Cditec9 Im

SCHOOL OF CRIMINAL JUSTICE WITH PUBLIC SASFETY
TECHNICAL WRITING 2
CDITEC9
(LEGAL FORMS)
FROMS)
A Self-regulated Learning Module 1

MODULE CONTENTS
LESSON
PAGE
Module 1
FIRST GRADING LESSONS
1. Introduction
1. Legal Forms in Law Enforcement
2. Legal forms in criminology
3. Definition and related terms
4. Classification of legal forms
5. Preliminaries of Affidavits
2. Affidavits/forms mostly utilized by the Philippine National Police Directorate for

Investigation and Detective Management such as:
a. Affidavit of Arresting Officer;
b. Complaint Affidavit;
c. Affidavit of Witness;
d. Application for Search Warrant;

Module 2
MIDTERM LESSONS
e. Memo for Preliminary Investigation;

f. Motion for Reconsideration; Deposition of Witness; and
g. Notice of Appeal.

1. Judicial Affidavit
2. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
3. Amendments made in Judicial Affidavit Rule
Module 3
FINAL LESSONS
Some similar legal forms that are being used in Law Enforcement such as but not limited
to the following:
a. Affidavit after execution of search warrant issued,
b. Application/Petition to Wire Tap,
c. Affidavit of Desistance,
d. Reply/Answer Affidavit,
e. Rejoinder Affidavit,
f. Counter Affidavit
g. Affidavit of Denial for NBI Clearance,
h. Affidavit of Undertaking,
i. Affidavit of Loss,
j. Affidavit of Disinterest persons,
k. Petition/Application for Compulsory Confinement for Drug dependent,
l. Petition/Application for Voluntary
m. Confinement for Drug dependent, and

n. Application for Voluntary Confinement for Drug dependent thru Representation.
EVALUATION OF THE MODULE . . . . . . . . . . . . . .

105
REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106

INTRODUCTION OF THE MODULE
Course Code CDITEC9
Course: Technical Writing 2 (LEGAL FORMS)
Description
The course covers the concepts of legal forms which includes : Legal Forms in
Law Enforcement, legal forms in criminology, definition and related terms, classification
of legal forms, affidavits/forms mostly utilized by the Philippine National Police Directorate
for Investigation and Detective Management such as Affidavit of Arresting Officer,
Complaint Affidavit, Affidavit of Witness, Application for Search Warrant, Memo for
Preliminary Investigation, Motion for Reconsideration, Deposition of Witness and Notice
of Appeal. Likewise, the Judicial Affidavit and some similar legal forms that are being used
in Law Enforcement such as but not limited to the following: Affidavit after execution of
search warrant issued, Application/Petition to Wire Tap, Affidavit of Desistance,
Reply/Answer Affidavit, Rejoinder Affidavit, Counter Affidavit. Affidavit of Denial for NBI
Clearance, Affidavit of Undertaking, Affidavit of Loss, Affidavit of Disinterest persons,
Petition/Application for Compulsory Confinement for Drug dependent, Petition/Application
for Voluntary Confinement for Drug dependent, and Application for Voluntary
Confinement for Drug dependent thru Representation.
Requirements of the course
1. Compiled answers to all the assessment questions of the modules

2. Sample Affidavits
3. Quizzes
4. Assignments
5. Major examinations
6. Research Paper

PREFACE TO THE MODULE
This module contains three modules with sub-lessons, designed and arranged
accordingly to meet the standards of practitioners and students. Each module contains
specific objectives and references in order to help criminology and criminal justice
practitioners as well as students/researchers in finding related topics from other
references thereby enhancing classroom discussion. This course is one of the subjects
in the Licensure Examination for Criminologists as identified in the Commission on Higher
Education (CHED) Memorandum Order Number 21. The contents of this book were
based from the syllabus issued by the Professional Regulation Commission (PRC). This
instructional material is a product of intensive research from several books, compilations
and electronic sources. Some of the contents of this book were part of the author’s formal
review/lectures to outside schools/ universities. This set of modules was enhanced by
Glena C. Gandalera- Alos. No part of this module be reproduced commercially without
the written permission of the author.

