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CDI 7 - TECHNICAL ENGLISH 1 (LEGAL FORMS)
TECHNICAL WRITING
Is a type of writing where the author is writing about a
particular subject that requires direction, instruction or
explanation.
It is a professional communication and a specialized form
of exposition: that is, written communication done on the
job, especially in fields with specialized vocabularies,
such as science, engineering, technology, and health
sciences.
CHARACTERISTICS OF TECHNICAL WRITING
The characteristics of Technical writing are as follows:
1.SIMPLICITY AND CONCISENESS
Writing short and using short words or sentences to make
documents easier to read. It also utilizes active voice,
rather than passive and avoids the use of jargon.
2. ACCURACY
There is no room for ambiguity or errors in a technical
document
3. AUDIENCE FOCUSED
A document written for experts will be very different from
one written for the general public.
4. AN OBJECTIVE, FACT AND TASK BASED
APPROACH
Technical writing is not emotive in style. It uses a very
objective, based approach, because it aims to convey
information.
5. CAREFUL CONSIDERATION OF DESIGN ISSUES
Technical writers often have to do more than simply write.
They also have to consider the design of their document
to make it easier to read. It includes the layout on the
page and the use of headings, subheadings, bullet points
and numbered lists to break up the document.
CRIMINAL JUSTICE SYSTEM
Is the system or process in the community by which
crimes are investigated, and the persons suspected
thereof are taken into custody, prosecuted in court and
punished, if found guilty, provisions being made for their
correction and rehabilitated.
LAW ENFORCEMENT
PROSECUTION
COURT
CORRECTIONS
COMMUNITY
WHAT IS TECHNICAL WRITING IN CRIMINAL JUSTICE
Effective communication is vital in criminal justice. Law
enforcement officers do far more writing than many
people think.
Criminal Justice report writing plays a central role in the
field.
Police write arrest, crime, incident, and evidence reports,
and they compose social media posts, community
outreach posters, and internal memos.
Due to authoritative nature of police work, law
enforcement communications must use clear, concise,
and articulate language.
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These documents might appear in trials or be
used to obtain warrants, making accuracy and
clarity absolutely essential.
Well-written reports provide a clear picture of an
event and the circumstances surrounding it as
well as providing an excellent reference source
when testifying in court or creating intelligence
briefs.
TYPES OF WRITTEN COMMUNICATION IN
CRIMINAL JUSTICE
1. NARRATIVES AND REPORTS
Police narrative construction is a formal story-
telling process necessary to focus investigative
strategy and to form the basis if a prosecution
case file.
The narrative tells the story if the crime; what
happened and why it happened.
2. LEGAL PLEADINGS AND CITATIONS
Legal pleadings are formal pieces of writing
submitted to the court, such as motions for
summary judgement and complaints for
damages.
The court may also evaluate formal legal
citations, such as tickets written by police
officers.
These documents provide the court with
information it
3. JUDICIAL ORDERS
A judicial order is a document written by a judge
that renders a decision about a case. It outlines
the legal rationale for the judge’s decision, and
may also outline the basic facts of the case.
4. STUDIES AND RESEACH
Studies on sentencing, the causes of criminal
behavior, proper police protocol and the
demographics of those involved in the criminal
justice system are all common.
Most studies are highly formal and academic,
and are typically overseen by academics or by
criminal justice experts with years of experience
in the field.
LEGAL FORMS
Legal forms are means for binding written
documents that serve as putting into effect legal
proceedings, court orders and notices.
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, Partnership and Corporation, and
Complaints in criminal cases. Official notices
may be considered as legal forms as Summons,
Appearance notice, subpoena, Warrant of
Arrest, and Search Warrant.
IMPORTANCE OF LEGAL FORMS
• To avoid disagreement common to parties of a
• To have a clear guide and evidence of the terms that
both parties agreed upon
• 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
• Judicial proceedings make use of forms as documentary
requirements and evidence for these proceedings,
containing therein legally binding information
COVERAGE OF LEGAL FORMS
1. BUSINESS FORMS
-the forms 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.
2. JUDICIAL FORMS
-the forms which pertains to different kinds of pleadings,
applications, petitions, affidavits, motions and the like.
WHAT IS CONTRACT?
Contract is a meeting of minds between two persons
whereby one binds himself, with respect to the other, to
give something or to render some service (New Civil
Code, Article 1305).
