LEGAL FORMS AND

KINDS OF AFFIDAVIT
Members:
Ates, Francis Jule
Arapan, Mary Chris
Arong, Noelyn
Documento, Ervin
Estrada, Zuharra Jane
Montoya, Ivan Jay
Sunugan, Ronimar
Supat, Jay Ann
II. Objectives
At the end of this lesson, the students will be able to:

1. Determine on what is the legal form and affidavit to be used in support to the
investigation and the filing of the case in court.
2. Know the required data and other attachments in accomplishing the proper
format in legal forms.
3. Accomplish the proper format in legal forms necessary in support to the
investigation.
4. Proper preparation of the legal form as a document to be used in the case
folder.

III. Introduction
In conducting a proper and thorough investigation in the crime scene, it is required
that the investigator-on-case should have a sufficient knowledge in performing his
duty. He must be able to deliver the target output on his case. In accomplishing his aim,
he must exert more efforts in order to file a case in court in due time. As an aid to his
investigation, the different formats in legal forms provides the relevant data in support
to the case filing. These formats serve as a tool in accomplishing the necessary
document that an investigator need in the filing of the case in court.

In this report it explains and discusses the different types of affidavit and its different
purpose. It also discusses the type of affidavit that is commonly used and how to
construct an affidavit. It also discusses the different formats in an affidavit. It is also to
put sworn written evidence, including documents, before the court without the need for
in person testimony. Just like oral evidence given at trial, the person making the
affidavit, the "deponent," swears or affirms that what they are saying is true. An
affidavit must be notarized, signed in the presence of witnesses, and the affiant must
swear that the facts contained in it are true and correct. It is absolutely vital that
individuals thoroughly read and understand all of the information contained in the
affidavit prior to signing it.

IV. Body of the Report

Legal Forms
LEGAL FORMS

Sample of Affidavit of Arresting Officers

Sample of Affidavit of Complaint

Sample of Affidavit of Witness

Sample of Application for Search Warrant

Sample of Complaint

Sample of Deposition of Witness

Sample of Memo for Preliminary Investigation

Sample of Motion for Reconsideration

Sample of Notice of Appeal

What is the meaning of legal forms?

Legal form identifies the legal status of a legal person. The classification of legal forms is
based on the company forms of the Trade Register and on the requirements of taxation
legislation. The legal forms of enterprises and corporations are recorded in the Business
Information System.

What is the importance of legal forms in criminology?

The use of legal forms is important to law enforcement for a number of reasons. First,
forms help to ensure that police officers have the information they need to properly
investigate a crime. Second, forms help to protect the rights of those who are accused of
crimes.

What are the legal forms related to law enforcement?

Legal Forms Used in Law

Enforcement

Sworn Statements

Affidavits

Complaints in Criminal Cases

Inquest Forms

Information (in law)

Deposition of Witness (law Phil)

Motion for Reconsideration

What is the purpose of legal forms?

There are many purposes served by the law. Out of these, the main four are
maintaining order, establishing standards, protecting liberties, and resolving disputes.

Affidavit
What is an affidavit?

An affidavit is a formal legal document used to present sworn statements or evidence in

court proceedings. It serves as a written testament containing factual details or evidence
relevant to a case, outlining specific information to support or clarify legal arguments.
Essentially, it is a sworn statement made voluntarily by an individual, detailing facts or
circumstances within their knowledge that can influence a legal decision.

Who creates affidavits?

The individual providing an affidavit, known as the affiant, is typically someone with
firsthand knowledge or involvement in the case. This person could be: a witness, a
party to the legal action or someone possessing relevant information crucial to the case's
resolution.

When is an affidavit usually created?

Affidavits are prepared and signed before or during legal proceedings, ensuring that
the information contained within them is current and relevant to the case at hand. They
can also be submitted during the discovery phase or as evidence in trials.

Why is affidavit important?

Affidavits play a crucial role in legal proceedings by providing firsthand accounts or

evidence in a written, legally binding format. They offer a structured way to present
essential facts or details, aiding in the establishment or defense of legal claims.

Where is an affidavit usually created?

Affidavits can be created and signed in various locations. However, for their legal
validity, they often require notarization by a notary public, confirming the affiant's
signature and the authenticity of the document. This notarization usually occurs at
government offices or legal institutions.

