Legal Forms
request a written agreement for their contract
Legal means conforming to or permitted by law
or established and Forms means a printed or
typed document with blank spaces for insertion
of required or requested information (Merriam-
webster.com) .
Legal Forms are prototypes of any documents
or forms used in a legal transaction or judicial
proceedings, which contain important matters
conveyed in technical terminologies and
presented in a suitable and systematic order in
accordance with the circumstances of any
case( Bajado-Nano & Pioquinto, 2014).
Legal form is a prototype of an instrument to be
employed in a legal transaction or a judicial
proceeding that includes the primary essential
matters, the appropriate technical phrases or
terms, and any additional material required to
render it officially accurate, arranged in suitable
and systematic order, and conducive to
adaptation to the circumstances of the
particular case.
These could be in the forms of
Acknowledgement and Jurat, Affidavits, Sales of
Realty, Sales of Personal Property, Mortgages,
Powers of Attorney, Special Contracts and
Agreement, Gratuitous Contracts and
Dispositions, Partnerships and Corporation, and
Complaints in Criminal Cases. Official notices
may also be considered as legal forms such as
Summons, Appearance Notice, Subpoena,
Warrant of Arrest, and Search Warrant
Importance of Legal Forms
The memory of people is short. Parties to a
verbal agreement often disagree as to what
they have agreed several months or years after
they have entered into a verbal agreement. To
avoid such situation and in order to have a clear
guide and evidence of the terms they have
agreed, lawyers, or even the parties themselves,
or legal transaction. Moreover, form is
important when the law requires a document or
other special form. And when the law requires
that a contract be in some form in order that it
may be valid or enforceable, or that a contract
be proved in a certain way, that requirement is
absolute and indispensable. In the same way,
judicial proceedings make use of forms as
documentary requirements and evidence for
these proceedings, containing therein legally
binding information.
Legal Forms covers the study of Business Forms
and Judicial Forms.
Business Forms are used in conveyancing,or of
the forms of deeds, instruments or documents
creating, transferring, modifying or limiting
rights to real as well as personal properties, and
other forms related to business contracts or
transactions
A Business Contract is an agreement in which
each party agrees to an exchange, typically
involving money, goods, or services. Sales
agreement and service agreements are
common examples of business contracts
On the other hand, a business transaction is an
event involving an interchange of goods, money
or services between two or more parties. Some
examples of business transactions are buying
insurance from insurer and selling goods to
customer for cash
Judicial Forms refer to forms which pertain to
different kinds of pleadings, applications,
petitions, affidavits, motions, and the like
Furthermore, Judicial forms include forms in
Ordinary Civil Actions, Special Civil Actions,
Special Proceedings and Criminal Actions
These are given below with some examples:
I. Ordinary Civil Action is one by which a party
sues another for the enforcement or protection
of a right or the prevention or redress of a
wrong
1.1. Complaint
1.2. Answer
1.3. Motion
1.4. Cross-claim
1.5. Third-party complaint
2. Special Civil Action is an action whereby one
party sues another to enforce or protect a right
or protect a right or to prevent the commission
of a wrong by following special rules of
procedure
2.1. Interpleader
2.2 Declaratory Relief
2.3 Mandamus
2.4. Prohibition
2.5. Quo Warranto
3. Special Proceeding is a remedy by which a
party seeks to establish a status, a right, or a
particular fact
3.1. Petition for Escheat
3.2. Petition for Habeas Corpus
3.3. Petition for Appointment
3.4. Petition for Letters of
Administration
3.5. Petition for Guardianship
4. Criminal Action is the procedure by which a
person accused of committing a crime is
charged, brought to trial, and judged
4.1. Information for Homicide
4.2. Information for Murder
4.3. Information for Robbery
4.4. Complaint Affidavit for Violation of
B.P. Blg.22
4. 5. Information for Less Serious
Physical Injuries
Legal Forms Used in Law Enforcement
1. Sworn Statements
2. Affidavits
3. Complaints in Criminal Cases
4. Inquest Forms
5. Information
6. Deposition of Witness
7. Motion for Reconsideration
Sworn Statements / Sworn Declaration. (1)This
is a document that contains facts related to
legal proceeding. The person who makes the
declaration affixes his/her signature in a
separate endorsement paragraph at the end of
the document with a statement that the
declaration is made under oath.
