 2
POLICE REPORT INVESTIGATIVE WRITING By Prof. Normita Mercado

Page 1 of 7 Module TECHNICAL ENGLISH 2: Legal Forms CLASSIFICATION OF POLICE REPORTS: 1.

Informal Reports It is usually a letter or memorandum, or any of one of the many prescribed in day-
today police operations. It customarily carries three items besides the text proper, i.e., date submitted,
and persons or person to whom submitted. It may, however, contain many items of administrative
importance along with the subject matter of the text. Actually, most police reports may be placed in this
category. At the end of this module, the learner should be able to:  Evaluate the Classification of Police
Reports  Remember the Categories of Police Reports  Enumerate other reports Prepared by the
Investigator CHAPTER 2 Other Reports Prepared by the Investigator Page 2 of 7 Module TECHNICAL
ENGLISH 2: Legal Forms 2. Formal Reports A formal report suggests the full-dress treatment, including
the cover, title page, letter of transmittal, summary sheet, text, appendices, and perhaps an index and
bibliography. Police Reports are also classified according to purpose: 1. Performance Report It contains
information as to the status of an activity or operation. 2. Fact-finding Report It involves the gathering
and presentation of data in logical order, without attempt to draw conclusions. 3. Technical Report It
presents data on a specialized subject. 4. Problem-determining Report It attempts to find out the causes
of a problem or to find out whether or not a problem really exists. 5. Problem-solution Report It
analyzes the thought process that lies behind the solution of a particular problem. It may include all of
the elements found in the other types of reports, including presentation of data collected, discussion of
possible solutions to the problem, and an identification of the best solution. CATEGORIES OF POLICE
REPORTS: 1. Operational Reports Include those relating to the reporting of police incidents,
investigations, arrests, identification of persons, and miscellaneous reports necessary to the conduct of
routing operations. Page 3 of 7 Module TECHNICAL ENGLISH 2: Legal Forms 2. Internal Reports Relate to
the reporting necessary to the management of the police organization and include financial reports,
personnel reports, purchase reports, equipment reports, property maintenance reports, and general
correspondence. 3. Technical Reports Present data on any specialized subject, but usually related to
completed staff work, and add to the specific knowledge necessary to proper management. 4.
Summary-of-information Furnish intelligence information necessary to the solution of crimes, accidents,
and police administrative problems. In addition, police report in this category are in recognition of the
importance of public attitude toward police operations and serve the purpose of keeping executive and
legislative authority, and the general public informed as to the problems, progress, and need of the
police organization. OTHER REPORTS TO BE PREPARED BY THE INVESTIGATOR: 1. Spot Report It refers to
an immediate initial investigative or incident report addressed to the Higher Headquarters pertaining to
the commission of the crime, occurrence of natural or man-made disaster or unusual incidents involving
loss of lives and damage to properties. 2. After Operation Report It may be rendered after any successful
police operation that yield to the arrest of any member or some members of a syndicated crime group.
3. After SOCO Report It is rendered by the Team Leader of the SOCO who conducted the scene of the
crime operations, processing or investigation. Page 4 of 7 Module TECHNICAL ENGLISH 2: Legal Forms 4.
Case Operation Plan (COPLAN) Report It refers to a preparatory plan on how to carry out a case
operation. Case operations refer to a definite target-specific activity conducted in relation to an
intelligence project under which it is put into effect. Several case operations may fall under one (1)
intelligence project. Case operation is the last resort measure to pursue intelligence objectives when
normal police operations fail. 5. Summary of Information (SOI) It is an intelligence report rendered
regarding any illegal activity or violation of laws being observed by intelligence operatives within a given
area of responsibility. This is the usual basis of case operations, hence information received should be
cared, validated, counterchecked, analyzed and evaluated. 6. Coordination Report It is used as a means
of formal coordination to be made by the investigating agency with the police unit or military unit
having operational jurisdiction over the place where a police case operation shall be conducted. 7.
Background Investigation Report This intelligence report is very important in rendering the result of a
background investigation on any newly designated or appointed or assigned personnel of a uniformed
unit. Background, present activities, previous criminal records or administrative records and behavior of
the subject in the community especially in the place where he or she resides. OTHER TYPES OF POLICE
REPORTS: 1. Spot Reports A spot report is done after an important incident occurs in a certain area at a
given time. Verbal or written, it must be done or acted upon within twenty-four hours. The idea is to
inform an immediate chief, considering the fact that whatever happens in the area is his command Page
5 of 7 Module TECHNICAL ENGLISH 2: Legal Forms responsibility or those in higher positions must be
informed regarding the details of a particular occurrence. A spot report may use a radiographic message
form, especially if the reporting unit is far from the addressee or receiving office concerned. When using
a radiographic message form, the following must be indicated: originating office, cite numbers,
precedence action, precedence info, date-time group, text answering the 5w’s and 1h which are all
written in capital letters, and other. 2. Special Reports Special reports are done either because one feels
he has some reporting to do, or lower police unit or office is obligated based on the directive or an
instruction from the higher offices. 3. Progress Report A progress report has a follow-up effect. Is this a
follow-up of an initial report previously sent? Is this a follow-up of an investigation submitted before? Or
is this a follow-up of a project or a program? A progress report can simply be an accomplishment report
which may be analytical in nature and may be comparatively longer. This may be in memorandum form
or in radiographic message form. And it must have these important highlights: (1) why the report is
being made; (2) purpose and scope of the report; and (3) sources of information. If it is written in
memorandum form, the body of the report must contain the following: Authority for Investigation,
Details and Recommendations; or if written in Radiographic message form, the format of the spot report
shall adopt. 4. Investigation Reports In criminal investigations, the arrangement of the material
presented in an investigation report follows a certain pattern. The idea is for the report to be easily read.