How to create an affidavit?

In creating and notarizing an affidavit, the person administering the oath may ask
questions to ensure the accuracy and truthfulness of the document. These questions
may include:

Personal details: Name, address, date of birth. Specific details about the content of the
affidavit. Confirmation of the facts stated in the affidavit. Assurance that the affiant
understands the seriousness of making a sworn statement. Verification that the affiant is
signing voluntarily and without coercion. Any clarifications or additional details
necessary for the affidavit's completeness and accuracy. The questions may vary based
on the content of the affidavit and the requirements of the jurisdiction.

Is it possible that an affidavit is a false statement?

Yes, it's possible for an affidavit to contain false information if the person providing the
statement knowingly presents incorrect facts or lies under oath. This is considered
perjury and can have legal consequences. Determining if an affidavit contains false
information often involves verifying the facts stated within it. This can be done through
cross-referencing with other evidence, conducting investigations, examining supporting
documents, or questioning witnesses to confirm or refute the claims made in the
affidavit. Legal professionals may also employ experts or additional methods to verify
the accuracy of the information provided. If someone is proven to have made a false
statement in an affidavit, they could face legal consequences, including charges of
under Article 183 of the Revised Penal Code and some administrative case for someone
who notarized the affidavit if he/she was proven guilty.

Affidavit of Confession
An affidavit of confession is a written declaration where an individual admits guilt for a
specific act or offense. It carries legal weight and can be used in legal proceedings to
establish facts, gather evidence, or negotiate settlements.
An affidavit of admission is a crucial legal document that plays a significant role in
various legal proceedings. This report aims to provide a comprehensive understanding
of what an affidavit of admission entails, its purpose, key components, and its
importance in legal contexts.

Definition and Purpose: An affidavit of admission is a sworn written statement made

by an individual under oath. Its primary purpose is to acknowledge specific facts or
admissions relevant to a legal matter. This document is used to formally present
truthful information that may be critical to a court case, administrative process, or any
official investigation.

Key Components:

1. *Sworn Statement: * The individual creating the affidavit declares, under penalty of
perjury, that the information provided is true and accurate to the best of their
knowledge.

2. *Notarization: * To enhance the document's credibility, it is often notarized by a

public notary who verifies the identity of the affiant and witnesses the swearing of the
statement.

3. *Details of Admission: * The core content of the affidavit consists of admissions or

facts that the affiant is willing to concede or confirm. This information is pertinent to the
legal matter at hand.

4. *Date and Signatures: * The affidavit includes a section for the affiant's signature
and the date of signing. If there are witnesses, their signatures may also be required.

Importance in Legal Contexts:

1. *Evidence in Court: * Affidavits of admission can be submitted as evidence in court

proceedings, providing a formal and legally binding account of admitted facts.

2. *Administrative Processes: * In various administrative settings, such as immigration

or regulatory matters, affidavits of admission can be required to establish certain facts
or circumstances.

3. *Official Documentation: * These affidavits serve as official documentation, often

supporting or clarifying information crucial to legal decision-making. Conclusion: In
conclusion, an affidavit of admission is a significant legal document that facilitates the
truthful acknowledgment of facts in various legal settings. Its importance lies in its role
as a sworn statement, providing a credible and formal account of information relevant
to legal matters. Understanding the key components and purpose of this document is
essential for those involved in legal processes.

To write an affidavit of admission, follow these general steps:

Heading: Include the court's name, the title "Affidavit of Admission," and the case
information.

Introduction: Begin with a statement that you are making the affidavit voluntarily and
truthfully.

Personal Information: Include your full name, address, and other relevant personal
details.

Purpose of the Affidavit: Clearly state the purpose of the affidavit, which is admission
in this case. Provide context and background information.

Statement of Admission: Clearly and concisely admit to the facts or allegations

relevant to the case. Be specific and avoid ambiguous language.

Chronological Order: If applicable, present the information in a chronological order to

make it easier for the reader to follow.

Supporting Documents: If there are any supporting documents, reference them in the
affidavit, and if possible, attach copies.

Conclusion: Summarize your admission and reaffirm that the information provided is
true to the best of your knowledge.