In taking sworn statements, the police officer
should comply with Section 12, Article lll of the
1987 Constitution. It states that “any person
under custodial investigation for the
commission of an offense shall have the right to
remain silent and to have a competent and
independent counsel. He / she must be
provided with one. These rights cannot be
waived except in writing and in the presence of
counsel. No torture, force or violence, threat,
intimidation or any means which influences the
free will shall be used against him/her. Secret
detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
 2. the designation of the offense by the statute

Affidavits. (2)These are types of verified, formal 3. the acts or omissions complained of as
sworn statements of fact signed by an affiant or constituting the offense
author, and witnessed by a notary public. These
4. the name of the general offended party
could be used as evidence in court proceedings.
5. the approximate time of the commission of
An affidavit is composed of the following parts.
the offense
Commencement refers to the affiant
6. the place wherein the offense was committed
Individual Averments refers to separate claims
that are numbered as mandated by law
Affidavit of Desistance. This refers to the
Statement of Truth refers to the statement
complainant, who executes an affidavit of
verifying that what is stated is true under oath
desistance, when he/she no longer wishes to
Attestation refers to a clause certifying the oath pursue a case against an accused or defendant
and the date made by the affiant in a court case. The complainant states that
he/she didn’t really intend to institute the case
Signature refers to the signature of the affiant
and he/she is no longer interested in testifying
and the notary public
or prosecuting.

This is the only ground for dismissing the case if

Affidavit of Complaint. Section 3 of Rule 110 only the prosecution can no longer prove the
defines complaint as a sworn written statement guilt of the accused beyond reasonable doubt
charging a person with an offense, subscribed without the testimony of the offended party.
by the offended party, any peace officer, or
Affidavit of Arrest. This refers to a statement
other public law officer charged with the
given under oath and penalty under perjury. It
enforcement of the law violated.
states about facts and circumstances about the
This complaint may be filed in the prosecutor’s arrest, the information which led to the arrest,
office. Filing of the complaint is necessary to and the observation made before and after the
conduct preliminary investigation. The persons arrest. This is filled out by the arresting officer.
who may file a criminal complaint are the
offended party refers to the person against
whom or against whose property the crime was
committed, any peace officers refer to any
members of the Philippine National Police, and
other public officer charged with the
enforcement of the law violated refers to
person in the government services ( ex.
Authorized BIR agents, Customs Agent, etc.)

The following are parts of an Affidavit of

Complaint:

1. the name of the accused

Affidavit of Witness. It is a legal and binding
document of written testimony of a witness as a
way of evidence to be presented to the court. It
is usually filled out by a lawyer, and then filed as
part of the case. The affidavit has to be in
paragraph form, and each paragraph covers one
specific topic. The full name of the person
making the statement has to be included, as
does the name of one who affirms the
statement. This kind of affidavit can also be
used to record the testimony of an expert
witness in certain cases. This affidavit has to be
truthful and just give facts, not personal feelings
or opinions.
Inquest Forms.(3)The Department of Justice
issued Department Circular No. 61 on the New
Rules of Inquest. Below are some citations on
the Rules related to Inquest.
Inquest is an informal and summary
investigation conducted by a public prosecutor
in criminal case involving persons arrested and
detained without the benefit of a warrant of
arrest, issued by the court for the purpose of
determining whether or not the said persons
should remain under custody and
correspondingly be charged in court.
The City or Provincial Prosecutor shall designate
the prosecutors assigned to inquest duties and
shall furnish the Philippine National Police (PNP)
a list of their names and their schedule of
assignment. If, however, there is only one
prosecutor in the area, all inquest cases shall be
referred to him for appropriate action.
Unless otherwise directed by the City or
Provincial Prosecutor, those assigned to inquest
duties shall discharge their functions during the
hours of their designated assignments, and only
be done at the police stations/headquarters of
the PNP in order to expedite and facilitate the
disposition of inquest cases.
The inquest proceedings shall be considered
commenced upon receipt by the Inquest Officer
from the law enforcement authorities of the
complaint/referral documents which should
include: the affidavit of arrest, the investigation
report, the statement of the complainant and
witnesses, and other supportive evidence
gathered by the police in the course of the
latter’s investigation of the criminal incident
involving the arrested or detained person.