The form is similar to the memorandum form except that the text or body should include the following
parts: AUTHORITY, MATTERS INVESTIGATED, FACTS OF THE CASE, DISCUSSION, and
RECOMMENDATIONS. If a part is not important because it is included in Page 6 of 7 Module TECHNICAL
ENGLISH 2: Legal Forms another part it may be excluded. Parts are capitalized, and followed by a colon.
All the paragraphs composing the text of the report are numbered consecutively in Arabic numerals. The
investigator signs the report. On top of the letterhead, and on the lower fold of the paper, the word
CONFIDENTIAL is typed or stamped. 5. Beat Inspection Report or After-Patrol Reports Beat inspection
report is one of the most common forms of written communications. It is submitted daily by the duty
beat supervisor. This report differs from the after-patrol report in terms of movement. Those on beat
inspection do their routine check on foot; and those on patrol, check their assigned sectors by using
patrol cars. As to form, the beat inspection report and after-patrol report use the memorandum format.
Beat inspection reports and after-patrol reports are submitted daily by the beat patrol supervisors, each
one presumed to have done an eight-hour tour of duty with their members. 6. Situation Reports
(SITREP) The situation report is similar to the patrol report. Both are submitted every eight hours.
However, while the patrol report is done on a regular basis daily, the SITREP is done on a need-only
basis. 7. Formal Report Essentially, a formal report is a presentation of facts or ideas. Sometimes, this
written work is lengthy. A long, formal report usually contains the following basic part: Introduction,
Summary, Body, Conclusions, and Recommendations. Sometimes, the subject matter of the report may
not require a conclusion because the report may just be a fact-finding one; therefore, a personal
observation is not necessary. If conclusions and recommendations are not asked for, the writer must use
his best judgment. All in all, a complete formal report must consist of the following parts: cover, title
page, letter of transmittal, table of contents, introduction or preface, summary, body of the report, Page
7 of 7 Module TECHNICAL ENGLISH 2: Legal Forms conclusions, recommendations, and supplemental
materials like appendices, among others. References: Technical Report Writing 2 POLICE REPORT
INVESTIGATIVE WRITING By Prof. Normita Mercado

Page 1 of 7 Module TECHNICAL ENGLISH 2: Legal Forms INTRODUCTION Definition of the following
terms: Record is oral or written evidence that have been gathered or collected for decision making.
Records refer to all papers, books, book maps, and photographs or other documentary materials
regardless of physical form or characteristics, made or received by law enforcement agency in
pursuance of its legal obligations. Records Management is a function of administrative management,
business operations and education concerned with the creation (forms, reports, correspondence and
directives), protection (housing and disaster insurance), retention (inventories, schedule and center
operations), retrieval (duplication and location of information) preservation (history/archives) of records
and At the end of this module, the learner should be able to:  Define Police Records Management 
Remember the Definition of Terms  Enumerate the functions and uses of records CHAPTER 3 Police
Records Management Page 2 of 7 Module TECHNICAL ENGLISH 2: Legal Forms records information
required for the continuance of government, business and industry operations at cost consistent with
the services involved. Records Center is facility, sometimes specially designed and constructed for the
low-cost and efficient storage and furnishing or reference service on semi-current/non -current records
with suitable protection pending their ultimate disposition. Records Office is the local point of the
agency where records are received, released and maintained for future use. Records Custodian is a
qualified officer who shall coordinate across the department lines on their records activities and shall
have the responsibility and control of all the records holding of the agency in her/his possession. File is a
folder containing records. Coding System is used to speed the sorting and filing of records. Retention
Period is the specific period of time established and approved by competent authority after which a
given set of files is deemed ready to permanent storage of destruction. Indexing Records is the act of
determining the subject of subjects, which may be the names of individuals, names of functions, or
names of topics under which the records are to be filed and cross-referred according to an established
plan for files. Importance of Police Records A police department is only as good as its records keeping
capabilities. The effectiveness of a police department is directly relating to the quality of its record
system. They are the primary means of communication among the members of the police department
and have as them purpose the integration of the various department units into an integrated
organization for accomplishing the police task. Records are essential in the efficient performance of
routine duties, in the wise direction of the police effort, in supervision and control of personnel, and in
the determination of departmental policy. Page 3 of 7 Module TECHNICAL ENGLISH 2: Legal Forms
Functions and Uses of Records A clear understanding of the functions and uses of the fundamental
police records is essential in the development of an adequate police records system. The police records
shall have the following specific functions and uses: a. Measure policy efficiency; b. Present the
community’s crime picture; c. Assist in assigning and promoting personnel; d. Identify individuals; e.