Sworn Statement: Include a statement that the contents of the affidavit are true, and
sign the affidavit in the presence of a notary public or authorized official.

Notary Section: If required, leave space for the notary public to sign and affix their seal.

Remember to check the specific requirements of the jurisdiction where the affidavit will
be filed, as they may have specific formatting or content requirements. It's also
advisable to consult with a legal professional to ensure accuracy and compliance with
relevant laws.

Affidavit of Admission
An affidavit of confession is a legal document in which an individual voluntarily admits
to a certain fact or acknowledges a particular debt without the need for litigation or
formal court proceedings. This report aims to provide a clear understanding of the
purpose and use of affidavits of confession, along with their implications in legal
contexts.

Definition: An affidavit of confession is a legal document in which a person confesses

to a debt or obligation owed to another party. It is a sworn statement made voluntarily
by the individual, typically detailing the amount owed and any relevant terms or
conditions. This type of affidavit is often used in the context of financial or contractual
matters, and it serves as a formal acknowledgment of the debt or obligation by the
confessing party.

Purpose of Affidavit of Confession

The primary purpose of an affidavit of confession is to provide a straightforward and

formal means for an individual to admit to a specific fact or acknowledge a debt owed.
This can be utilized in various legal and financial contexts where there is a need for a
clear and unambiguous admission or acknowledgment by an individual.

Key Components of Affidavit of Confession

An affidavit of confession typically includes essential components such as the

individual's voluntary acknowledgment of a fact or debt, along with any pertinent
details related to the admission. It is crucial for the affidavit to accurately reflect the
individual's voluntary confession without any coercion or misrepresentation.

Legal Considerations and Requirements

The use of affidavits of confession may be subject to specific legal rules and
requirements that vary by jurisdiction. It is important to ensure that the affidavit
complies with all relevant legal standards and that the individual providing the
confession does so freely and without undue influence.

Implications for Individuals

For individuals providing a confession through an affidavit, it is important to

understand the legal implications of their admission. By signing an affidavit of
confession, they are making a formal acknowledgment of a fact or debt, and it may have
potential legal consequences.

In conclusion, an affidavit of confession serves as a formal means for an individual to

acknowledge a fact or debt without the need for formal legal proceedings. It is essential
for both the individual providing the confession and the party receiving it to adhere to
applicable legal requirements and ensure that the confession is made voluntarily and
without coercion.

Affidavit of Arrest
In this report it explains and discusses the different types of affidavit and its different
purpose. It also discusses the type of affidavit that is commonly used and how to
construct an affidavit. It also discusses the different formats in an affidavit. It is also to
put sworn written evidence, including documents, before the court without the need for
in person testimony. Just like oral evidence given at trial, the person making the
affidavit, the "deponent," swears or affirms that what they are saying is true.

An affidavit must be notarized, signed in the presence of witnesses, and the affiant must
swear that the facts contained in it are true and correct. It is absolutely vital that
individuals thoroughly read and understand all of the information contained in the
affidavit prior to signing it.

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.

MAKING OF AFFIDAVIT OF ARREST SCENARIO:

"Illegal Possession of Firearms"

COMPLAINANT: PCPL Jezrel B. Dumas, of legal age, single and a bonafide member of
the Philippine

National Police, presently assigned at Butuan City Public Safety Company (BCPSC),
Butuan City APPREHENDING OFFICERS PCPL Joel P. Yurpo and PCPL Darryl R.
Lugto, both of legal age, bonafide members of Philippine National Police and presently
assigned at Butuan City Public Safety Company (BCPSC), Butuan City SUSPECT
SADAM CANDANG MACARIK, 24 years old, married and a resident of Purok 11,
Brgy.18 Obrero, Butuan City

FACTS OF THE CASE: That on or about 9:30 A.M. of February 2, 2014 at Purok 2,
Brgy.15 San Ignacio, Butuan City, the suspect was apprehended and confiscated from
his possession and control of one (1) unit .38 caliber revolver with serial Nr. 051733,
loaded with three (3) pieces ammunitions without pertinent documents.

