Other Types of Affidavits Used by Law Enforcement Agencies

Aside from the common types of affidavits discussed in the previous chapter, here are some of the
Affidavits used by the Law Enforcement Agencies in the Philippines.

Affidavit of Arresting Officer

Arrest is the taking of a person into custody in order that he m bound to answer for the commission
of an offense (PNP Criminal Investigations Manual, 2011). An affidavit of arrest is generally filled
out by the arresting officer and states the facts and circumstances surrounding an arrest. The
affidavit may state such facts as the information which led to the arrest and the observations made
before and after the arrest occurred. It is a statement given under oath and penalty of perjury. It
may also be referred to as an arrest report.

Sample of Affidavit of Arresting Officers

Republic of the Philippines)

___________, ________) s.s.

X----------------------------------------x

JOINT AFFIDAVIT OF ARREST

We, the UNDERSIGNED Police Officers, both members of the Philippine National Police,
presently assigned at the ___________, _________, ________, do hereby depose and state THAT:

01. We are among the members of the ______________ who conducted entrapment operations
at__________________________ located along____________________________,
_____________________________:

02. Said operation stemmed from the complaints of__________________ for violation of
____________________which was referred to our office by the ________________________,(age),
(civil status), (nationality) and residing at against
No.___________________________________________,____________________:

03. On the complaint dated and the crime committed). (state the act and the crime committed).

04. Upon receipt of their said complaint, our office planned out an entrapment operation against
the suspect. At about____________ of____________________, the undersigned together with the
complainant proceeded at the pre-arranged payoff_________________________ located along
______________________________, __________________ to give the money being asked by the
respondent;

05. Upon arrival thereat, complainants waited for the suspect to arrive while we the undersigned
seated near the table of the complainants. At about __________________, the suspect arrived and
approached the complainants and after a few conversations, the complainants handed over the
marked money to the suspect those minutes prompted the undersigned to immediately effect the
arrest;

06. Seized and recovered in the possession and control of the arrested person were the following,
to wit:

a) Marked money, (state the denomination and serial numbers);

b) (Name of documents promised);

c) (Type of CP and SIM Card); and

d) Other evidence confiscated;

07. Suspect together with the seized and recovered evidence was brought to the______________,
____________________,__________________ for booking and proper disposition. Likewise, the
arrested person was apprised of their rights as provided for under the Constitution of the
Philippines.

08. The report of the PNP Crime Laboratory Group Physical Identification Report No.
__________________________dated__________________________revealed that
suspect_______________________ was POSITIVE for the presence of Bright Yellow Ultraviolet
Fluorescent powder on both palm and right dorsal portion of the hands.

We executed this joint affidavit to attest the truthfulness of the foregoing facts and to support
the filing of Criminal Cases________________________ against for violation
of____________________.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, we hereunto affixed our signature this________ day of

___________at__________, __________.

_________________ __________________

Affiant Affiant

SUBSCRIBED AND SWORN to before me this _______________________day of

_______________ at______________ I HEREBY CERTIFY that I have personally examined the
herein affiants and I am satisfied that they voluntarily executed and understood their given
affidavit.
_______________________

Administering Officer

Complaint Affidavit

Complaint is a concise statement of the ultimate facts constituting the plaintiff s cause or causes
of action (PNP Criminal Investigations Manual, 2011). A complaint affidavit is a sworn statement
prepared by someone who wishes to file a legal complaint. It becomes the basis for the case, basic
information about the facts of the matter and outlining the nature of the case (McMahon, 2022).

Sample of Affidavit of Complaint

Republic of the Philippines)

__________, ________)s.s.

X-----------------------------------x

AFFIDAVIT OF COMPLAINT

The UNDERSIGNED, _____________________, accuses _________________, of

______________committed as follows, to wit:

That on or about ______________ , at about _____________ in the ___________,

_________________,Philippines, the said accused did then and there willfully, unlawfully,
feloniously, and by means of ______________ committed __________________ , upon the
undersigned directly by overt acts to wit:(state the details how the crime was committed).

The undersigned executed this affidavit to attest the truthfulness of the foregoing facts and to
support the filing of Criminal Cases against _________________for violations of
________________, _____________________, this _________________day of
_____________,___________.