MODULE 1. FIRST GRADING LESSONS
INTRODUCTION TO LEGAL FORMS
OBJECTIVES:
At the end of the module, the learners shall be able to:
1. Know the Concept of Legal forms;
2. Recognize the importance of legal forms in Law enforcement and Criminology;
3. Tell the meaning of legal form and other important related terms;
4. Distinguish the classification of legal forms; and
5. Identify and apply the concept of Affidavits.
6. Know the Affidavits/forms mostly utilized by the Philippine National Police Directorate
for Investigation and Detective Management.
UNIT I. Introduction
A. Legal Forms in Law Enforcement
Due to the nature of our criminal justice system, law enforcement personnel must
possess integrity and be truthful regarding the application of laws. They are in charge of
conducting the required investigations into, apprehending, stopping, and detaining people
who have been found guilty of breaking the law or who are suspected of doing so.
Legal forms are regarded as a component of the legal system that regulates how
the law operates and how the enacted legislation grants or permits. As a police officer,
studying the legal documents provides an opportunity to develop their abilities and learn
more about the facets of their responsibilities.
Legal documents will also serve as a guide for law enforcement officials, acting as
a foundation for their appropriate application of the law. Legal documents may also aid

law enforcement officials in concentrating their efforts on safeguarding the objectivity of
the investigation and the participants.
The right-to-know and need-to-know approaches to information sharing are largely

used by law enforcement in their operations. Therefore, it is crucial that an officer has
legal understanding on how to properly complete legal forms.
B. LEGAL FORMS IN CRIMINOLOGY
Legal forms are legally-binding written records used in court cases and by law
enforcement. They can be identified by forms used in legal transactions or judicial
procedures that contain the necessary information, which may be expressed in technical
terminologies and organized in a systematic order in accordance with the circumstances
unique to certain instances. Students majoring in criminology take this course as part of
their curriculum to prepare them for careers as law enforcement officials.
Affidavits, acknowledgements, jurats, complaints, information, summons, warrants,
and subpoenas are a few examples of legal documents used in criminology. Legal forms
often fall into two (2) broad categories:
One is a business form, such as a deed, instrument, or document that grants,
transfers, modifies, or limits rights to real or personal property, as well as other forms
connected to business contracts or transactions?
The other is judicial form, which refers to templates for various pleadings,
applications, petitions, affidavits, and motions that are frequently used in criminal
proceedings, special proceedings, and ordinary civil actions.
C. LEGAL FORMS and RELATED TERMS
FORM is important when the law requires a document or other special form, such as
those mentioned in Article 1358 of the New Civil Code, donation of an immovable property
under Art. 749, NCC, pledge under Art. 2096, NCC (Suarez, 2007).
Study of Legal Forms includes the following:
1. Business Forms- Forms used in conveyance, 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 (Legal Forms, Suarez, 2007).
2. Judicial Forms- Forms which pertain to different kinds of pleadings, applications,
petitions, affidavits, motions and the like (Ibid).
DOCUMENT is a writing or instrument by which a fact maybe proven or affirmed. A

document may either be private or public.
1. Private Document – a deed or instrument executed by a private person, without the
intervention of a notary public or of other person legally authorized, by which a document,
some disposition or agreement is proved, evidenced or set forth.
Settled: A term which refers to the rule that a private document is binding
between the parties who executed the same, but not as to third parties
2. Public Document
a. An instrument authenticated by a notary public or a competent public official, with
the formalities required by law
b. An instrument executed in due form before a notary certified by him.
c. That which is made by a notary public in the presence of the parties who executed
it, with the assistance of two witnesses (Suarez, 2007).
Notarization:
The procedure used to guarantee to the public that the clauses in a
contract accurately reflect the parties' agreements.
It changes a private document into a public document and makes it
admissible in court without additional authentication.
Persons Authorized to perform Notarial Acts

• Notary public -refers to any member of the Philippine Bar in good
standing who is issued a Notarial Commission by the Executive Judge
where the petition is filed.
• Notary public ex officio- a government official who is clothed by law
with general authority to administer oaths and to perform notarial acts
within the limits of their territorial jurisdiction.
• President, Vice-president, Members and Secretaries of both Houses,
Secretaries of Departments, Governors, Mayors, Clerk of Clerk, etc.