The Inquest Officer shall, as far as practicable,
cause the affidavit of arrest and
statements/affidavits of the complainant and
the witnesses to be subscribed and sworn to
before him by the arresting officer and the
affiants. The Inquest proceedings must be
terminated within the period prescribed under
the provisions of Article 125 of the Revised
Penal Code, as amended.
Complaints in Criminal Cases. (4)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 ( Rules of Court ).
It is important that those who will be writing
the police report will be familiar with the forms
of complaints in criminal cases, its format, and
the standard headings and captions of cases.
The familiarization of all these will help him in
his reports, and in any court proceedings. These
standard headings and captions are used in the
Supreme Court, Court of Appeals, and Municipal
Courts.
Information.(5) This is an accusation in writing
charging a person with an offense, subscribed
by the prosecutor and filed with the court
(Rules of Court).
After the filing of the Affidavit of Complaint, the
process of preliminary investigation
commences. 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, specific time and place to answer to a criminal
and should be held for trial. This is a crucial charge. Usually, a police officer gives the
stage in criminal proceedings because the appearance notice, and a summons may be
prosecutor will have to determine whether received in the mail.
there is sufficient ground to file an information
Specifically, an appearance notice is given to a
in court against the alleged perpetrator. If the
person before he/she is charged with an
prosecutor finds probable cause, he will issue a
offense, while summons is given to a person
resolution spelling out the reasons for such
who has already been charged with an offense.
finding, and will correspondingly file an
information in court, with the recommended The appearance notice or summons tells a
bail. On the other hand, if there are no person of the date he/she has to appear in
sufficient grounds, then the prosecutor will court, the location of the court, and the types of
dismiss the case offenses he/she is charged with such as The
Summary Conviction Offenses which are minor
Deposition of Witness.(6) A deposition is a
offenses like causing a disturbance or
witness’s sworn out-of-court testimony. It is
shoplifting, and the Indictable Offenses which
used to gather information as part of the
are more serious, like murder, sexual assault,
discovery process and, in limited circumstances,
breaking and entering.
may be used at trial
In cases where the second paragraph of the
In criminal cases, depositions are normally
appearance notice or summons is filled out, the
taken to preserve testimony from a witness.
addressee has to go to the police station to be
The procedures for taking depositions in
fingerprinted and photographed. If a person
criminal cases recognize the prosecution’s right
fails to go, a warrant of arrest may be issued for
to preserve testimonial evidence and prove its
his/her arrest. It is advisable to get a legal
case despite the unavailability of its witness
advice or speak to a lawyer right away if one
Motion for Reconsideration.(7) A motion for receives an appearance notice or summons.
reconsideration ( or motion to reconsider ) is a
Subpoena. This is an order from the court that
legal filing where a party to a lawsuit requests
requires an individual to be somewhere in
the court to review a prior decision and
person at a certain place, date and time to
consider issuing a new or different decision in
testify as a witness in a case.
light of that review
Specifically, a subpoena is a conditional threat
of punishment made by a governmental
Official Notices authority if it is attached to a command, so that
if the recipient does not do as commanded then
Official notices may be in the forms of the
that person may be punished. If a person given
following: Summons, Appearance Notice,
a subpoena does not appear, some courts have
Subpoena, Warrant of Arrest, and Search
the discretion to find the person in contempt of
Warrant. Exemplified below are the description
court and either order the person’s arrest or
and examples of each form
issue fines accordingly.
Summons/Appearance Notices. Appearance
Types of Subpoena
notice and summons are official notices telling a
person that he/she has to appear in court at a
1. Subpoena Ad Testificandum – it orders a
person to testify before the ordering authority
or face punishment
2. Subpoena Duces Tecum – it orders a person
to bring physical evidence before the ordering
authority or face punishment
Warrant of Arrest. Section 1-4, Rule 113 of
Criminal Procedure states the following about
arrest:
Arrest is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense. An arrest is made by
an actual restraint of a person to be arrested, or
by his/her submission to the custody of the
person making an arrest. No violence or
unnecessary force shall be used in making an
arrest. The person arrested shall not be subject
to a greater restraint than is necessary for
his/her detention. It shall be the duty of the
officer executing the warrant to arrest the
accused and deliver him/her to the nearest
police station or jail without unnecessary delay.
