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FUNDAMENTALS OF REPORT WRITING

According to the book of Dr. Oscar Soriano, One of the most basic considerations of report writing
is the language used. Direct-to-the-point words are essential to good police report writing. Use of specific
words also contributes to factual police reports. Every complete sentence must have at least one subject
and one predicate. Diction refers to the manner and style of expression in words. It is almost always
necessary to use a paragraph in any narrative report. A paragraph is simply a warning to the reader that a
change in thought is about to occur, or that a new subject to be explored. The report should be complete,
easily understood, brief and accurate.
1. Clarity - The police report must be clear and it should be written directly and easy to understand.
2. Accuracy - The police report must conform with the established rules of syntax, format, spelling
and grammar. The data presented must be precise and the information given must be factual.
3. Brevity - The police report must be short, with simple sentences, common words and easy to
understand.
4. Specificity - The police report must be specific by using concrete examples. A good descriptive
narration gives life to the written words through particular terms that project hues, movements, quantities
and shapes.
5. Completeness -The police report must be complete by using the 5W‘s and 1H.
6. Timeliness The police report must be submitted on time. As much as possible immediately after
the incident has happened.
7. Security - The police report must be considered classified, hence, transmission, handling, and
access to these reports should be limited only to police personnel who are granted by higher authority
security clearance. It is a top-secret document.
8.Impartiality - The police report must know what the receiving office needs to know. Important data
must not be omitted or added to conceal responsibilities, to impute liabilities or to favor parties.
Important Uses of Report Writing
1. They serve as records for police administrators id planning, directing, and organizing the unit's
duties.
2. Reports can be used as legal documents in the prosecution of criminals.
3. Reports can be used by other agencies.
4. Reports can be useful to local media which need access to public documents.
5. The author of a report should also consider that his work is reflective of his personality.