Parts of an Affidavit of Arrest

1. Affidavit Title- is a simple title at the top of the document stating the deponent's
name or the affiant.

2.S.S.- Scilicet abbreviated as.

3. Affidavit of Fact Statement- the first paragraph of an affidavit states the deponent's
personal info, i.e. full name, age, occupation, complete address or residence.

4. Affidavit Footer or Affidavit Signature-an affidavit has to be signed by both the

deponent and the person before whom it was sworn. The name of the signing person

Affidavit of Disposition
An affidavit for disposition is a legal document that contains written statements
made under oath. It is used to present evidence or information related to the
distribution, arrangement, or settlement of certain matters, such as assets, property, or
legal issues. The person making the affidavit, known as the affiant, declares the
information to be true and signs the document in the presence of a notary public or
another authorized official.

For example, in the context of a legal case, an affidavit for disposition might be
submitted to provide testimony regarding the distribution of assets in an estate
settlement. It serves as a formal and legally binding way to present facts or details
relevant to the case. The affidavit should include specific details, dates, and any
supporting documentation that validates the statements made.

General guide to help you structure an affidavit for a

Deposition:
Heading Title: Start with a title at the top, usually stating "Affidavit of Deposition
about specific case” Your Information: Include your full name, address, and contact
information. Case Information: Specify the case name, court, and relevant details.

Introduction Affiant Statement: Begin with an "Affiant" statement, declaring that you
are the person making the affidavit and that the information provided is true and
accurate.

Background Background Information: Provide a brief overview of the land involved,

including its legal description, location, and any other relevant details.
 Details of Deposition Deposition Details: Clearly state the date, time, and location of
the deposition. Mention who was present, such as attorneys, court reporters, and any
witnesses.

Deposition Testimony Factual Statements: Present the factual information related to

the land in a clear and concise manner. Include details such as ownership history,
boundaries, improvements, or any disputes.

Legal Statements Legal Implications: If applicable, include any legal points or

implications related to the land. This could involve easements, encumbrances, or other
legal aspects.

Sworn Statement Sworn Oath: Conclude the affidavit with a sworn oath, affirming that
the information presented is true and that you understand the legal consequences of
providing false information.

Notary Section Notary Public: Leave space for the notary public to sign, date, and affix
their seal. This section is crucial for the document's validity.

Signatures Affiant's Signature: Sign the affidavit in the presence of a notary.

Notarization Notarization: Ensure the document is properly notarized by a licensed

notary public. Always consult with a legal professional to ensure that your affidavit
meets the specific requirements of your jurisdiction and case. This general guide is not a
substitute for legal advice tailored to your situation.

Affidavit of Complaint
A sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public law officer charged with the
enforcement of the law violated. It may be files at the prosecutor’s office as a
requirement for preliminary investigation.

What is the purpose?

The purpose of affidavit complaint is to present facts or evidence to support a legal

claim or initiate legal proceedings, typically in the context of a court case. This
document helps establish the basis for legal action and is often used in criminal or civil
cases to provide a formal account of the facts relevant to the case.
 An effective complaint satisfies the 4W and 1H which are:

WHO – The names of the complainant and the respondent, including their

personal circumstances, must be indicated as far as practicable.

WHAT - The crime charged must be stated in the complaint for the

respondent to know the crime for which he is being charged.

WHERE - The place where the crime happened must be indicated, to

identify the proper court that has jurisdiction/authority to hear and decide

the case.

WHEN - The date or period the crime was committed must be specified to

help the prosecutor or the court to determine if the crime has prescribed.

HOW - The details about the crime must be mentioned, to make sure that all elements

for the crime are present, and for the respondent to answer the charges against him.