Provided a basis for property accountability; f. Control investigation; g. Make information available to
the public; h. Increase the efficiency of traffic control; i. Assist the courts and prosecutors; j. Assist in
evaluating control services; k. Coordinate custodial activities; l. Integrate the department; m. Furnish
data for the budget; n. Establish responsibility; o. Reveal unusual problem; p. Aid in the apprehension of
criminals; q. Assist other police agencies; r. Provide the basis for computation of police statistics; and s.
Affective employment of personnel and equipment. Types of Police Records The records of police force
shall be classified into five categories, namely: a. Case Records A case records is composed of two
categories 1. Complaint/Assignment Sheet which reflects all information regarding complaints and
reports received by the police from citizens and other agencies, or actions initiated by the police. Page 4
of 7 Module TECHNICAL ENGLISH 2: Legal Forms 2. Investigation Report which contains the findings and
action taken by the investigating officer based on inquiries made and by obtaining the available facts of
the incident. b. Arrest and Booking Records – This record maintains the arrest and jail booking report
which is required for all persons arrested. It is made in full on each person arrested. It shall bear an
arrest number for each arrest made. c. Identification Record - It is the third major division of police
records. Fingerprint records are the heart of any identification system. It provides positive identification
and the police must supplement it with a record of physical characteristics and in some cases a
photograph of the criminal. Identification records have their own number series, and identification
number is assigned to each criminal to identify records relating to him. d. Administrative Records - These
are records required in the management of the department's personnel and designed to aid in
assignments, promotion and disciplinary action. Such records are so essential in administering personnel
matters that they must be maintained in a police department. e. Miscellaneous Records - These are
records which are not related to recorded complaints and investigation reports but are informational in
character. Recording and Filing System The nature of police work justifies emphasis on criminal records.
To be fully effective, a police records system must: 1) Be comprehensive and include every incident
coming to the attention of the police; 2) Be adequately indexed to permit ready reference; 3) Be
centralized to provide adequate control and maximum utilization of clerical personnel; 4) Be as simple as
possible, consistent with adequacy: and Page 5 of 7 Module TECHNICAL ENGLISH 2: Legal Forms 5) Lend
itself to summarization and analysis to permit continuing appraisal of the police service. Class Records It
is the heart of any police records system. It is the basis for an analysis of offenses and the methods by
which they are committed. The following are the different types of police reports included under the
case records: a. Complaint/Assignment Sheet b. Investigative Report. c. Case Report d.
Supplemental/Progress/Final Report e. Continuation Report f. Technical Report g. Accident Report h.
Wanted Person Report i. Daily Record of Events Arrest and Booking Records These reports are required
for all persons arrested. The following are the different types of police reports included under the arrest
and booking records: a. Arrest Report b. Booking Report c. Prisoner's Property Record Page 6 of 7
Module TECHNICAL ENGLISH 2: Legal Forms Identification Records The various identification records for
the identification of criminals and other individuals now extensively used in police departments shall
include the following: a. Fingerprint Record b. Criminal Fingerprint c. Civilian Fingerprint d. Alien
Fingerprint e. Criminal Specialty File f. Administrative Records Administrative Records include: a.
Personnel Records b. Correspondence Files c. Memoranda, Orders, Policy Files, etc. d. Assignment
Record e. Other Administrative Records Miscellaneous Records a. Register of aliens within the city or
municipality obtained from the Immigration Commission and/or other sources, b. List of firearm holders
from the PNP: c. List of incumbent cities, municipal and barrio officials and their addresses; d. List of
Labor unions, cooperative associations, civic, professional, social and religious organization, industrial
plants, movie houses, etc.; e. List and description of all army camps and mobilization centers; f. Facts
about the locality indicating districts, barrios, sitios, roads, bridges, centers of population, voters, and
the like; g. Copies of ordinances and penal laws; Page 7 of 7 Module TECHNICAL ENGLISH 2: Legal Forms
h. Roster of AFP reservists (Obtainable from military sources) showing current addresses; i. List of
private and security agencies; and j. List of parolees, pardoned and released criminals and their
addresses References: Technical Report Writing 2 POLICE REPORT INVESTIGATIVE WRITING By Prof.