Source:Soriano, Oscar G. (2005), Basic Police ReportWriting, Quezon City, Philippines: Wiseman‘s
Book Trading, Inc
WHAT ARE POLICE REPORTS?
✓ A police report is the physical record of an incident deemed to be illegal or potentially illegal. It is
taken by a representative of a police department and filed according to said department's
procedure. It is also known as an "incident report."
INCIDENT DATA The incident data on police report typically includes the forms of crime alleged (burglary,
arson, rape, etc.), the place of occurrence, how it was received and reported (over the phone as an
assault), the date and time of the report and the actual incident, any injuries sustained, and what officers
are involved.
Forms of Crime
Crime can involve violence, sex or drugs but also discrimination, road rage, undeclared work
and burglary. Crime is any behavior and any act, activity or event that is punishable by law. Here are
some types of crime:
Cybercrime Anyone using the internet can be a victim of cybercrime. Examples include identity theft and
child pornography. One way the government is combating this crime is through the Cyber Crime Reporting
Website.
Youth crime To increase public safety, the government is combating youth crime and antisocial behavior
by young people through swift intervention, rapid sentencing and appropriate aftercare.
Human smuggling and human trafficking The government has taken a number of measures to combat
human trafficking, including a higher maximum prison sentence for perpetrators.
Illegal possession of firearms Substantial fines and prison sentences may be imposed for the illegal
possession of firearms and illegal trade in firearms. Possession and sale of stilettos, flick knives and
butterfly knives are also prohibited.
Cannabis cultivation Cannabis cultivation is prohibited in the Netherlands. Cannabis growers often have
ties with organized crime. Cultivation is a source of nuisance and a risk to neighbors. There is a risk, for
example, of fire and antisocial behaviour by criminals visiting the premises.
The government will take action against people who supply equipment to grow cannabis. An
Act prohibiting organized cannabis cultivation is being drafted. It will increase the powers of the
police and the Public Prosecution Service to nip cannabis cultivation in the bud.
Fraud Fraud includes benefit fraud, tax fraud and money laundering from criminal activities.
The government will fight fraud by:
• confiscating laundered money and criminal assets: every year, the authorities seize tens of millions
of euros and luxury goods such as boats and cars from criminals;
• creating more capacity for financial investigations by the Fiscal Information and Investigation Service
Economic Investigation Service (FIOD-ECD);
• paying more attention to financial investigations in basic police training.
WHAT IS A POLICE INCIDENT REPORT?
✓ While the term police incident report sounds so straightforward you might think it's self-explanatory,
it's actually just the entrance into a deep rabbit hole of law enforcement reporting jargon. It's
absolutely necessary for police departments to maintain detailed logs of factual and eye-witness
information pertaining to reported crimes, and alongside the police report, the incident report serves
as one of the very first documents on that journey as told by the victim of the crime.
✓ Right off the bat, the most defining characteristic of an incident report is that it is not written by
the police. When a crime occurs and is reported to the police, the victim of the crime makes a
statement regarding the incident. This is the incident report.
✓ The incident report may include supporting documents that corroborate, or are related to, the
victim's statement, such as letters or bank statements. Police departments often grant insurance
companies and businesses that request a police report access to the incident report; these are
not usually used as tools for further investigation for law enforcement agencies (leave that to the
police report).
✓ Before diving too deeply down the police jargon rabbit hole, it's crucial to bear in mind that
nomenclature and naming habits often vary across police departments. And of course, the
term incident report is also used for workplace reports, traffic incidents and medical incidents, which
may further add to the confusion. For police use, incident reports are also sometimes called offense
reports.
WHAT ARE THE CONTENTS OF POLICE INCIDENT REPORTS?
Even more so than naming conventions, the actual contents of an incident report vary widely with the
nature of the incident. Most police departments offer incident report forms, which serve as templates for
victims to fill in relevant information. These reports are packed full of info, often including:
• Type of crime.
• Date and time the crime began.
• Date and time the crime ended.
• Date and time the report was created.
• Location of the incident.
• Type of location, such as school or restaurant.
• Identifying information for the victim, including name, date of birth, driver's license number and Social
Security number.
• Physical information for the victim, such as height, weight, age, hair color, race, sex and eye color.
• Contact information for the victim, such as residence address, business address, employer name, phone
numbers and email address.
Because incident reports are commonly used in cases of theft, some templates may also include
specific prompts for the type of theft, the method and points of entry and exit, and a space to list stolen
property, including details such as the quantity, brand, model, serial number, color, estimated market value
and monetary value of any damage that occurred. Similarly, other incident reports cater to injury-related
crimes, such as domestic abuse, and may contain fields asking the victim to describe the type of injury and
the victim's relationship to the abuser, if any.
Perhaps most importantly and characteristically, incident reports contain space for the victim's
narrative (this can also be attached on additional sheets of paper). The narrative is a free-form section
for the victim to write a detailed account of the incident as it occurred, as well as to provide any
additional information the writer of the incident report deems relevant to the situation. The victim signs the
incident report, verifying a short, usually prewritten statement that the information contained in the
document is, to the best of the writer's knowledge, true and correct.
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).
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 (Bajado – Nano & Pioquinto, 2014).

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 (Bajado – Nano & Pioquinto, 2014).

LEGAL FORMS IN ACTION

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 (Suarez, Rolando A, 2007).

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 ( https://legaltemplates.net).

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 (https://smallbusiness.chron.com).

Judicial Forms refer to forms which pertain to different kinds of pleadings, applications, petitions,
affidavits, motions, and the like (Suarez, Rolando A., 2007).

Furthermore, Judicial forms include forms in Ordinary Civil Actions, Special Civil Actions, Special
Proceedings and Criminal Actions (Suarez, Rolando A., 2007).

LEGAL FORMS USED IN LAW ENFORCEMENT

Bajado – Nano & Pioquinto (2014) enumerated the ff legal forms used in law enforcement. These are:

1. Sworn Statements
2. Affidavits
3. Complaints in Criminal Cases
4. Inquest Forms
5. Information (https://ndvlaw.com)
6. Deposition of Witness (https://lawphil.net)
7. Motion for Reconsideration (https://itlaw.wikia.org)

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 3 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.

Sample Format of Sworn Statement

REPUBLIC OF THE PHILIPPINES)


NATIONAL CAPITAL REGION)
CITY OF LAS PIÑAS) S.S.