Parts of Affidavit of Complaint:

1. Caption/Heading:
 The title of the document usually includes the names of the parties involved, the
court's name, and the case number.
2. Introduction/Opening Statement:
 A brief introduction that identifies the affiant (the person making the affidavit)
and their relationship to the case.
3. Jurisdictional Allegations:
 A statement asserting the court's jurisdiction over the matter, explaining why the
case falls within the court's authority.
4. Factual Allegations:
 The main body of the affidavit where the affiant presents the facts and
circumstances relevant to the case. This section may include a chronological
account of events, details of the dispute, or any other relevant information.
5. Legal Basis:
 A section that outlines the legal grounds or causes of action supporting the
complaint. This is where the affiant identifies the laws or statutes that the
opposing party is alleged to have violated.
6. Requests for Relief/Prayer for Relief:
 A statement indicating the specific remedies or relief sought by the affiant. This
could include requests for damages, injunctive relief, or other specific legal
remedies.
7. Verification/Oath:
 The affiant typically swears under oath or affirms the truthfulness of the
information provided in the affidavit. This is often done before a notary public or
another authorized official.
8. Signature:
 The affiant's signature, indicating that they have reviewed the affidavit,
understand its contents, and affirm the truthfulness of the statements made.
9. Notary Acknowledgment:
 A notary acknowledgment, if required, where a notary public verifies the
affiant's identity and attests to the affiant's signature and oath.

Consequences if you swore a False Affidavit of Complaint

Swearing a false affidavit complaint, or providing false information under oath, can
have serious legal consequences. The severity of the consequences may vary depending
on the jurisdiction and the nature of the false statements. Here are some potential
consequences:

1. Perjury Charges:
 Making false statements under oath is often considered perjury. Perjury is a
criminal offense, and individuals who are found to have committed perjury may
face criminal charges. Penalties for perjury can include fines, probation, and
imprisonment.
2. Criminal Prosecution:
 If the false statements in the affidavit complaint are deemed to be intentionally
deceptive and material to the case, criminal charges may be brought against the
individual making the false statements. Criminal prosecution can result in a
criminal record and other serious consequences.
3. Civil Liability:
  The individual who provided false information in the affidavit complaint may be
subject to civil liability. This could involve being sued by the other party for
damages resulting from the false statements.
4. Contempt of Court:
 Courts take false statements seriously, and if it is determined that an individual
has lied or provided false information to the court, they may be held in contempt
of court. Contempt of court can lead to fines, sanctions, or imprisonment.
5. Loss of Credibility:
 Providing false information can significantly damage an individual's credibility
in the legal process. This can affect the court's perception of the person making
the false statements and may harm their chances of success in the case.
6. Professional Consequences:
 If the individual making false statements is an attorney, they may face
professional consequences, including disciplinary action by the bar association,
suspension, or disbarment.
7. Dismissal of the Complaint:
 If the court discovers that the affidavit complaint is based on false information,
the court may dismiss the complaint. This can result in the loss of the
opportunity to pursue the legal claims outlined in the complaint.

It's essential to emphasize the importance of honesty and accuracy when submitting
legal documents, especially those made under oath. Courts rely on truthful information
to make fair and just decisions. Individuals involved in legal proceedings should seek
legal advice and ensure that the information they provide is accurate and in compliance
with the law.

Affidavit of Witness
It is a written statement provided by an individual who has witnessed an event, has knowledge of
certain facts, or can testify to specific information relevant to a legal proceeding. This written
statement is made under oath or affirmation and is typically used as evidence in court. It is a legally
binding document that attests to the truth of the information it contains and can be used in various
legal proceedings such as trials, hearings.
Some general principles to keep in mind when making an affidavit:
1. Title and Heading: The affidavit should begin with a title, such as "Affidavit of Witness," and a
heading that includes the court's name, the case name and number, and the names of the parties
involved.
2. Introduction: The affidavit should start with a statement of the affiant's name, address, and
qualifications as a witness.
3. Statement of Facts: The main body of the affidavit should contain a clear and concise description
of the facts that the witness is attesting to. These facts should be presented in a logical and
chronological order.
4. Sworn Oath: The affiant should affirm or swear under oath that the information provided is true
and accurate. This is often done in the presence of a notary public or another authorized official.
5. Signature: The affidavit should be signed by the witness, and the signature should be notarized or
witnessed as required by local laws.
6. Date: The date when the affidavit is signed should be clearly indicated.
7. Language and Clarity: The language used should be clear and easy to understand. Avoid technical
jargon or complex language.
8. Length: Affidavits should be concise and to the point, focusing on the relevant information.
9. Legal Format: It's important to follow the specific legal format and rules of the jurisdiction where
the affidavit will be used.
10. Witness's Contact Information: Provide contact information for the witness, including their
address and phone number.