Normita Mercado

Page 1 of 4 Module TECHNICAL ENGLISH 2: Legal Forms INTRODUCTION To meet the exacting
requirements of the police service, the total records system must be oriented toward providing certain
classes of information on a random basis, and still ensure the integrity and security of the files. Integrity
centers on the honesty of the reporting effort and on the maintenance of complete files. At the end,
there is accurate reporting and easy monitoring of the contents of the records files. Administrative
Controls All records maintained by the department should be considered irreplaceable. This means that
no original document should be released unless to At the end of this module, the learner will be able to:
 Interpret administrative controls of record  Remember the basic numbering system CHAPTER 4
Basic Numbering System of Police Reports Page 2 of 4 Module TECHNICAL ENGLISH 2: Legal Forms an
authorized individual as established by specified criteria. Moreover, only trained records personnel
should be permitted to retrieve or replace records. As a public agency, the police department has an
obligation to provide citizens with certain information in accordance with legal requirements and
departmental policy. To this end, copies of appropriate police reports should be provided if proper
requests are made. While a reasonable fee for copies may be charged to citizens, waivers-of-fee should
be granted to all law enforcement agencies and for supported bodies on a reciprocal basis, The records
access policy must be compatible with departmental policy governing relations with media and rules
established by the court. Officers requiring copies of reports for court appearances should request in
writing the proper number of copies in advance of trial dates, The record processing areas should be
physically secured from unauthorized personnel, and files and other storage devices should be designed
to prevent tampering pilferage if left unattended. Basic Numbering System The establishment of several
basic numbering systems to match the types of files maintained will assist in the control and audit
processes. A department should adopt three basic numbering systems; all major files should be in
consonance and compatible with them. The records control and audit system include: 1) Case Report
Numbers - it is the primary control number for all police reports; it should be issued at the time a
complaint or call is received by the department, maintained through completion of the case, and
thereafter. It should be assigned by the dispatcher to traffic accidents as well as crimes and noncriminal
incidents and noted on all materials relevant to each case. It is desirable that the dispatcher assign the
number as he is the first police employee to learn of most crimes, accidents, and other incidents
requiring police service. If he assigns case number to each and every request for service, most cases will
be recorded officially as soon as they become known to the Page 3 of 4 Module TECHNICAL ENGLISH 2:
Legal Forms department. This avoids discrepancies concerning the general nature of the original request
and time of occurrence or notification of the police. It also ensures that the sequence of case numbers
matches as early as possible the order in which the cases were brought to the attention of the police.
When case reports are filed sequentially by report number, the department can sort groups of cases by
time sequence. The numbers are important to external audit control; without them, cases can remain
unreported, be lost, or misfiled. If certain cases are not numbered, are out of time sequence, have no
number, and are missing, the completeness and the integrity of the case report file system is destroyed.
2) Arrest numbers (sometimes known as central booking numbers) are issued to persons actually
arrested and booked. Because the arrest report file is controlled by the same methods as the case
report file, all arrest numbers should be issued by the dispatcher or by the arrest and personal
identification unit of the records element through the dispatcher. Control and audit responsibility should
be outside the field operations elements and the detention staff. Arrest reports should be made out by
the arresting officer immediately following an arrest. The arrest number, as well as the case report
number should be marked clearly on the report; a person should receive a new number each time he is
arrested, regardless of the charges or circumstances. 3) Personal Identification Number - when an
arrested person is fingerprinted or photographed, a third number, known as personal identification
number should be issued from an identification number ledger. This number is issued only once to an
individual regardless of the number of times he is arrested. This number should be issued by the arrest
and personal identification service detail. Page 4 of 4 Module TECHNICAL ENGLISH 2: Legal Forms
References: Technical Report Writing 2 POLICE REPORT INVESTIGATIVE WRITING By Prof. Normita
Mercado

Page 1 of 6 Module TECHNICAL ENGLISH 2: Legal Forms Affidavit An affidavit is a written statement of
facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to
do so by law. The affidavit is the foundation of the writ, and if none be filed, or one be filed which wholly
fails to set out some facts required by law to be stated therein, there is no jurisdiction and the
proceedings are null and void. Complaint defined. — A complaint is a sworn written statement charging
a person with an offense, subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated. (Rule 110, Sec. 3, The Revised Rules of Criminal
Procedure) At the end of this module, the learner will be able to:  Classify the Affidavit based on their
purpose  Recognize the Affidavit forms CHAPTER 5 Affidavit of Arresting Officers, Complaint, and
Witness Page 2 of 6 Module TECHNICAL ENGLISH 2: Legal Forms Witnesses; their qualifications. —
Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can
make their known perception to others, may be witnesses. Religious or political belief, interest in the
outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for
disqualification. (Rule 130, Sec. 20, The Revised Rules on Evidence) The most common form of evidence
is the testimony of witnesses. A witness can be a person who actually viewed the crime or other event at
issue, or a witness can be a person with other relevant information-someone who heard a dog bark near
the time of a murder, or who saw an allegedly injured plaintiff lifting weights the day after his accident,
or who shared an office with the defendant and can describe her character and personality. Any
competent person may testify as a witness, provided that the testimony meets other requirements, such
as relevancy." (Http://legal-dictionary. thefreedictionary.com/Evidence/last accessed December 16,
2015) A testimony is "evidence given by a competent witness under oath or affirmation, as distinguished
from evidence derived from writing and other sources." (Gifis, Dictionary of Legal Terms [2016 Fifth
Edition), p. 583) Generally, the function of a "witness" ("testis" in Latin) is to give testimonial evidence
(or testimony) in court. Evidence is credible when it is such as the common experience of mankind can
approve as probable under the circumstances. (People v. Meneses, 288 SCRA 95) There is no test of the
truth of human testimony except its conformity to our knowledge, observation and experience.