I, ________, of legal age, Filipino, a resident of Las Piñas City, after being duly sworn in
accordance with law, hereby depose and state that:

1. I am a full-time employee of South Ville International School and Colleges situated at


1281 Tropical Ave. Cor. Luxembourg St., BF Homes International, Las Piñas City,
working as a security guard in the said educational institution, under the supervision of
the head of the Security Division, Fr. Padua J. Montellano;

2. On the 10th of September 2006 at around two o’clock in the afternoon, I was assigned to
patrol the school’s parking lot;

3. I saw and recognized Melanie Batumbakal in her school uniform together with Melanie
Batumbakal as they approached the parking lot area. At that time, I was about three (3)
meters away from the car where Melanie and Scarlet boarded;

4. Right then and there, I saw Melanie forcefully made scarlet board the 2012 Hyundai
Accent black car, with plate number MEL 203, and overheard Scarlet violently refusing
the order of Melanie;

5. I did not intervene because Melanie Batumbakal is personally known to me, since there
were several instances when she was the one who personally fetched her child from
school, and Melanie used to visit her husband Frank Batumbakal in the school’s Faculty
Office;

AFFIANT SAYETH NAUGHT.


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 27th day of March 2014, affiant exhibiting to
me his Driver’s License No. N-04-0020000 bearing his photograph and signature, issued on 18
March 2011 at the City of las Piñas and valid until 18 March 2015.

Notary Public for Las Piñas

Book No. I
Doc. No. 33
Page No. 4
Series of 2014

Sample Format of Sworn Statement in Question-and-Answer Format

SWORN STATEMENT OF PEDRO PENDUKO THAT


WAS FREELY AND VOLUNTARILY GIVEN TO POLICE CORPORAL, ARCHIE SINGIT, MEMBER
OF THE PHILIPPHINE NATIONAL POLICE, ORMOC CITY STATION 3, INVESTIGATORS OFFICE
LOCATED AT BRGY, LILO-AN ORMOC CITY, THIS 31ST DAY OF DECEMBER, 2019 AT
ABOUT 11:30 IN THE MORNING IN THE PRESENCE OF ATTY, JASPER BARTE HIS
CHOSEN COUNSEL OR COUNSEL GIVEN BY THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES, TO ASSIST HIM IN THE GIVING OF STATEMENTS

Mr. / PEDRO PENDUKO


hereby volunteer yourself to give sworn statement about your
personal knowledge about shooting incident that transpired on Dec, 30 2019 at 10:30 pm..
Before you will give
your sworn statements, I would like to inform you of your rights
enshrined under the 1987 Philippine Constitution, as follows:

1. That you have the right to remain silent and any information that
you will give can be used as evidence against you in any court of
the Philippines;
2. That you have a right to have a counsel preferable of your own
choice, if you cannot afford the services of the counsel, the
Government of the Philippines will give you one to assist you;
3. That you have the right to know why you are here in our Office; and
4. That you have the right to be informed of all your Constitutional rights enumerated above.

QUESTION: After you were informed of all your Constitutional rights,


are you willing and voluntarily sign your signature to
attest that you were informed and fully understand your
rights under the 1987 Philippine Constitution?

ANSWER: YES SIR

QUESTION AND ANSWER:


01. QUESTION - Mr.PEDRO PENDUKO will you tell the whole truth and only the truth in this
investigation?
ANSWER - YES,SIR
02. QUESTION - Are you willing to give your free and willing statement?
ANSWER - YES
03. QUESTION - Can you in this investigation tell your real name and your other identities?
ANSWER - I AM PEDRO M, PENDUKO ,, A.K.A PETER
04. QUESTION - What is the reason that you are here in our office and gave your free and
voluntary statement?
ANSWER - I am willing to help in order to stop the killing of innocent people
05. QUESTION- Where and when such an incident occurred?
ANSWER- in Brgy, San Antonio Ormoc City, at around 10:30 pm
06. QUESTION - Who were involved in the shooting?
ANSWER - Mr. MARIO
07. QUESTION - How did the shooting happened?
ANSWER - I think there is an old grudge between them, sir.
08. QUESTION - Do you know the victim?
ASWER - yes sir , he is my friendly neighbor
09. QUESTION - For the benefit of this investigation can you tell what actually happened in the
shooting?
ANSWER - When I was about to buy some softdrinks in the place near the incident, I
saw MARIO holding a gun and I was scared but I was able to hide and later
on while ANTONIO (the victim) was walking, he fired 3 times and ran away.
10. QUESTION - As you know some of the shooters were armed with guns and what were the
calibres used?
ANSWER - I saw MARIO holding his 45 calibers
Page 2 of the free and voluntary statement of PEDRO PENDUKO, this time 31 of DECEMBER,
2019.
11. QUESTION - Besides, do you know other people who had seen such shooting incident?
ANSWER- no sir, I think I was the only one who saw the incident
12. QUESTION - What did you do after you witnessed the incident?
ANSWER - I pretended that I had not seen the incident bec. I was scared but I was
bothered by my conscience
13. QUESTION - If you see him again can you recognize him?
ANSWER - yes sir
14. QUESTION - For the meantime, I don’t have further questions, do you have any
statements to add or take away on this affidavit?
ANSWER- Don't have sir for the meantime.
15. QUESTION - Were you threatened, promised or bribed to do this confession?
ANSWER - No sir. I made it voluntarily with my own free will.
16. QUESTION- Are you willing to sign this affidavit consisting of three (3) pages, to certify
that all the statements you made are true.
ANSWER - Yes, sir

END OF THE STATEMENT: December 31, 2019 1:00pm

PEDRO PENDUKO
WITNESS
SUBSCRIBED AND SWORN TO before me this December, 31 2019 at police station 3,
Brgy Liloan Ormoc City

SPO1, MILVIN SUEGUERRA


Administering Officer
CERTIFICATION
I HEREBY CERTIFY THAT I have personally examined the herein affiant under oath and
that I am fully satisfied that he voluntarily executed and understood his statement

SPO1, MILVIN SUEGUERRA


Administering Officer

Affidavits. (2) These are types of verified, formal sworn statements of fact signed
by an affiant or author, and witnessed by a notary public. These could be used as
evidence in court proceedings.

An affidavit is composed of the following parts.


Commencement refers to the affiant
Individual Averments refers to separate claims that are numbered as mandated by law
Statement of Truth refers to the statement verifying that what is stated is true under oath
Attestation refers to a clause certifying the oath and the date made by the affiant
Signature refers to the signature of the affiant and the notary public
Examples of Affidavits are the following:

Affidavit of Complaint. Section 3 of Rule 110 defines complaint as 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.
This complaint may be filed in the prosecutor’s office. Filing of the complaint is
necessary to conduct preliminary investigation. The persons who may file a criminal
complaint is 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
2. the designation of the offense by the statute
3. the acts or omissions complained of as constituting the offense
4. the name of the general offended party
5. the approximate time of the commission of the offense
6. the place wherein the offense was committed
Sample of Complaint Affidavit

Donna Mae Anne S. Gragasin July 23, 2012


2012-51308-1 Legal Forms: Complaint Affidavit (#3)

REPUBLIC OF THEPHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE PROSECUTOR
MANILA