The contracting parties establish such stipulations,
clauses, terms and conditions as they may deem
convenient, provided they are not contrary to law, morals,
good customs, public order, or public policy (New Civil
Code, Article 1306)
3 ELEMENTS OF A VALID CONTRACT
According to the New Civil Code, there is no contract
unless the following requisites concur (New Civil Code,
Article 1318).
1. CONSENT OF THE CONTRACTING PARTIES
Consent is manifested by the meeting of the offer and the
acceptance upon the thing and the cause which are to
constitute the contract.
The following cannot give consent to a contract (New Civil
Code, Article 1327)
-Unemancipated minors
- Insane or demented persons, and deaf-mutes who do
not know how to write.
2. OBJECT CERTAIN WHICH IS THE SUBJECT
MATTER OF THE CONTRACT
Object of a contract are the following (New Civil Code,
Article 1347)
-All things which are not outside the commerce of men
(legal objects), including future things
-All rights which are not intransmissible;
-All services which are not contrary to law
morals, good custom, public order or public policy.
3. CAUSE OF THE OBLIGATION WHICH IS
ESTABLISHED
Cause of consideration is the essential reason which
moves the parties to enter the contract. This is the “why of
the contract” which dictates the nature of the contract.
WHAT IS NOTARIZATION?
Notarization or Notarial acts refer to any act that a notary
public is empowered to perform (Rules on Notarial
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Practice of 2004)
Notary is a public official whose duty is to attest
the genuineness of any deed or writing in order
to render them available as evidence of the
facts that contains.
POWER OF NOTARY PUBLIC
According to the Rule IV, section 1 of the Rules
on Notarial Practice of 2004, the power of
notary public are the following:
1.A notary public is empowered to perform the
following notarial acts:
• Acknowledgement
• Oath and affirmations
• Jurats
• Signature witnessing
• Copy certifications
• Any other act authorized by the Rules on
Notarial Practice of 2004
2.A notary public is authorized to certify the
affixing of a signature by thumb or other mark
on an instrument or document presented for
notarization if:
• The thumb mark or other mark is affixed in the
presence of the notary public and of 2
disinterested and unaffected witnesses to the
instrument or document
• Both witnesses sign their own names on
addition to the thumb or other mark
• The notary public writes below the thumb or
other mark: “Thumb or other mark affixed by
(name of signatory by mark) in the presence of
(names and addresses of witnesses) and
undersigned notary public
• The notary public notarizes the signature by
thumb or other mark through an
acknowledgement, jurat, or signature witnessing.
3.A notary public is authorized to sign-on behalf
of a person who is physically unable to sign or
make a mark on an instrument or document if:
• The notary public is directed by the person
unable to sign or make a mark to sign on his
behalf
• The signature of the notary public is affixed on
the presence of two disinterested and
unaffected witnesses to the instrument or
document
• Both witnesses sign their own names
• The notary public writes below his signature:
“Signature affixed by notary in presence of
(names and addresses of person and two
witnesses)
• The notary public notarizes his signature by
acknowledgement or jurat
PROBATIVE VALUE OF PUBLIC
DOCUMENTS
The effect of the notarization of a private
document is to convert the said document into a
public one and render it admissible in evidence
in court without further proof of its authenticity
and due executions.
REFORMATION OF INSTRUMENTS
When there having been a meeting of the minds
of the parties to a contract, their true intention is not
expressed in the instrument, purporting to embody the
agreement, by reason of mistake, fraud, inequitable
conduct or accident, one of the parties may ask for the
reformation of the instrument to the end that such true
intention may be expressed.
REQUISITES OF REFORMATION
• There is a meeting of the minds of the parties to contract;
• The written instrument does not express the true
agreement or intention of the parties;
• The failure to express the true intention is due to a
mistake, fraud, inequitable conduct, or accident
• The facts upon which relief by way of reformation of
the instrument is sought are put in issue by the pleadings;
• There is clear and convincing evidence of the mistake,
fraud, inequitable conduct, or accident.
BUSINESS FORMS
Business forms are written forms 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.
CONVEYANCE
Is the transfer and assignment of any property right or
interest from one individual or entity (the conveyor) to
another (the conveyee)
This is usually accomplished through a written instrument
– most often a deed- that transfers title to, or creates a
lien on property.
A conveyance refers to a contract, meaning that the
Supposing either party doesn’t do so, the other party is
capable of suing the defaulting party in court to either
claim damages or enforce the contract.