Whatever is repugnant to these belongs to the miraculous and is outside of judicial cognizance. (People
v. Amor, 133 SCRA 384) It is elementary that evidence to be believed must not only proceed from a
credible witness but must be credible in itself. (People v. Marti, 193 SCRA 57 (1991]; People v. Malbago,
185 SCRA 311 [1990]; People v. Dayag, 56 SCRA 439) Page 3 of 6 Module TECHNICAL ENGLISH 2: Legal
Forms Page 4 of 6 Module TECHNICAL ENGLISH 2: Legal Forms Page 5 of 6 Module TECHNICAL ENGLISH
2: Legal Forms Page 6 of 6 Module TECHNICAL ENGLISH 2: Legal Forms References: 
http://www.pnp.gov.ph/index.php/resources/forms/ forms-3  Atty. Victor Tulalian – Evidence with
study helps  Rules on Evidence

Page 1 of 11 Module TECHNICAL ENGLISH 2: Legal Forms MODES OF DISCOVERY Deposition is one of the
modes of discovery available to the parties to a case as a means of informing themselves of all the
relevant facts. Generally, they are not meant to be a substitute for the actual testimony in open court of
a party or witness, on the ground that it is hearsay since the party against whom it is offered has no
opportunity to cross-examine the deponent at the time his testimony is offered at the trial or hearing.
But there are also instances when depositions may be used without the deponent being called to the
witness stand. No. Section 1, Rule 23 of the Rules of Court clearly provides that the testimony of any
person may be taken by deposition upon oral examination or written interrogatories at the instance of
any party. They are allowed as a departure from the accepted and usual judicial proceeding of
examining witnesses in open court where their demeanor could be observed by the trial At the end of
this module, the learner will be able to:  Understand the Modes of Discovery and Perpetuation of
Testimony  Apply on where to file a search warrant CHAPTER 6 Application for Search Warrant,
Complaint, and Deposition of Witness Page 2 of 11 Module TECHNICAL ENGLISH 2: Legal Forms judge;
and the procedure is not on that account rendered illegal nor is the deposition thereby taken,
inadmissible. Such deposition may be used by any party for any purpose if the court finds (1) that the
witness is dead; or (2) that the witness is out of the province or at greater distance than 100 kilometers
from the place of trial and hearing, or is out of the Philippines, unless it appears that his absence was
procured by the party offering the deposition; or (3) that the witness is unable to attend to testify
because of age, sickness or infirmity or imprisonment; or (4) that the party offering the deposition has
been unable to procure the attendance of the witness by subpoena; or (5) that such exceptional
circumstances exist allowing the use of the deposition as to make it desirable in the interest of justice
and with due regard to the importance of presenting the testimony of witnesses orally in open court
(Section 4, Rule 23, Rules of Court). In any event, the admissibility of the deposition does not preclude
the determination of its probative value at the appropriate time. The admissibility of evidence should
not be equated with weight of evidence. The admissibility of evidence depends on its relevance and
competence, while the weight of evidence pertains to evidence already admitted and its tendency to
convince and persuade (San Luis vs. Rojas etc. G.R. 159127, March 3, 2008). PERPETUATION OF
TESTIMONY A. To perpetuate is to preserve for future use. Rule 134 governs the procedure on how a
party or witness may preserve his testimony because the person may not be available to personally
testify in Court during the trial of a case in which he may be involved, and therefore the purpose is
prevent the loss or unavailability of the testimony. B. The depositions are of two kinds: Page 3 of 11
Module TECHNICAL ENGLISH 2: Legal Forms 1. Depositions de bene esse: one filed after a case has
already been filed in court, i.e to preserve testimony in danger of being lost before the witness can be
examined in court Examples: a) the witness scheduled to leave abroad with no possibility of returning b)
the witness is so sick and might die 2. Depositions perpetuam rei memoriam: one taken in anticipation
of a case not yet filed in court A. The requirement of notice to the adverse party(ies) is essential. It
cannot be used against a party who was not named in the Petition or not issued a notice of the date and
place of the hearing. B. The deposition may be taken by oral testimony or by written interrogatories, as
directed by the court. 1. In oral testimony, the court may designate before whom the testimony shall be
taken. The witness undergoes the stages of direct, cross, re-direct t and re-cross, examinations, which
are duly recorded, including objections by the parties. 2. If the witness is no longer available for personal
testimony during the trial, the testimony as, recorded becomes his testimony in court. SEARCH AND
SEIZURE Section 1. Search warrant defined. – A search warrant is an order in writing issued in the name
of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court.  A search warrant is an
order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a
peace officer, commanding him to search for personal property described therein and bring it before the
court. Page 4 of 11 Module TECHNICAL ENGLISH 2: Legal Forms What is the concept of a search
warrant?  It is a criminal process akin to a mode of discovery  It is a special and peculiar remedy,
which is drastic in nature Are search and seizures prohibited under the constitution?  No. The
constitutional guarantee embodied in Article 3, Section 2 of the Constitution is not a blanket prohibition
against all searches and seizures as it operates only against unreasonable searches and seizures When is
the search or seizure unreasonable?  A search and seizure are unreasonable if it is made without a
warrant, or the warrant was invalidly issued.  In all instances, what constitutes reasonable or
unreasonable search or seizure is a purely judicial question determinable from a consideration of the
attendant circumstances. What are the three situations wherein there must be finding of probable
cause? 1. Probable cause in filing of an information  Facts and circumstances that would engender a
well-grounded belief that a crime has been committed and the person to be charged is probably guilty
thereof 2. Probable cause in the issuance of a search warrant  Facts and circumstances that would lead
a reasonable discreet and prudent man to believe that there has been a crime committed and the things
and objects connected to the crime committed are in the place to be searched 3. Probable cause in the
issuance of a warrant of arrest  Facts and circumstances that would engender a well-grounded belief
that a crime has been committed and the person to be arrested committed it Page 5 of 11 Module
TECHNICAL ENGLISH 2: Legal Forms Why are the requirements for the issuance of a search warrant more
stringent than the requirements for the issuance of a warrant of arrest?  The right against
unreasonable search and seizure is a core right implicit in the natural right to life, liberty and property.