THE PEOPLE OF THE PHILIPPINES,

Complainant,
-versus- IS # 134590
xxx

Accused, CARLITO A. DIAZ and WILFRED O. REVILLA


x--------------------------------------------x

CRIMINAL COMPLAINT AFFIDAVIT

I, Rose Anne D. Bala, the undersigned, of legal age, and a resident of #21 Galicia Street,
Sampaloc Manila, accuses Carlito A. Diaz and Wilfred O. Revilla of the crime of Robbery,
committed as follows:
1. At around 11:30PM of Saturday, July 21, 2012, I, Rose Anne D. Bala was passing by
P.Noval Street, Sampaloc Manila to my apartment at #21 Galicia Street, Sampaloc
Manila.
2. While I was passing by the said street I was holding a shoulder bag on my right arm and
a book on the left arm, walking in a moderate pace towards Espana Boulevard.
3. That at P.Noval Street, before I cross Espana Boulevard, two men riding a motorcycle
stopped in front of me. The man riding at the back, holding a “balisong” which was
pointed at me said, “akin na ang bag mo kung ayaw mong may mangyaring masama
sa’yo”.
ß
4. Because of terrible fear that the man would stab me if I did not give my bag to him, I
handed him my bag containing the following:
a. A brown Guess wallet with Identification cards, ATM card and a credit card inside
together with a cash worth two thousand pesos (P2,000.00).
b. A black Blackberry Curve
c. A Samsung galaxy tab SIII
d. School materials such as a blue notebook and a pen case.
5. That after the man took my shoulder bag, I screamed loudly the words “magnanakaw!
Magnanakaw! Habulin ninyo!”
6. That maybe because of twist of luck, a police car passed by right after the said incident
which immediately chased the two men in motorcycle. They crossed Espana Boulevard
and I already lost sight of them after several seconds.
7. That the two men, as I remembered, were both wearing jackets; the man in front, driving
was wearing a blue jacket and maong pants while the man at the back was wearing a
black jacket with maong pants. The man in front was wearing a helmet while the man at
the back was wearing a black cap.
8. The motorcycle was a red Yamaha motorcycle and instead of a plate number, a plate
with the words “for registration” was visible from the back.
9. Both men are of normal built, appeared to be “kayumanggi” or brown-skinned and of
average height.
10. That after a few minutes of standing at that street, a police mobile suddenly appeared
saying that the other policemen in the car which chased the two men in the motorcycle
reported the incident to them so they went to P.Noval area and found me standing in front
of a closed establishment, almost near Espana Boulevard.
11. That I was shaking and crying when the policemen came to get me. They brought me to
the a nearby police station where I narrated the incident
12. After about 40 minutes in the police station, there were two policemen, later on identified
as PO2 Donna Mae Anne S. Gragasin and PO2 Mark Arthur Catabona, who were
accompanying two men who appeared to be the men who grabbed my hand bag.
13. Later on, I positively identified the two men as those who were in the motorcycle because
of the black cap, the blue and black jackets that they wear respectively.
14. That the shoulder bag that was snatched from me with force and intimidation was with
PO2 Catabona already who alleged that he got the same during the apprehension that
they did. All the things inside my bag were recovered in good condition.
15. That all these stated herein are true and were stated freely without any force or
intimidation done against me.
16. To attest to the truthfulness of the foregoing, I, Rose Anne D. Bala, complainant, attaches
my signature below.

_________________________
Rose Anne D. Bala
Complainant

_____________________________________________________________________________________
___

SUBSCRIBED AND SWORN to before me, in the city of Manila, this 22nd day of July,
2012, the affiant exhibiting to me his Passport issued by Department of Foreign Affairs Manila on
15th of April 2012 at Roxas Blvd, Manila.

___________________________
Jonalene A. Pagala
Assistant City Prosecutor
Affidavit of Desistance. This refers to the complainant, who executes an
affidavit of desistance, when he/she no longer wishes to pursue a case against an
accused or defendant in a court case. The complainant states that he/she didn’t really
intend to institute the case and he/she is no longer interested in testifying or prosecuting.

This is the only ground for dismissing the case if only the prosecution can no
longer prove the guilt of the accused beyond reasonable doubt without the testimony of
the offended party.

Sample of Affidavit of Desistance

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA) S.S

I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila,
after having duly sworn to in accordance with law hereby depose and state:

1. I am the complaining witness for Serious Physical Injuries against Jesus Santos in the
case entitled "People of the Philippines versus Jesus Santos", Criminal Case No. 12345,
Metropolitan Trial Court, Branch No. 11, City of Manila.
2. After my sober and soul-searching assessment and analysis of the incident, I have
realized that because I was not wearing my eyeglasses and it was dark, I cannot point out,
without a doubt the accused or any other person/s who inflicted harm against me.
3. Since I could not state with certainty and without doubt the liability of Jesus Santos, in
fairness to him, I am permanently withdrawing my complaint against him. I clear him of whatever
responsibility or liability to me.
4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for
Serious Physical Injuries in Criminal Case No. 12345 entitled "People of the Philippines versus
Jesus Santos", Metropolitan Trial Court, Branch No. 11, City of Manila.
5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to dismiss
with prejudice the said criminal case.
IN WITNESS WHEREOF, I hereby set my hand this __ day of September 20__ at the City of
Manila.