LEGAL FORMS
An instrument or document to be employed in a legal transaction or a
judicial proceeding that includes the primary essential matters, the appropriate
technical phrases or terms, and any additional materials required to render it officially
accurate, arranged in suitable and systematic order, and conducive to adaptation to
the circumstances of the particular case.
This could be in the form of affidavits, sales of personal property, contracts,
complaints, etc.
Legal Forms are usually Templated, Pro Forma
Characteristics of a legal document

A legal document must have the following qualities in order to be clear and effective, and
to fulfill its intended purpose:
1. A legal document must be accurate. A legal document must contain facts and
information that are true and error-free.
2. A legal document must be concise. It doesn't require flowery language, a protracted
explanation, or other details that can be regarded unrelated to its goal.
3. A legal document must be clear. A legal document must be clear and understandable.
It must be concise, to the point, and capture the thought or information that it is attempting
to communicate.
4. A legal document must be organized. For the transition of points to flow smoothly and
be able to effectively convey the document's objective, the facts and information must be
coherently presented.
Things to consider when creating legal documents.
1. Correct grammar. As with all writing, grammar needs to be taken into account at all
times. This is stressed even more when it comes to legal documents. Since wordings and
even punctuation can affect the meaning of laws and words.
2. Be always precise in communication. This level of precision in the language and
terminology is indicative of a well-written legal document. Accuracy eliminates the need
for interpretation, especially in the case of contracts, and places the parties exactly where
they meant to be when they entered the agreement.

3. Avoid using legal jargons and highly technical terms. Simplicity bridges the gap
between a lawyer's perception of complex laws and a non-lawyer's perception of common
legal knowledge.
4. Consider the intended purpose of the legal document. Certain things may vary based
on the intended use of the legal document. The document's format might change.
Depending on the goal, the document's overall tone may also change.
D. Classification of Legal Forms

A. common forms; B. business forms; and C. judicial forms, are those required by
law as a document or other special form, some of which are cited in Article 1358 of the
New Civil Code for instances required to appear in public document, donation of an
immovable property under Art. 749. Civil Code, and pledge under Art. 2096. Civil Code,
respectively,
D.1. COMMON FORMS

Below are few samples so that you can better comprehend the many legal
forms available. There are several common forms that are frequently used,
including:
1). Acknowledgment- a statutory act such that only those instruments that are required
by law to be acknowledged shall be acknowledged; it is also a personal act such that it
cannot be acknowledged by a person other than the one who executed it.
Note: Acknowledgment is a statutory act such that only those instruments that are
required by law to be acknowledged shall be acknowledged; it is also a personal act
such that it cannot be acknowledged by a person other than the one who executed it
(Suarez,2022).
Instruments that must be acknowledged
a. Deeds
b. Conveyances
c. Mortgages
d. Leases
e. Releases and discharges affecting lands whether registered under Act
496 or unregistered

Note: If not acknowledged, such documents will not be accepted by the
Register of Deeds for registration (Suarez, 2022).
ACKNOWLEDGMENT WHEN MADE?
An acknowledgment is made in documents where there is transfer or conveyance of title
to property, transmission of rights or manifestation of agreement of parties (fulfillment of
a prestation to give, to do or not to do).
Note: It should be used only in contracts, never in affidavits or sworn statements.
(Albano, Albano, Jr.and Albano, 2004)
Scilicet or “S.S.”
“S.S.” literally means more particularly (Suarez,2022), to wit, or namely (Guevara,