Even in the absence of a constitution, individuals have a fundamental and natural right against
unreasonable search and seizure under natural law.  Moreover, the violation of the right to privacy
produces a humiliating effect that cannot be rectified anymore.  This is why there is no other
justification to speak of for a search, except for a warrant.  On the other hand, in a warrant of arrest,
the person to be arrested can always post bail to prevent the deprivation of liberty. Sec. 2. Court where
application for search warrant shall be filed. – An application for search warrant shall be filed with the
following: (a) Any court within whose territorial jurisdiction a crime was committed. (b) For compelling
reasons stated in the application, any court within the judicial region where the crime was committed if
the place of the commission of the crime is known, or any court within the judicial region where the
warrant shall be enforced. However, if the criminal action has already been filed, the application shall
only be made in the court where the criminal action is pending. Where should one file an application for
search warrant? • As a general rule, any court within whose territorial jurisdiction a crime was
committed BUT FOR COMPELLING REASONS stated in the application, any court within the judicial
region where the crime was committed if the place of the commission of the crime is known, or any
court within the judicial region where the warrant shall be enforced.  For example, a drug syndicate
keeps his drugs in a warehouse in Pasay for the reason that it has connections in Pasay and can easily
get a tip when the police officers will file for a search warrant. To avoid the drug syndicate from getting a
tip of the impending search, the police officers apply for a search warrant in Makati stating the
compelling reason. Page 6 of 11 Module TECHNICAL ENGLISH 2: Legal Forms • However, if the criminal
action has already been filed, the application shall only be made in the court where the criminal action is
pending. Sec. 3. Personal property to be seized. – A search warrant may be issued for the search and
seizure of personal property: (a) Subject of the offense; (b) Stolen or embezzled and other proceeds, or
fruits of the offense; or (c) Used or intended to be used as the means of committing an offense. Page 7
of 11 Module TECHNICAL ENGLISH 2: Legal Forms Page 8 of 11 Module TECHNICAL ENGLISH 2: Legal
Forms Page 9 of 11 Module TECHNICAL ENGLISH 2: Legal Forms Page 10 of 11 Module TECHNICAL
ENGLISH 2: Legal Forms Page 11 of 11 Module TECHNICAL ENGLISH 2: Legal Forms References: 
http://www.pnp.gov.ph/index.php/resources/forms/forms-3 
https://www.philstar.com/opinion/2008/04/09/54995/mode-discovery  https://batasnatin.com/law-
library/remedial-law/evidence/1093- perpetuation-of-testimony.html  https://batasnatin.com/law-
library/remedial-law/criminal-procedure/698- search-and-seizure.html

Page 1 of 11 Module TECHNICAL ENGLISH 2: Legal Forms Law, Nature and Purpose of Preliminary
Investigation in the Philippines Rule 112 of the 2000 Rules of Criminal Procedure governs the conduct of
a preliminary investigation. A preliminary investigation is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial. Preliminary investigation is the
proceeding where the public prosecutor is given broad discretion to determine whether probable cause
exists for the purpose of filing a criminal information in court. This is an executive determination of
probable cause. A preliminary investigation is required to be conducted before the filing of a complaint
or information for an offense where the penalty prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine. At the end of this module, the learner will be able to:
 Understand the Law, Nature and Purpose of Preliminary Investigation  Apply on where to file a
Preliminary Investigation, Motion for Reconsideration, and Appeal CHAPTER 7 Memo for Preliminary
Investigation, Motion for Reconsideration, and Notice of Appeal Page 2 of 11 Module TECHNICAL
ENGLISH 2: Legal Forms Who are the officers authorized to conduct preliminary investigations? The
following may conduct preliminary investigations: 1. Provincial or City Prosecutors and their assistants;
2. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts; 3. National and Regional State
Prosecutors; and 4. Other officers as may be authorized by law. Their authority to conduct preliminary
investigations shall include all crimes cognizable by the proper court in their respective territorial
jurisdictions. How shall preliminary investigation be conducted? A complaint must be filed which shall
state the address of the respondent and shall be accompanied by the affidavits of the complainant and
his witnesses, as well as other supporting documents to establish probable cause. They shall be in such
number of copies as there are respondents, plus two (2) copies for the official file. The affidavits shall be
subscribed and sworn to before any prosecutor or government official authorized to administer oath, or,
in their absence or unavailability, before a notary public, each of who must certify that he personally
examined the affiants and that he is satisfied that they voluntarily executed and understood their
affidavits. Within ten (10) days after the filing of the complaint, the investigating officer shall either
dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent
attaching to it a copy of the complaint and its supporting affidavits and documents. The respondent shall
have the right to examine the evidence submitted by the complainant. Within ten (10) days from receipt
of the subpoena with the complaint and supporting affidavits and documents, the respondent shall
submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for
his defense. The counter-affidavits shall be subscribed and sworn to and certified, with copies thereof
furnished by him to the complainant. The respondent shall not be allowed to file a motion to dismiss in
lieu of a counter-affidavit. Page 3 of 11 Module TECHNICAL ENGLISH 2: Legal Forms If the respondent
cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day
period, the investigating officer shall resolve the complaint based on the evidence presented by the
complainant. The investigating officer may set a hearing if there are facts and issues to be clarified from
a party or a witness. The parties can be present at the hearing but without the right to examine or cross-
examine. They may, however, submit to the investigating officer questions which may be asked to the
party or witness concerned. The hearing shall be held within ten (10) days from submission of the
counter-affidavits and other documents or from the expiration of the period for their submission. It shall
be terminated within five (5) days. Within ten (10) days after the investigation, the investigating officer
shall determine whether or not there is sufficient ground to hold the respondent for trial. What happens
if there is no probable cause? The investigating prosecutor shall recommend the dismissal of the
complaint if he finds no cause to hold the respondent for trial. What happens if there is probable cause?