DEED
Is a written instrument under seal containing a contract or
agreement which has been delivered by the parties to be
bound and accepted by the oblige or covenantee.
It is a legal document that grants its holder ownership of a
piece of real estate or other assets, such as an
automobile.
CARDINAL RULES IN DRAFTING CONTRACTS/DEED
AS LEGAL DOCUMENTS
RULE 1: The usual commencement of a contract should
be:
“This Agreement” or “An Agreement” or “Articles of
Agreement”
RULE 2: The FULLNAMES of the parties, their capacity,
civil status, and their residences, should come next. The
logical order in which the parties are to be named in the
document must be observed.
RULE 3: The principal or operational clauses of the
document should be stated in separate, numbered
paragraphs
RULE 4: Verbosity (wordiness) should be avoided
RULE 5: Specific or technical terms, which have special
meanings in the document, should be especially defined
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RULE 6: Names of parties should be repeated.
The use of PRONOUNS would give rise to
AMBIGUITY
RULE 7: The document must be NEAT, FREE
FROM ERASURES, INTERLINEATIONS, OR
SUSPICIOUNS OF ALTERATIONS
RULE 8: A clause may be
inserted at the end of
an agreement that”
“This contract shall extend and be binding upon
the parties thereto, their executors,
administrators and assigns
RULE 9: The place and date of execution of the
document usually come LAST, and may be
stated thus:
“Signed in the City of Manila, Philippines, this
day of
WHAT IS A WILL?
A will is a legal document which is prepared with
certain formalities, and under which a person
directs what will happen to his/her property after
his/her death.
This will is effective only upon the person’s
death and it can be modified or revoked by the
person at any time during his/her life.
DISTINCTION BETWEEN A DEED AND A
WILL
While wills and deeds are completely different
documents, both of them have the effect of
transferring ownership of property, and both can
be used in disposing of such property in the
context of estate planning. A will disposes of
one’s estate upon death and a deed passes an
interest in land or other real property.
JURAT
Is that part of an affidavit in which the officer
certifies that the instrument was sworn to before
him.
It is used in affidavits, certifications, verifications,
or whenever the person executing a document
or instrument makes a statement of facts or
attests to the truth of an occurrence of an event
under oath.
A jurat should only be used in affidavits, sworn
statements, certifications, verifications and the
like, but never in Contracts.
ACKNOWLEDGEMENT
Is the act of one who has executed a deed, in
going before some competent officer or court
and declaring it to be his act or deed.
An acknowledgement is to authenticate an
agreement between two or more persons, or
where the document contains a disposition of
property.
INSTRUMENTS REQUIRED TO BE
ACKNOWLEDGED
The act of acknowledging instruments is
statutory and only those instruments that are
acknowledged shall be
acknowledged.
An instrument can not be acknowledged by a person
other than who executed
it.
The instruments that must be acknowledged are:
DEED
CONVEYANCES
MORTGAGES
LEASES RELEASES
DISCHARGE AFFECTING LANDS
SWORN STATEMENTS
A sworn statement is a document that contains facts that
are relevant to a legal proceeding. Sworn statements are
similar to affidavits, however, unlike affidavits, they are
not required to be signed, witnessed, or sealed by a
notary public. Instead, the person making the statement
signs a paragraph at the end of the document
acknowledging that the facts within the statement are true
to his knowledge, and being made under penalty of
perjury.
In taking sworn statement, the police should comply
Sec.12, Art.3 of the 1987 Constitution by reminding the
accused of his constitutional rights.
ARTICLE III
Bill of Rights
SECTION 12. (1) Any person under investigation for the
commission of an offense shall have the right to be
informed of his right to remain silent and to have
competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used
against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in violation of
this or Section 17 hereof shall be inadmissible in evidence
against him.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and
their families
AFFIDAVIT
Affidavit is a voluntary sworn declaration of written facts.
It is sworn before a notary or other officers entitled to
administer an oath or take acknowledgement.
The document needs to be authorized either by oath
commissioner or any Notary public so that the authenticity
of affiant’s signature can be proved.
Both the author and witness need to sign it, if the affidavit
is needed for conducting court proceedings therefore it
needs to be created in proper manner by any legal
profession.
The person making the sworn statement is referred to as
the AFFIANT.
In signing an affidavit, the affiant is asserting that
the the facts contained in the affidavit.
They are also stating that they are competent to testify
provided if called into court.
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EXECUTING AN AFFIDAVIT
In executing an affidavit, the affiant’s primary
qualification is that he has knowledge of facts
which he states, and the truth of which he
affirms.