The head of the office to whom the warrant of
arrest was delivered for execution shall cause
the warrant to be executed ten (10) days from
its receipt. Within ten (10) days after the
expiration of the period, the officer to whom it
was assigned for execution shall make a report
to the judge who issued the warrant. In case of
his/her failure to execute the warrant, he/she
shall state the reasons thereof.
The following persons may
make/effect/execute an arrest:
Police Officer (in both warrantless arrest and
arrest with warrant), private person (only
warrantless arrest or citizen’s arrest), members
of investigation staff of the NBI (under RA 157,
as amended), bailor (may arrest the accused for
the purpose of surrendering him in court (US vs.
Addison, 27 Phil. 563; People vs. Caderao,&
SCRA 639), sheriff or deputy sheriff (may arrest
a witness who failed to attend and obey
subpoena despite proof of service thereof;
(Sec.11, Rule 23), provincial or city probation
officer (may arrest probationer under his care;
Sec. 24, PD 986, as amended), Commissioner of
Land Transportation and his deputies (are
authorized to make arrest for violation of Land
Transportation and Traffic Code in so far as
motor vehicles are concerned; RA 4136, as
amended).
Only judges may issue warrant of arrest. This
exception is in case of deportation of illegal and
undesirable alien, whom the President or the
Commissioner of Immigration may order
arrested following a final order of deportation
for the purpose of deportation. A judge may not
issue a warrant of arrest without
recommendation for bail where offense is
bailable.
The persons who cannot issue warrant of
arrest are:
Clerk of court (Amargas vs. Abbas, 98 Phil. 739;
Arcilla vs. Acevedo, 88 SCRA 53), Public
prosecutor (fiscal) (Lino vs. Fugoso, 77 Phil.
933), Mayor (Ponsica vs. Ignalaga, 152 SCRA
647).
The persons exempted from arrest are:
Senator or Congressman in all offenses
punishable by not more than 6 years
imprisonment shall be privileged from arrest
while Congress is in session. (Sec. 11, Art. VI,
1987 Phil. Constitution), however, Heads of
State, Foreign Sovereigns, Ambassadors, Public
Ministers are exempted from arrest, but
Consuls do not enjoy the same privilege.
Search Warrant. Rule 216, Section 1 of Criminal
Procedure defines search warrant as 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 in the nature of a criminal
process akin to writ of discovery. It is a special
and peculiar remedy, and drastic in nature. It is
merely a judicial process designed by the Rules
to respond only to an incident in the main case,
if only one has already been instituted or in
anticipation thereof (Malavan vs. Court of
Appeals, 232 SCRA 249).
The securing of a search warrant is a measure
that should be encouraged earnestly to the end
that the police authorities will respect the
constitutional and legal rights of the persons
whose premises are to be subjected to search
(People vs. Go,237 SCRA 73).
The Supreme Court issued Circular No. 13
regarding the guidelines and procedures in the
issuance of search warrants. This is a measure
to better serve the public good and facilitate the
administration of justice.
Below are some of the guidelines applicable to
this:
All applications for search warrants, if filed with
the Executive Judge, shall be assigned by raffle,
to a judge within his/her administrative area,
under whose direction the search warrant shall
be issued for the search and seizure of personal
property. After the application has been raffled
and distributed to a branch, the judge who is
assigned to conduct the examination of the
complainant and witnesses should immediately
act on the same, considering that the time
element and possible leakage of information
are the primary considerations in the issuance
of search warrants and seizures.
The judge must, before issuing the warrant,
personally examine in the form of searching
questions and answers, in writing and under
oath, the complainant and any witnesses
he/she may produce and attach to the record
their sworn statements together with any
affidavits submitted. If the judge is thereupon
satisfied of the existence of the facts upon
which the application is based, or that there is
probable cause to believe that they exist,
he/she must issue the warrant substantially in
the form prescribed by the Rules.
In every court, there shall be a logbook under
the custody of the Clerk of Court wherein shall
be entered within 24 hours after the issuance of
the search warrant the following: date and
number of the warrant; name of the issuing
judge; name of the person against whom the
warrant is issued; offense cited in the warrant;
and name of the officer who applied for the
warrant and his/her witnesses.