If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the
resolution and information. He shall certify under oath in the information that he, or as shown by the
record, an authorized officer, has personally examined the complainant and his witnesses; that there is
reasonable ground to believe that a crime has been committed and that the accused is probably guilty
thereof; that the accused was informed of the complaint and of the evidence submitted against him;
and that he was given an opportunity to submit controverting evidence. Within five (5) days from his
resolution, he shall forward the record of the case to the provincial or city prosecutor or chief state
prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in
the exercise of its original jurisdiction. They shall act on the resolution within Page 4 of 11 Module
TECHNICAL ENGLISH 2: Legal Forms ten (10) days from their receipt thereof and shall immediately
inform the parties of such action. No complaint or information may be filed or dismissed by an
investigating prosecutor without the prior written authority or approval of the provincial or city
prosecutor or chief state prosecutor or the Ombudsman or his deputy. In the case of Quisay vs. People,
G.R. No. 216920, 13 January 2016, the Supreme Court pronounced that Information filed by the
Assistant City Prosecutor (ACP) of Makati City is void if there was no prior written authority from the City
Prosecutor, even if the information contained a certification that the ACP had prior written authority
from the City Prosecutor. Where the investigating prosecutor recommends the dismissal of the
complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists, the latter may,
by himself, file the information against the respondent, or direct any other assistant prosecutor or state
prosecutor to do so without conducting another preliminary investigation. If upon petition by a proper
party under such rules as the Department of Justice may prescribe or motu proprio, the Secretary of
Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor,
he shall direct the prosecutor concerned either to file the corresponding information without
conducting another preliminary investigation, or to dismiss or move for dismissal of the complaint or
information with notice to the parties. The same rule shall apply in preliminary investigations conducted
by the officers of the Office of the Ombudsman. Is hearsay evidence admissible in Preliminary
Investigation? In the case of Senator Estrada vs. Office of the Ombudsman, et. al., G.R. Nos. 212140-41,
21 January 2015, the Supreme Court answered in the affirmative, to wit: “Probable cause can be
established with hearsay evidence, as long as there is substantial basis for crediting the hearsay. Hearsay
evidence is admissible in determining probable cause in a preliminary investigation because such
investigation is merely preliminary, and does not finally adjudicate rights and obligations of parties.”
Page 5 of 11 Module TECHNICAL ENGLISH 2: Legal Forms What is a motion for reconsideration? A
motion for reconsideration is a prime opportunity to seek relief from a Court Order. RULE 52, Rules of
Court – Civil Procedure Motion for Reconsideration Section 1. Period for filing. — A party may file a
motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof,
with proof of service on the adverse party. Section 2. Second motion for reconsideration. — No second
motion for reconsideration of a judgment or final resolution by the same party shall be entertained.
Section 3. Resolution of motion. — In the Court of Appeals, a motion for reconsideration shall be
resolved within ninety (90) days from the date when the court declares it submitted for resolution.
Section 4. Stay of execution. — The pendency of a motion for reconsideration filed on time and by the
proper party shall stay the execution of the judgment or final resolution sought to be reconsidered
unless the court, for good reasons, shall otherwise direct. RULE 122 - APPEAL Section 1. Who may
appeal. – Any party may appeal from a judgment or final order, unless the accused will be placed in
double jeopardy. Is appeal part of due process? • Appeal is a purely statutory and isn’t part of due
process except when provided by law • If the right to appeal is granted by law, it becomes part of due
process, and it must be exercised in accordance with the procedure laid down by law. It is compellable
by mandamus. Page 6 of 11 Module TECHNICAL ENGLISH 2: Legal Forms Sec. 2. Where to appeal. – The
appeal may be taken as follows: (a) To the Regional Trial Court, in cases decided by the Metropolitan
Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court; (b) To
the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases decided by
the Regional Trial Court; and (c) To the Supreme Court, in cases decided by the Court of Appeals. Where
does one file an appeal? • If the case was decided by the MTCs, the appeal should be made with the RTC
• If the case was decided by the RTCs, the appeal should be made with the CA or SC in proper cases
provided by law • If the case was decided by the CA, the appeal should be filed with the SC Notice of
Appeal A notice of appeal—a written document filed by the appellant with the court and a copy of which
is sent to the appellee—is the initial step in the appeals process. It informs the court and the party in
whose favor a judgment or order has been made that the unsuccessful party seeks a review of the case.