Juan de la Cruz
Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the City of Manila,
Philippines.

Romeo Abad
Public Prosecutor
AFFIDAVIT OF ARREST. This refers to a statement given under oath and penalty under
perjury. It states about facts and circumstances about the arrest, the information which led to the
arrest, and the observation made before and after the arrest. This is filled out by the arresting
officer.

Sample of Affidavit of Arrest Republic of the Philippines)


MAKATI CITY) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x AFFIDAVIT OF ARREST

AFFIDAVIT OF ARREST

We, SP01 Antonio Rodriguez and P02 Manuel Santos, both members of the Philippine
National Police, presently assigned at the Makati City, Police Station, do hereby depose and state
THAT:

01. That on or about 11 o’clock in the evening April 25, 2008, I, 2nd affiant received a
report thru a phone call from Jose Garcia, security guard of Fiamma Bar in Jupiter
St., Makati City, that an alleged trouble in progress at Fiamma Bar.

02. That immediately after receiving the report, we proceeded in the reported place and
that thereat, we saw the persons of Baron Geisler, Patricia Martinez and Jose
Garcia.

03. That upon interview on Patricia Martinez – she alleges that Baron Geisler committed
an act of lasciviousness with Patricia Martinez, by touching her breast and left thigh.

04. That we invited Baron Geisler to go with us in the Police Station to clarify things
which he readily acceded.

05. That we informed Baron Geisler that he is being held for allegedly committing acts
of lasciviousness and apprised him of his Constitutional Rights as stated in the
Miranda Doctrine. We then brought and indorsed the case for proper investigation.

06. IN TRUTH TO THESE WE HEREUNTO affixed our signatures below to the


truthfulness of the foregoing.

SP01 Antonio Rodriguez P02 Manuel Santos


1st Affiant 2nd Affiant

SUBSCRIBED AND SWORN to before me this ____ day of __________________ at Makati City,
Philippines.

RODRIGO DELA CRUZ


Police Inspector
Oath Administering Officer
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.

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 Criminal Cases against _______________________________ for violations of
________________________.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 7th day of February 2024
at ___Concepcion_________, ______Tarlac_________.
SAYETH NAUGHT
_______________________________

Affiant

SUBSCRIBED AND SWORN to before me this __7th_ 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
Republic of the Philippines }
Province of Bukidnon }S.S.
City of Valencia }
X---------------------------------X

AFFIDAVIT OF WITNESS

I, JERAMEL LIANGCO Y LUMAHANG, 25 years old, single, student and a resident of


Purok- 11 Poblacion, Valencia City, Bukidnon. After having been duly sworn to in accordance
with law do hereby deposed and say;

That on or about 2230H of 06 September 2010 while we stayed in “Balotan” at Plaza


Rizal along the Sayre Highway when Mr. Geronda slapped to the head portion of Mr. Casumpang
without any reason and words but unfortunately he saw the strike of Mr. Geronda and then
protect himself through his defense tactic and a few second Mr. Geronda run away to the said
place. Then after the incident, Mr. Casumpang directly went to the Church. As I observed of Mr.
Geronda, he was drunk since he came from Bar Haus at the front of Plaza Rizal.