It will be used to prove the truthfulness of a
certain statement in court.
It is either the personal knowledge of the affiant
or his/her information and belief or although not
based on their personal perspective, the affiant
states only what he/she feels they can state as
true.
An affidavit is only valid when made voluntarily
and without coercion.
LEGAL RESPONSIBILITY OF MAKING OR
EXECUTING AFFIDAVITS
An affidavit is a legal document that is vey
similar to a witness’s sworn testimony in a court
of law.
Prior to giving testimony, a witness in a trial
must swear that what they are about so say is
true and correct under the penalty of perjury. An
affidavit carries the same penalty of perjury,
only it is used to attest to things outside of the
courtroom.
The crime of perjury is committed by any person
who shall knowingly make untruthful statements
or make an affidavit, upon any material matter
and required by law.
ARTICLE 183. FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
AFFIRMATION
ELEMENTS:
1. That an accused made a statement under
oath or made an affidavit
upon a material matter;
2. That the statement or affidavit was made
before a competent officer, authorized to
receive and administer oath;
3. That in that statement or affidavit, the accused
made a willful and deliberate assertion of a
falsehood; and
4. That the sworn statement or affidavit
containing the falsity is required by law.
Two (2) Ways Of Committing
Perjury:
a.by falsely testifying under oath
b.by making a false statement
PARTS OF AN AFFIDAVIT
The parts of an affidavit are:
1. VENUE: the place where the affidavit was
taken. This will show whatever the official
administering the oath of affirmation has acted
within this jurisdiction
2. BODY: The facts stated in the body of an
affidavit must be stated positively, and not
merely a matter if belief, by one who has actual
knowledge of the fact and its allegations should
be full, certain and exact.
3. SIGNATURE OF THE AFFIANT AND THE
JURAT: The proper
place the signature is below the body of the affidavit.
JURAT is that part of an affidavit in which the officer
certifies that the instrument was sworn to before him.
SCILICET/SUBSCIPSI (SS)
Is used to particularize a general statement. “SS” literally
means “more particularly”
Example:
Republic of the Philippines, SS, City of Pasig means:
In the Republic of the Philippines, more particularly in the
City of Pasig.
COMMON EXAMPLE OF AFFIDAVIT
AFFIDAVIT OF LOSS
Is a document declaring the loss of a security usually
through theft or destruction. The affiant contains all the
details regarding the loss, such as the owner’s name and
any information pertaining to the security.
AFFIDAVIT OF BIRTH
Is a legal document that can be used to verify the facts
surrounding an individual’s birth, including birth date,
location and the name of each parent.
It is a document that acts as a written solemn oath that a
birth occurred. It may be completed by a medical
professional who witnesses a birth in the event that a birth
certificate is lost.
Once notarized, this form may help someone prove or
even apply for a new birth certificate.
A parent may also complete an Affidavit of Birth for their
child.
AFFIDAVIT OF DEATH
Is a sworn legal document used to
Affidavit of Death forms can only be written and signed by
someone who has first-hand knowledge of the person’s
death and is typically accompanied by a certified copy of
a death certificate.
An Affidavit of Death is often created with a specific
purpose, such as informing insurance companies,
banks,
AFFIDAVIT OF GOOD FAITH
Is an affidavit filed to
It is also part of the chattel mortgage contract wherein it is
stated that the chattel mortgage has been constituted to
secure a principal obligation and is not mean for fraud or
any ill purpose.
JUDICIAL AFFIDAVIT
Is written, out-of-court statement taken before a notary
public or any person authorized to administer an oath
(affidavit), is in a question and answer form (Sec.8, Rule 2,
AM No. 01-2-04 SC) and serves as witness’ direct
testimonies, subject to cross-examination in accordance
with existing rules on evidence.
CONTENTS OF JUDICIAL AFFIDAVIT
According to the Judicial Affidavit Rule (AM No. 12-8-8-
SC)
Section 3. Contents of judicial Affidavit.A judicial affidavit
shall be prepared in the language known to the witness
and, if not in English or Filipino, accompanied by a
translation in English or Filipino, and shall contain the
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following:
• The name, age, residence or business address,
and occupation of the witness;
• The name and address of the lawyer who
conducts or supervises the examination of the
witness and the place where the examination is
being held;
• A statement that the witness is answering the
questions asked of him, fully conscious that he
does so under oath, and that he may face
criminal liability for false testimony or perjury;
• Questions asked of the witness and his
corresponding answers, consecutively
numbered, that:
(1) Show the circumstances under which the
witness acquired the facts upon which he
testifies;
(2) Elicit from him those facts which are relevant
to the issues that the case presents; and
(3)Identify the attached documentary and object
evidence and establish their authenticity in
accordance with the Rules of Court;
• The signature of the witness over his printed
name; and
• A jurat with the signature of the notary public
who administers the oath or an officer who is
authorized by law to administer the same.