2010). It is used to particularize a general statement (Ibid).
In notarized documents, it indicates that the legal document was executed in the
designated place within that particular jurisdiction for such an act.
Note: The omission of “S.S.” in a legal document is not material so as to invalidate it.
(McCord, et al. v. Glenn,6 Utah 139, 21 Pac. 500; Guevara, 2010)
CONTENTS OF ACKNOWLEDGMENT
a. Title of the notarial act
b. Place of execution
c. Date
d. Name of person acknowledging the document (as well as name/s
of the entity/ies being represented, if such is the case)
e. Competent evidence of identity presented
f. Date and place of issue of the competent evidence of identity
presented
g. Acknowledgment made to the notary public that it is the person’s
voluntary act and deed
h. Type of document executed and number of pages
i. Notarial certificate
j. Identity of notary public
k. Details of the notarial register

l. If executed in a representative capacity, a statement to that effect
Form 1: General Form of Acknowledgment
[1] ACKNOWLEDGMENT
[2] REPUBLIC OF THE PHILIPPINES)

PROVINCE OF _______________)
CITY/MUNICIPALITY OF _______) S.S.
[3] BEFORE ME, a NOTARY PUBLIC for and in the above jurisdiction, this ___ day
of _____, 20 ____, personally appeared the following persons
[4] [5] [6]
NAME IDENTIFICATION DATE AND PLACE OF ISSUANCE

________________ _______________ ____________________________
________________ _______________ ____________________________
[7] Known to me to be the same persons who executed the foregoing instrument and
they acknowledged to me that the same is their own free and voluntary act and deed
[12]and of the corporations herein represented.
[8] This instrument refers to a (title of document) and consists of ___ pages including
the page on which this acknowledgment is written and signed by the parties and their
instrumental witnesses on each and every page thereof.
[9] WITNESS MY HAND AND SEAL on the date and at the place above written.

[10] JUAN DELA CRUZ
NOTARYPUBLIC- Baguio City
Appointment No. ____
Until December 31, 20___
Roll no. ____
PTR no. ____, date of issue, place of issue
IBP no. _____, date of issue, placeof issue
Office Address:
Email:
Contact Number:
[11] Doc. No._____;

Page No. ____;
Book No.____;
Series of 20__
2). Jurat - that part of an affidavit in which the officer certifies that the instrument was
sworn to before him. It is not part of the affidavit.
Note: Jurat is important as it gives the document a legal character.
Who executes a Jurat?

The notary public. He certifies that the same was sworn before him.

Form 2: Jurat
REPUBLIC OF THE PHILIPPINES)

PROVINCE OF _______________)
CITY/MUNICIPALITY OF ______) S.S.
[1] SUBSCRIBED AND SWORN to before me, in the Municipality/City of_____, this ____
day of ____, 20___, the affiant exhibiting to me his (any competent evidence of identity)
issued by (issuing agency) on (date of issue) at (place of issue).
[10] JUAN DELA CRUZ

NOTARYPUBLIC- Baguio City
Appointment No. ____
Until December 31, 20___
Roll no. ____
PTR no. ____, date of issue, place of issue
IBP no. _____, date of issue, placeof issue
Office Address:
Email:
Contact Number:
[11] Doc. No._____;

Page No. ____;
Book No.____;
Series of 20__
CONTENTS OF A JURAT

Three (3) sections:
1. The Notary’s declaration regarding when and where the person took an oath
or affirmation as to the document or instrument and his competent evidence
of identity, bearing his picture and signature was presented.
2. The identity of the notary public with the following:
a. Complete Name of the Notary Public
b. Place of Commission
c. Appointment Number
d. Expiration Date of the Notarial Commission
e. Roll Number
f. PTR Number
g. IBP Number Office Address
3. The details of the Notarial Register:
a. Document Number
b. Page Number
c. Book Number
d. Series Number (year)
3). Pleadings - these are written statements of the respective claims and defenses
submitted to the court for appropriate judgment (Sec. 1, Rule 6, RRC).
Purpose of a pleading
- Its purpose is to define the issues and form the foundation of the proof to be submitted
at the trial. It narrows the case down to a specific issue.
Note: Pleadings cannot be oral because they are clearly described as “written” statements
(Riano, Civil Procedure)
1. KINDS OF PLEADINGS
1.Complaint
2. Answer