Notice of Appeal. A Notice of Appeal is a formal
notice served by the appellant, a person who
initiates an appeal, on the court and the parties
involved informing them of the appellant’s
intention to request review of a lower court’s
order. It 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
Definition of Terms
Affidavit. A verified, formal sworn statement of
fact signed by an affiant or author, and
witnessed by a notary public
Affidavit of arrest. Statement on the facts and
circumstances surrounding an arrest given
under oath by an arresting officer
Affidavit of complaint. Sworn statement
executed by the offended party disclosing
therein the acts or omissions complained of as
constituting the offense
Affidavit of desistance. Written statement
under oath by the complainant stating that said
person is no longer interested in pursuing the
case against another
Affidavit of witness. Legal and binding written
testimony of a witness used as evidence in court
Answer. Pleading in which a defending party
sets forth his/her defenses
Appearance notice. Official notice telling a
person to appear in court at a specific time and
place to answer to a criminal charge delivered
by a police officer.
Business forms. Documents that set forth the
creation, transfer, modification or limitation of
rights to real or personal properties, and such
other forms related to business contracts or
transactions
Complaint. 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
Criminal action. Procedure by which a person
accused of committing a crime is charged,
brought to trial, and judged
Cross-claim. Any claim by one party against a
co-party arising out of the transaction or
occurrence that is the subject matter either of
the original action or of a counterclaim therein
Declatory relief. A judge’s determination of the
parties’ rights under a contract or a statute,
often prayed for in a lawsuit over a contract
Deposition. Formal written statement, made by
a witness to a crime, which can be used in court
if the witness cannot be present
Escheat. Right of a government to take
ownership of estate assets or unclaimed
property when an individual dies with no will
and heirs
Habeas corpus. Writ directed to a person
detaining another and commanding that person
to produce the body of the prisoner at a certain
time and place and to state the cause of his/her
capture and detention
Inquest. Informal and summary investigation
conducted by a public prosecutor in criminal
case involving persons arrested and detained
without the benefit of a warrant of arrest,
issued by the court for the purpose of
determining whether or not said persons should
remain under custody and correspondingly be
charged in court
Interpleader. Suit pleaded between two parties
to determine a matter of claim or right to
property held by a third party
Judicial forms. Forms which appertain to
different kinds of pleadings, applications,
petitions, affidavits, motions and other court
proceedings
Legal forms. Prototypes of documents or forms
used in legal transactions or judicial proceedings
which contain important matters conveyed in
technical terminologies and presented in
suitable and systematic order in accordance
with the circumstances of any case
Mandamus. Judicial writ issued as a command
to an inferior court or ordering a person to
perform a public or statutory duty
Motion. Application for relief other than by a
pleading
Motion for reconsideration. Legal filing where a
party to a lawsuit requests the court to review a
prior decision and consider issuing a new or
different decision in the light of that review
Notary public. Public figure authorized by
government to administer oaths, authenticate
contracts, acknowledge deeds, certify
documents, etc.
Notice of appeal. Formal notice served by the
appellant on the court and the parties involved,
informing them of the appellant’s intention to
request review of a lower court’s order
Ordinary civil action. One by which a party sues
another for the enforcement orprotection of a
right or the prevention or redness of a wrong
Perjury. Offense of willfully telling an untruth in
a court after having taken an oath or affirmation
Prohibition. Action of forbidding something by
law
Quo Warranto. Special civil action whereby a
person claiming to be entitled to a public office
or position files an action against a usurper
challenging the authority of the latter in holding
said public office or position
Search warrant. Order issued by a judge
authorizing law enforcement officers to search
for personal property described therein and
bring it before that court
Subpoena. Writ commanding a person
designated in it to appear in court under a
penalty for failure
Subpoena ad testificandum. Writ ordering a
person to appear and give oral testimony for
use at a hearing or trial, or face punishment
Subpoena duces tecum. Writ ordering a person
to appear before the court bringing with
him/her certain designated documents or
physical evidence, or face punishment
Summons. Official notice telling a person that
he/she has to appear in court at a specific time
and place to answer to a criminal charge, which
may be received in the mail
Sworn statement. Document containing facts
related to a legal proceeding made under oath
Warrant of arrest. Written order by a judge for
the taking of a person into custody in order that
he/she may be bound to answer for the
commission of an offense