Section 4. Sworn attestation of the lawyer.
(a)The judicial affidavit shall contain a sworn
attestation at the end, executed by the lawyer
who conducted or supervised the examination
of the witness, to the effect that:
(1) He faithfully recorded or caused to be
recorded the questions he asked and the
corresponding answers that the witness gave;
and
2) Neither he nor any other person then present
or assisting him coached the witness regarding
the latter's answers.
(b)A false attestation shall subject the lawyer
mentioned to disciplinary action, including
disbarment.
AFFIDAVIT OF DESISTANCE
An affidavit of desistance is a written statement
under oath by the complainant stating that
he/she is no longer interested in pursuing the
complain or criminal case against another
person.
It is filed before the office or court where the
complaint is pending or being investigated.
However, merely filing the Affidavit of
Desistance does not automatically dismiss the
complaint or criminal case. The decision to
dismiss the complaint or criminal case ultimately
lies with the investigating officer or the judge.
A complainant may wish to desist from the
complaint or criminal case for a variety of
reasons, such as:
• He/she have already amicably
settled with the other persons
• He/she is no longer willing to spend either time
or effort in prosecuting the other person;
• He/she realized that he/she filed a complaint or
criminal case against the wrong person
REPLY/ANSWER AFFIDAVIT
Reply Affidavit or Affidavit in reply can be defined as an
affidavit served in court proceedings in which a deponent
responds to another party’s evidence where that party’s
evidence was itself in response to evidence served by the
party serving the reply affidavit.
The purpose of an affidavit in reply is simply to rebut or
answer matters raised for the first time on the affidavits to
which the replies are made.
COUNTER AFFIDAVIT
Is an affidavit filed by the respondent in reply to a petition.
It is an affidavit responding to and contradicting the
affidavit produced by an adversary.
It is an affidavit made in opposition to one already made.
AFFIDAVIT OF UNDERTAKING
This affidavit is voluntarily executed in order to attest to
the truthfulness of the foregoing narration of facts and
undertaking under administrative, criminal, and civil
liabilities and for whatever legal purpose it may serve.
AFFIDAVIT OF DISINTERESTED PERSONS
The affidavit contains the sworn statements of two
disinterested persons clarifying discrepancies in a
person’s name. The two persons who will sign the
affidavit should:
• Be disinterested persons or have no
interest in the subject-matter of the
affidavit
• Not be related to the person subject of the affidavit (e.g.
not a parent, child)d
• Have personal knowledge of the facts
subjectof the affidavit.
OTHER AFFIDAVITES AND FORMS USED BY LAW
ENFORCEMENT AGENCIES
AFFIDAVITS OF ARRESTING OFFICER
ARREST is the taking of person into custody in order that
he may be bound to answer for the commission of an
offense.
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.
COMPLAINT AFFIDAVIT
Is a sworn statement prepared by someone who wishes
to file a legal complaint. It becomes the basis for the case,
providing basic information about the facts of the matter
and outlining the nature of the case.
Is a statement alleging that a person has committed an
offense in writing subscribed and sworn to before any
prosecutor or government official authorized to administer
oath, or, in their absence or unavailability, before a notary
public
AFFIDAVIT OF WITNESS
A witness is a person with personal knowledge of a
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situation or incident. In court cases, witnesses
can help parties prove elements of their cases
through live testimony, deposition testimony or
affidavits.
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.
APPLICATION FOR SEARCH WARRANT
A search warrant is an order in writing issued in
the name of the People of the Philippines,
signed by the judge and directed to a peace
officer, commanding him to search for personal
property described therein and bring it before
the court.
All application 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/places to be searched
• Specific statement of things/articles to be
seized;
• Sketch and/or Picture, if available, of the place
to be searched
WARRANT OF ARREST
It is issued by the court to use in arresting
suspect/s. Arrest is the taking of person into
custody in order that he may bound to answer
for the commission of an offense. It is made by
an actual restraint of a person to be arrested. Or
by his submission to the custody of the person
making an arrest.