3. Counterclaim
4.Cross-claim
5.Third party claim
6. Reply
a. COMPLAINT
It is a concise statement of the ultimate facts constituting the plaintiff’s cause or causes
of action, with a specification of the relief sought, but it may add a general prayer for such
further relief as maybe deemed just or equitable.
Note: A pleading alleging the plaintiff’s cause or causes of action. The names and
residences of the plaintiff and defendant must be stated (Sec. 3, Rule 6).
FORM NO.2: COMPLAINT
(Caption and Title)
COMPLAINT
__________, MOST RESPECTFULLY STATES THAT; COMES NOW, the plaintiff

together with the undersigned counsel to this most honorable court
1. The Plaintiff is of legal age, married and a resident of ____________________.

The Defendant is likewise of legal age, married and temporary residing at
_______________________
2. The Plaintiff is the owner of the three-storey house unit located at the Aville
Subdivision, Baguio City, and having the residential address of FB 123 as evidenced by
pertinent documents like tax declaration and deed of sale. EXHIBIT "A")

3. The Defendant is the lessee of the house unit that is owned by the Plaintiff as evidenced
by the written contract of lease that both parties signed. (Exhibit "B")
4. The Plaintiff and the Defendant came up with a written agreement of Lease on June 6,
2023, which they both agreed upon and was duly signed by the two parties as shown in
their contract of lease. (Exhibit "B")
5. Item No. 16 of the contract which the defendant signed expressly provides that he will
only be occupying the property for one (1) year, after which, he will vacate the house
when that term expires. (Exhibit "B")
6. The contract also provides that the defendant should also take care of the property and
its premises" with the utmost diligence".
7. On June 28, 2023, the plaintiff, after returning from Japan, was surprised to discover
that the defendant did not vacate the property as he expected. Worse, he installed a “sari-
sari store” in the original building structure of the house unit.
8. The plaintiff confronted the defendant about it but the defendant claimed that it was a
“DEED OF SALE” which they signed and not a “CONTRACT OF LEASE” and therefore,
the defendant is the new owner of the house unit.
9. On August 20, 2023, after continuous demands, the defendant constantly refuses to
vacate the house unit and even invited relatives to stay with him.
10. The defendant willfully and maliciously violated the agreement which they mutually
agreed upon, and which the defendant signed.
PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable
Court that judgement be rendered in favor of the plaintiff and that after judgement;
a. The defendant shall vacate the house unit owned by the plaintiff.
b. The defendant shall be ordered to pay P 200, 000 for the Attorney’s Fees.
Such other reliefs and remedies under the premises are likewise prayed for.
________________________, Philippines, this day _________ of__________20____ .
Counsel for the Plaintiff

PTR No. 19075505:1-04-23:B.C.
IBP No, 793851:1-04-23:B.C.
Roll No. 98713:4-11-17: Manila
Rm. 2 1/F Baguio Boating Center
180 Burnham Lake, Baguio City
b. ANSWER

It is the pleading where the defendant sets forth his affirmative or negative defenses (Sec.
4 Rule 6). It may likewise be the response to a counterclaim or a cross-claim.
Note: An answer Is a compulsory pleading. This pleading may be an answer to the

complaint, an answer to counter claim or an answer to a cross-claim (Riano, Civil
Procedure)
c. COUNTERCLAIMS
It is any claim which a defending party may have against an opposing party (Sec. 6, Rule
6). It partakes of a complaint by the defendant against the plaintiff (Pro-Line Sports Inc.,
v. CA, G.R. No.118192, Oct. 23, 1997).
Note: The filing of counterclaim gives rise to complaints, namely, the one filed by plaintiff
by way of original complaint and the one filed by defendant by way of a counterclaim
(Riano, Civil Procedure). A counter claim may be asserted against an original counter-
claimant and a cross-claim may also be filed against an original cross-claimant. (Sec.9,
Rule 6)
d. CROSS-CLAIMS
REQUIREMENTS FOR A CROSS-CLAIM