IN WITNESS WHEREOF I hereby set our hand this 25th day of September 2010 at
Valencia City, Philippines.
JERAMEL LIANGCO Y LUMAHANG
Affiant

SUBSCRIBED AND SWORN to before me this 25th day of September 2010, at Valencia
City, Philippines. I HEREBY CERTIFY that I have personally examined the above- named affiant
and that I am convinced that the affiant personally and voluntarily executed this instrument and
fully understood the same as well as the legal consequences thereto.
________________________
Notary Public
INQUEST FORMS

Inquest Forms. 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 person
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.
Sample Letter to the Inquest Prosecutor

Republic of the Philippines


PHILIPPINE NATIONAL POLICE
Headquarters
(Group/District/or Unit)
Camp Crame, Quezon City

Date: _____________

The Honorable City Prosecutor


Manila
(Attn: Inquest Prosecutor)

Sir:

I have the honor to send you herewith a case of HOMICIDE (DOA) for inquest only,
wherein the victim was one MARIANO CORPUZ Y SOLON, 27 years old, single, jobless, and
lastly resided at No. 234 Miguelin St., Sampaloc, Manila. The accused is ROMAN CRUZ Y PLAZA, 25
years old, single, vendor, native of Cebu City and residing
at No. 208 Algeciras St., Sampaloc, Manila.

(UNDER ARREST )

ENCLOSURES:
1. Crime report dated Nov. 20, 1993;
2. Booking sheet and arrest report of accused;
3. Sworn statement of Ray Cruz, father of deceased;
4. Sworn statement of witness, Luis Villa;
5. Death certificate of deceased and
6. Necropsy report from the Medico-Legal Office

WITNESSES:
1. Ray Cruz No.238 Miguelin St. Sampaloc, Manila
2. Daryl Ortega No. 349 Algeciras St., Sampaloc, Manila
3. Luis Villa No. 372 Algeciras St., Sampaloc, Manila
4. Dr.Mercy Rado c/o Medico-Legal Office, Manila
5. Dr. Ruel Belmonte c/o JRRMH, Manila
6. SPO2 James Ortiz SIG, CISC, PNP, Camp Crame, Quezon City
FACTS OF THE CASE:

Investigation disclosed that the victim and the suspect were long-time friends. On Nov.
20, 1992. At around 7:30pm, two men together with several others had a drinking spree inside the
house of the victim. After consuming several bottles of beer, a heated altercation ensued
between one of the victim’s guests and the suspect which eventually led to a fistfight. The victim
intervened but was stabbed by the suspect. The victim was conveyed to the JRRMH in Manila,
but was pronounced DOA by the attending SOD. The suspect, who was apprehended by the
responding officers, was turned over to this office for investigation.
On the account of the foregoing, the suspect was placed under arrest and the charge of
HOMICIDE against him will be brought to the attention of an inquest fiscal for proper disposition
and recommendation.

This case will be brought to you bySPO2 James T. Ortiz of this command.

Very Respectfully,

MICHAEL D. Dasigao
Chief Inspector, PNP Investigation Chief
RECOMMENDATION:

_____________________________
(Inquest Prosecutor)

MOTION FOR RECONSIDERATION

✓ A motion for reconsideration (or motion to reconsider) is a 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 light
of that review (https: itlaw.wikia.org).

Sample of Motion for Reconsideration

Republic of the Philippines


_______________________________________
________________________
_______________________________ Criminal Case No. ________
Complainant,
For
-versus-
___________________________ ________________________
Accused,
X -----------------------------------------x
MOTION FOR RECONSIDERATION

COMES NOW the complainant by the undersigned attorney and within the reglementary
period prescribed by the Rules of court hereby files this motion for reconsideration from the
judgement of rendered by __________________ of and if produce will p_____________ by
virtue of newly found evidence which was not obtained during the trial of this case and if produce
will substantially affect the decision of the Honorable Court, to wit:

a. Newly found evidence

b. New vital witness

PRAYER

WHEREFORE, it is most respectfully prayed that the instant petition be considered by the
Honorable Court and further grant the complaint other relief be granted as shall be deemed just
and equitable in the premises

__________________, ____________________________, ________________

____________________________
(Attorney for the Complainant)

____________________________
(Address )

Copy hereof received ________ this


_____________ day of ________, ___________

______________________________
(Counsel for the Accused)

_________________________________
(Prosecutor on Case)

EXPLANATION
(Proof of Service)

_____________________________
( Attorney for the Complainant)

______________________________
( Address )
Official Notices

Official notices may be in the forms of the following: Summons, Appearance


Notice, Subpoena, Warrant of Arrest, and Search Warrant. Exemplified below are the
description and examples of each form ( Bajado-Nano & Pioquinto, 2014).