V. Vocabulary/ Definition of Terms

Affidavit - a written statement provided by an individual who has witnessed an event,
has knowledge of certain facts, or can testify to specific information relevant to a legal
proceeding.

Witness - refers to someone who has information about a case that has gone to trial. A
witness could be someone who heard or saw something related to the event that is
being tried in court.

Signature - The signature anchors the agreement to a legally binding, enforceable,

actionable reality. A signature conveys: The identity of the parties entering into a
contract.

Oath - A declaration made according to law, before a competent tribunal or officer, to

tell the truth; or it is the act of one who, when lawfully required to tell the truth.

Affiant - is a legal term referring to someone who signs or swears to a document

containing information that the signer is asserting as facts, which will be used as
evidence in the court of law.
Notary - is a publicly commissioned official who serves as an impartial witness to the
signing of a legal document.

Affiant sayeth naught - (with variations also using the words “saith” and “not”) is the
words simply are added to the end of affidavits and other legal documents to signify
that the person has nothing else to say about the issue being discussed.

Deponent- someone who makes an affidavit under oath.

Scilicet- which means “namely” or “in particular”, specifying the required venue
element of the acknowledgment.

Sworn statement- is a legal document that recites facts or statements that are relevant to
a court case or legal proceeding.

• Interrogatories - are written questions that one party in a legal case sends to
another party involved.

• Cross-examination - is a legal process during which an attorney questions a

witness called by the opposing party.

• Notary Public- is an official authorized to witness and authenticate the signing of

important documents, including affidavits.

• Settlement-an official agreement intended to resolve a dispute or conflict

• Complainant- Complainant is a party who initiates a lawsuit in a court of law or

an administrative proceeding. In the context of criminal law, “complainant”
refers to a person who alleges that another committed a criminal act against
him/her.

• Defendant- Defendant, in criminal cases, is the person accused of the crime. In

civil cases, the defendant is the person or entity that is being sued by the
plaintiff. In certain types of actions, the defendant is called the respondent.
However, the term respondent is usually used to designate the person
responding to an appeal.

Complaint- A sworn written statement charging a person with an offense, subscribed

by the offended party, any peace officer, or other public law officer charged with the
enforcement of the law violated. It may be files at the prosecutor’s office as a
requirement for preliminary investigation.
Notarization - is the official validation of documents by a licensed authority to ensure
their authenticity and legality.

Notary public - is a state-appointed official responsible for verifying and certifying the
signing of legal documents, confirming identities, and preventing fraud.

Perjury - is the act of knowingly providing false information or lying under oath,
typically in a legal setting such as a court proceeding or when signing an affidavit.

Coercion - refers to the use of force, threats, or pressure to compel someone to do

something against their will or better judgment.

VI. Conclusion
To sum up, an affidavit is a strong legal document. It is a sworn statement that can be very important
in different courtrooms. The importance of an affidavit lies in the fact that it conveys a clear and true
version of events. This helps to establish credibility and the process of justice. An affidavit, like a
sworn statement, is very important in courtrooms because it ensures that correct information is given
and considered, which helps to settle legal matters fairly. Affidavits are also useful outside of
courtrooms, as they can be used in administrative, commercial, and personal settings. By providing a
formal, notarized record of events or situations, affidavits are a dependable way to document
information, support transactions, and verify claims. This versatility makes it even more important to
understand what an affidavit is and what it needs to be written correctly, reinforcing its status as a
reliable legal document that ensures the accuracy of sworn statements in all aspects of life.

VII. References/ Bibliography

https://www.scribd.com/document/529904008/SAS-14-CRI-018
https://www.scribd.com/document/249617263/Affidavit-of-Arrest
https://www.doc.wa.gov/docs/forms/05-698.pdf
https://didm.pnp.gov.ph/index.php/reports-forms/legal-forms

https://didm.pnp.gov.ph/index.php/reports-forms/legal-forms
https://www.tncourts.gov/rules/rules-criminal-procedure/3#:~:text=The%20affidavit
%20of%20complaint%20is,person%20has%20committed%20an%20offense.

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CZWRXOHTI_M5GaqqQu-xRqYbrEozc2cPyxa4jU_Hs-1xAQ

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