1.A claim by one party against a co-party;
2. It must arise out of the subject matter of the complaint or of the counterclaim; and
3.The cross-claimant is prejudiced by the claim against him by the opposing party. (Sec
8, Rule 6)
e. THIRD (FOURTH, ETC.) PARTY COMPLAINT

A third (fourth, etc.) party complaint is a claim that a defending party may, with leave of
court, file against a person not a party to the action, called the third (fourth, etc.) party
defendant, for contribution, indemnity, subrogation or any other relief, in respect of his
opponent's claim (Sec.11, Rule 6).

f. REPLY
It is a plaintiff's or complainant's response to a plea, allegation, or counterclaim in the
defendant's answer.
4). Prayer - this is a part of the pleading which states the relief or reliefs prayed for by the
parties such as damages or other remedies which is not a part of cause of action.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Court that judgement be rendered in favor of the plaintiff and that after judgement;
a. The defendant shall vacate the house unit owned by the plaintiff.
b. The defendant shall be ordered to pay P 200, 000 for the Attorney’s Fees.
Such other reliefs and remedies under the premises are likewise prayed for.
________________________, Philippines, this day _________ of__________20____ .
Counsel for the Plaintiff

PTR No. 19075505:1-04-23:B.C.
IBP No, 793851:1-04-23:B.C.
Roll No. 98713:4-11-17: Manila
Rm. 2 1/F Baguio Boating Center
180 Burnham Lake, Baguio City

5). Certificate of non-forum shopping - a certification under oath by the plaintiff or
principal party in the complaint or other initiatory pleading asserting a claim for relief or in
a sworn certification annexed thereto and simultaneously filed therewith:
(i) that he has not theretofore commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no
such other action or claim is pending therein.
(ii) if there is such other pending action or claim, a complete statement of the present
status thereof; and
(i) if he should thereafter learn that the same or similar action or claim has been filed or
is pending, he shall report that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
6). Verification - a statement, under oath that the pleading is true. It includes both the
actual swearing to the truth of the statements by the subscriber and also the certification
thereto by the notary or other officer authorized by law to administer oaths.
FORM NO.3: VERIFICATION AND CERTIFICATION OF NON- FORUM SHOPPING
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, _____________________________, of legal age, after having been duly sworn in

accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;
4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or

agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.
_____________________
Affiant
Subscribed and sworn to before me this ________ day of __________20____ at

________________________ affiant exhibiting to me his Community Tax Certificate No.
_________________ issued on _________________ 20____ at ____________ City.
Doc. No._____;
Page No. ____;
Book No.____;
Series of 20__
D.2. BUSINESS FORMS
The second is business forms. These are used in conveyance, 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.
1. Contract - a juridical convention manifested in legal form, by virtue of

which one or more persons or parties bind themselves in favor of another or others,
or reciprocally to the fulfillment of a prestation to give, to do or not to do (4 Sanchez
Roman 146).

2. Deed - a written instrument under seal containing a contract or agreement
which has been delivered by the parties to be bound and accepted by the obligee
or covenantee.
3. A special power of attorney is a very limited power of attorney which

authorizes another person to do things on your behalf.
D.3. JUDICIAL FORMS
This refers to different kinds of pleadings, applications, petitions, affidavits,

motions and the like.
Affidavits is an ex parte statement in writing made under oath before a
notary public or officer authorized to administer oaths, about facts which the affiant
either knows of his personal knowledge or is aware of to the best of his knowledge
while a motion is an application for relief other than by a pleading.
II. UNIT II. AFFIDAVITS

A. Preliminaries
Affidavit: What is it?
An affidavit is a written statement of facts voluntarily made by an affiant under an

oath or affirmation administered by a person authorized to do so by law.
(encyclopedia.com)
An affidavit is a sworn statement used as evidence in court/legal proceedings. A

person sworn in by oath or affirmation creates a written statement and swears the
information is accurate.