Summons/Appearance Notices. Appearance notice and summons are official


notices telling a person that he/she has to appear in court at a specific time and place to
answer to a criminal charge. Usually, a police officer gives the appearance notice, and a
summons may be received in the mail.

Specifically, an appearance notice is given to a person before he/she is charged


with an offense, while summons is given to a person who has already been charged with
an offense.

The appearance notices or summons tells a person of the date he/she has to
appear in court, the location of the court, and the types of offenses he/she is charged
with such as The Summary Conviction Offenses which are minor offenses like
causing a disturbance or shoplifting, and the Indictable Offenses which are more
serious, like murder, sexual assault, breaking and entering.

In cases where the second paragraph of the appearance notice or summons is


filled out, the addressee has to go to the police station to be fingerprinted and
photographed. If a person fails to go, a warrant of arrest may be issued for his/her arrest.
It is advisable to get a legal advice or speak to a lawyer right away if one receives an
appearance notice or summons.
Sample form of Summons from the Clerk of Court

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
BRANCH 3
MANDAUE CITY

_________________________
Plaintiff CIVIL CASE NO. 6330
--versus-- FOR: COLLECTION OF
SUM OF MONEY
& ATTY’S FEE

__________________
Defendant(s)

x---------------------------------/

SUMMONS

TO:

You are hereby informed that the Rules on Summary Procedure shall apply in the above
entitled case. Thus, you are hereby required to answer the complaint duly served upon you within
TEN (10) DAYS FROM SERVICE therof. Should you fail to answer the complaint within the
reglementary period stated herein, the Court will enter judgment against you by default and grant
the demand or relief applied for in said complaint.

Witness the Honorable _______________, Presiding Judge of this court, this ________
day of ______ 20______.

__________________________
Clerk of Court

Specifically, a subpoena is a conditional threat of punishment made by a governmental


authority if it is attached to a command, so that if the recipient does not do as
commanded then that person may be punished. If a person given a subpoena does not
appear, some courts have the discretion to find the person in contempt of court and
either order the person’s arrest or issue fines accordingly.

Types of Subpoenas

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
Sample form of Subpoena from Clerk of Court

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
7th Judicial
Branch 56
Mandaue City

PEOPLE OF THE PHILIPPINES


Plaintiff CRIM CASE: 355829

-versus-

________________________ FOR: THEFT


Accused
x-----------------------------------------/

SUBPOENA

TO:

Greetings:

You are hereby commanded to appear before this Court on the 8th of May 2011 at 8:00 in
the morning then and here to testify in the above-entitled case (s).

Fail not, under the penalty of the law.

WITNESS the HON __________________, Judge of this Court, this 10th day of April
2011.

________________________
Branch Clerk of Court

Served by: _________________

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.

Sample form of Warrant of Arrest

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
6TH JUDICIAL REGION
BRANCH 32
ILOILO CITY

CRIMINAL CASE NO. 14-1013-4

PEOPLE OF THE PHILIPPINES, WARRANT OF ARREST


Complainant, -versus-

SERAFIN CLAVEL II and


MARC LOVEL C. BEDONA
Accused.

TO ANY OFFICER OF THE LAW:

You are hereby commanded to arrest SERAFIN N. CLAVEL II and MARC LOVEL C.
BEDONA who are to be found at Brgy. Tiring, Cabatuan, Iloilo or anywhere in the Philippines and
who have been accused before this Court with the crime of ROBBERY WITH RAPE and deliver
them for forthwith to the nearest Police Station or Jail.
You are enjoined to execute this warrant of arrest within ten (10) days from receipt
hereof. Within ten (10) days after the expiration of such period, you are directed to make report
thereon to this court and in case of your failure to execute the same, to state the reason
therefore.
There was NO BAIL RECOMMENDED for the provisional liberty of the accused in this
case.
Iloilo City, Philippines, this 24th day of June, 2014.
GLOBERT JUSTALERO
JUDGE

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