The person of office that cannot that cannot
execute warrant :
✓ Clerk of court
✓ Public Prosecutor
✓ Mayor
INQUEST
It is an informal and summary investigation
conducted by the Prosecutor in criminal case
issued by the court for the purpose of
determining whether or not he should remain
under custody and be charge in court
DURING INQUEST PROCEEDINGS THIS
REPORT/DOCUMENT SHALL BE INCLUDED:
✓ AFFIDAVIT OF ARREST
✓ INVESTIGATION REPORT
✓ STATEMENT OF THE COMPLAINANT AND
WITNESS
✓ OTHER SUPPORTIVE EVIDENCE
GATHERED
OFFICIAL NOTICES
1.SUMMONS/APPEARANCE NOTICE
✓ An official notice telling a person that she/he has to
appear in court at a specific time and place to answer the
criminal charge.
✓ If a person fails to go, a warrant of arrest may be issued
2. SUBPOENA
✓ An order in the court that requires someone to testify as
a witness. ✓ It is a conditional threat of punishment if
they will not appear.
TYPES OF SUBPOENA :
1. Subpoena ad testificandum - Orders a person to testify
in the court.
2. Subpoena ducestecum - Orders a person to bring
physical evidence before the court.
DEPOSITION OF WITNESS
Is a witness’s sworn out-of-court testimony. It is used to
gather information as part of the discovery process and,
in limited circumstances, may be used at trial. The
witness being deposed is called the deponent.
DOCUMENTS AFTER THE EXECUTION OF SEARCH
WARRANT ISSUED
RECEIPT FOR PROPERTY SEIZED
The police officer who confiscates property under the
warrant shall issue a detailed receipt of property seized to
the lawful occupant of the premises.
In the absence of the occupant, the detailed receipt shall
be left in the place in which he/she found the seized
property on the presence of at least 2 witnesses of
sufficient age and discretion residing in the same locality.
The receipt shall likewise include items seized under the
Plain View Doctrine (Revised PNP Operational Procedure,
2021)
CERTIFICATION OF ODERLY SEARCH
It is a document certifying that the search was conducted
in accordance with the law.
AFFIDAVIT OF DENIAL FOR NBI CLEARANCE
Affidavit of denial may be submitted to clear one’s name
when there are other records bearing the same name with
pending case or derogatory information.
APPLICATION/PETITION TO WIRE TAP
Wiretapping is the surreptitious electronic monitoring of
telephone, telegraph, cellular, fax or internet-based
communications.
It is achieved either through the placement of a
monitoring device informally known as a bug on the wire
in question or through built-in mechanism in other
communication technologies.
According to the RA 4200 or the anti wiretapping act
It shall be unlawful for any person, not being authorized
by all the parties to any private communication or spoken
word, to tap any wire or cable, or by using any other
device or arrangement, to secretly overhear, intercept, or
record such communication or spoken word by using a
device commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder, or however
otherwise described (Section 1)
Section 3 or RA 4200, states that it is NOT UNLAWFUL
or punishable for any peace officer, who is AUTHORIZED
by a written order of the court to perform wiretapping.
Downloaded by Harold Garao (haroldgarao12@gmail.com)
Provided, that such written order shall only be
issued or granted upon written application and
the examination under oath or affirmation of the
applicant and the witnesses he may produce
and a showing:
• Offenses of rebellion, conspiracy and proposal
to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, and inciting to
sedition, such authority shall be granted only
upon prior proof that a rebellion or acts of
sedition, as the case may be, have actually
been or are being committed;
• That there are reasonable grounds to believe
that evidence will be obtained essential to the
conviction of any person for, or to the solution of,
or to the prevention of, any of such crimes;
• That there are no other means readily available
for obtaining such evidence.
The order granted or issued shall specify:
• The identity of the person or persons whose
communications, conversations, discussions, or
spoken words are to be overheard, intercepted,
or recorded and, in the case of telegraphic or
telephonic communications, the telegraph line
or the telephone number involved and its
location;
• The identity of the peace officer authorized to
overhear, intercept, or record the
communications, conversations, discussions, or
spoken words;
• The offense or offenses committed or sought to
be prevented
• The period of the authorization. The
authorization shall be effective for the period
specified in the order which shall not exceed
sixty
(60) days from the date of issuance of the order,
unless extended or renewed by the court upon
being satisfied that such extension