_____________________

Offended Party

SUBSCRIBED AND SWORN to before me this___________ day of___________ at____________. I

HEREBY CERTIFY that I have personally examined the herein offended party and I am satisfied
that they voluntarily executed and understood their given affidavit.
__________________

Judge

WITNESSES:

____________________

____________________

Affidavit of Witness

A witness is a person with personal knowledge of a situation or incident. In court cases, witnesses
can help parties prove elements of their cases through live testimony, deposition testimony or
affidavits (Seidel, 2019). The witness writes out the facts about which she has knowledge that are
relevant to the case, signing the document and swearing under penalty of perjury that it is true. In
most cases, the witness must sign the affidavit before a notary or officer of the court.

Sample of Affidavit of Witness

Republic of the Philippines)

__________, ________) s.s.

X------------------------------------X

AFFIDAVIT OF WITNESS

I, ___________________________, age, civil status, resident of ______________________, after

having sworn in accordance with law, do hereby depose and state THAT:

01) I was present and personally saw that accused _________________ committed the crime of
________________against the victim;

02) (State other circumstances and the relation either to the victim or accused or both);

03 (State the details of the acts committed by the accused against the victim.

04) (State the acts done by the witness and the reason thereof);
 I executed this affidavit to attest the truthfulness of the foregoing facts and to support the filing
of the Criminal Cases against ____________________for violations of _______________________.

AFFIANTS SAYETH NAUGHT

IN WITNESS WHEREOF, I hereunto affixed my signature this _____________ day of

___________at ___________, ________________.

_____________________

Affiant

SUBSCRIBED AND SWORN to before me this ___________day of _______________ at

_______________. I HEREBY CERTIFY that I have personally examined the herein affiants and I
am satisfied that they voluntarily executed and understood their given affidavit.

___________________

Notary Public

Application for Search Warrant

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 (Rule 126, Section 1). All applications for Search
Warrant shall be approved for filing by the Chief of Office. The application shall indicate the
following data (Revised PNP Operational Procedure, 2021):

Office applying for the Search Warrant;

Name of officer-applicant;
Name of the subject, if known;
Exact address/place(s) to be searched;
Specific statement of things/articles to be seized; and
Sketch and/or Picture, if available, of the place to be searched.
The availability or unavailability of BWCs to be used in the execution of the warrant. In case of
unavailability, request for authority to use ARDS.
Sample of Application for Search Warrant

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

Branch_____, City of ______

PEOPLE OF THE PHILIPPINES,

SEARCH WARRANT NO._____

Plaintiff
FOR Violation of Article____, RPC

(State the Specific Violations)

______________

Respondent

x-----------------------------X

APPLICATION FOR SEARCH WARRANT

COMES NOW, presently assigned at the undersigned, ________________ presently assigned at

_____________________and having been sworn in accordance with the law do hereby depose and
state the following under oath:

1. That he was informed and verily believes that ___________ (name of the person to be
searched), who may be found at the premises______________________________ (complete address
of the place to be searched), is in possession or has in his control a property (subject of the offense;
stolen, embezzled and other proceeds or fruits of the offense, used or intended to be used as a
means of committing an offense), which he is keeping and concealing in the premises above
described.

2. That the undersigned has verified the report and found it to be a fact and was confirmed to
him by his witness, Police Officer _________________ and Police Officer ___________________who
were able to gain entry into the aforementioned premise of the respondent, and has therefore
reason to believe that the search warrant should be issued to enable the undersigned you take
possession and bring to this Court the following described property:

a. (Complete and detailed description of the property to be seized)

3. WHEREFORE, the undersigned prays to this Honorable Court to issue a search warrant
authorizing him and or his men or any peace officer to search the premises and if machines are
attached to the ground, padlock the premises described in this application and to seize and bring to
Honorable Court the personal property above described to be dealt with the full accord with
existing laws.
City of __________________, Philippines, ______day of_______, 20__.

Applicant RECOMMEND APPROVAL FOR FILLING:

APPROVED FOR FILING

_____________________________________
____________________________________
(Unit Head) (Chief of Office)