Failure to file a notice of appeal according to the statutory requirements will preclude appeal. Page 7 of
11 Module TECHNICAL ENGLISH 2: Legal Forms Page 8 of 11 Module TECHNICAL ENGLISH 2: Legal Forms
Page 9 of 11 Module TECHNICAL ENGLISH 2: Legal Forms Page 10 of 11 Module TECHNICAL ENGLISH 2:
Legal Forms Page 11 of 11 Module TECHNICAL ENGLISH 2: Legal Forms References: 
https://ndvlaw.com/what-happens-during-a-preliminary-investigation/  https://batasnatin.com/law-
library/remedial-law/criminal-procedure/683- appeal-who-may-appeal-where-to-appeal.html 
http://www.pnp.gov.ph/index.php/resources/forms/forms-3

Page 1 of 7 Module TECHNICAL ENGLISH 2: Legal Forms INTER-UNIT COORDINATION Personal

Coordination or by Official Representative Team Leader/s (TL) of local police units operating outside
their territorial jurisdiction and National Support Units (NSUs) shall coordinate, personally or through an
official representative, with the Police Regional, Provincial or City Police Office within whose jurisdiction
the operation is to be conducted. Coordination by Filing Coordination Form Prior to the launching of the
operation, except in cases where the formal (in writing) inter-unit coordination cannot be made due to
the nature and/or urgency of the situation such as, but not limited to, cross-jurisdictional pursuit
operations, coordination should be made formally using the prescribed Coordination Form, which shall
be fi led with the concerned operation center of the Police Regional, Provincial or City Office (Annex “A”
– Coordination Form). At the end of this module, the learner will be able to:  Understand the Inter-Unit
Coordination, and Maintenance of Police Blotter  Apply the important coordination in PNP operations
CHAPTER 8 Inter-Unit Coordination, and Maintenance of Police Blotter Page 2 of 7 Module TECHNICAL
ENGLISH 2: Legal Forms Coordination by Practical/Available Means of Communication In cases where
formal inter-unit coordination is not feasible, the Police Unit concerned shall endeavor to notify the
territorial police office through any practical/available means of communication at any time during the
operation and, if not possible, shall accomplish and furnish the territorial Police Office a written incident
report immediately after the termination of the operation. MAINTENANCE OF POLICE BLOTTER Police
Blotter Each PNP operating unit shall maintain an official police blotter where all types of operational
and undercover dispatches shall be recorded containing the five “Ws” (who, what, where, when and
why) and one “H” (how) of an information. A Police blotter is a logbook that contains the daily registry of
all crime incident reports, official summaries of arrest, and other significant events reported in a police
station. Police Blotter for Cases involving Women and Children A separate Police Blotter, however, shall
be maintained for crime incident reports involving violence against women and children and those cases
involving a child in conflict with the law to protect their privacy pursuant to Republic Act (RA) 9262 (Anti-
Violence Against Women and Children Act of 2004) and RA 9344 (Juvenile Justice and Welfare Act of
2006), respectively. Crime Incident Reporting System (CIRS) Each PNP operating unit shall also maintain
and utilize the PNP Crime Incident Reporting System (CIRS), an electronic reporting system that
facilitates crime documentation, modernizes data storage and provides quick and reliable transmission
of crime information from lower units and NOSUs of the PNP to the National Headquarters at Camp
Crame, Quezon City. Page 3 of 7 Module TECHNICAL ENGLISH 2: Legal Forms Blotter Procedure Before
entry into the blotter book, the Duty Officer (DO) should first evaluate if the report is a crime incident,
arrest or event/activity, which is for records purposes only. If the report is a crime incident, the DO shall
first accomplish the Incident Record Form (IRF) from which the entry in the blotter book and IRS shall be
extracted. All other reports shall be recorded directly to the blotter book. (PNP SOP No. 2012-001
“Incident Recording System”) Page 4 of 7 Module TECHNICAL ENGLISH 2: Legal Forms Page 5 of 7
Module TECHNICAL ENGLISH 2: Legal Forms Page 6 of 7 Module TECHNICAL ENGLISH 2: Legal Forms
Page 7 of 7 Module TECHNICAL ENGLISH 2: Legal Forms References:  https://ndvlaw.com/what-
happens-during-a-preliminary-investigation/ 
https://batasnatin.com/law-library/remedial-law/criminal-procedure/683- appeal-who-may-appeal-
where-to-appeal.html  http://www.pnp.gov.ph/index.php/resources/forms/forms-3