This document is used in proceedings and legal matters. False information or lies
can lead to perjury allegations. Those who swear that an affidavit is credible are known
as "affiant" and may have to appear in court to testify about the affidavit.
The legal term comes from Medieval Latin "affidare" which means "to pledge."
 When you use an affidavit, you're claiming that the information within the
document is true and correct to the best of your knowledge
B. Elements of an Affidavit
You can't just write anything down and call it a sworn statement. It is typical to use an
affidavit form that includes four parts:
 Footnote listing where and when you took the oath and who swore you in -- this is
called a "jurat"
 A statement that explains you are swearing to the truthfulness of the information
 Relevant information
 Your signature
C. Parts of Affidavits
1. Place of execution
"ss“ - the latin word "Scilicet" meaning "in particular" or "namely".
2. Title of the document
3. Name and personal circumstances of the affiant
4. Body or Narration of the facts and circumstances
Numbered paragraph format
Language must be less formal

One specific topic (paragraph)
5. Identification details and signature of the affiant
6. Jurat
- When and where the document was signed

- Who witnessed the signing
7. Detail and signature of the administering officer

Affidavit vs. Deposition
-Writing an affidavit is similar to giving a deposition. A "deponent" is someone who

provides truthful information during a deposition, which is giving sworn statement
outside courtroom. Deponents are also called witnesses, and they provide information
before the case is brought to trial. In some cases, either side might use the information
at trial.
-Depositions are spoken and recorded, while affidavits are written.
UNIT III. AFFIDAVITS/FORMS MOSTLY UTILIZED BY THE PHILIPPINE NATIONAL

POLICE DIRECTORATE FOR INVESTIGATION AND DETECTIVE MANAGEMENT
A. AFFIDAVIT OF ARREST
Refers to a statement given under oath and penalty under perjury executed by the
arresting officers stating the facts and circumstances about the arrest, the information
which led to the arrest, and the observations made before and after the arrest.

An affidavit of arrest is a form that law enforcement officers fill out in connection
with an arrest. This form is often filled out when police officers want to get an arrest
warrant. In such cases, it is used to state the facts of the case and establish a probable
cause of personal arrest. An affidavit can be presented to a justice of the peace or a
justice of the peace who decides whether to issue a warrant. These types of forms can
also be completed in some jurisdictions after the arrest has already taken place. In this
situation, it can also be called an arrest report.
The affidavit can be used after the police have already arrested you. For example,
if a police officer witnesses a criminal committing a crime, a warrant may not be required.
A warrant may not be needed if a person's suspicious behavior gives the police a reason
to believe that they have committed a crime. In such cases, police officers may be
required to fill out an affidavit after the arrest and explain why the suspect was arrested.
Similar to the affidavit used to obtain a warrant, this type of affidavit is considered an oath
and the author may be prosecuted for perjury if it contains falsehood.
Sample of Affidavit of Arresting Officers
Republic of the Philippines )

____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x
JOINT AFFIDAVIT OF ARREST

We, the UNDERSIGNED Police Officers, both members of the Philippine National
Police, presently assigned at the __________________________, _________,
_____________, do hereby depose and state THAT:
01. We are among the members of the

___________________________________ who conducted entrapment operations at
_______________________ located along ________________________________,
_______________;
02. Said operation stemmed from the complaint of _____________ for

violation of ______________________________________ which was referred to our
office by the ______________________________ against _____________________,
(age), (civil status), (nationality) and residing at No. __________________________,
__________________;
03. On the complaint dated _______________, (state the act and the crime
committed).
04. Upon receipt of their said complaint, our office planned out an
entrapment operation against the suspect. At about ______________ of
______________, the undersigned together with the complainant proceeded at the pre-
arranged pay off _________________________ located along
____________________________, __________ to give the money being asked by the
respondent;
05. Upon arrival thereat, complainants waited for the suspect to arrive while
we the undersigned seated near the table of the complainants. At about ________,
suspect arrived and approached the complainants and after few conversations,
complainants handed over the marked money to the suspect that minutes of prompted
the undersigned to immediately effect arrest;
06. Seized and recovered in the possession and control of the arrested
person were the following, to wit:

a.) Marked Money, (state the denomination and serial numbers);
b.) (Name of documents promised);
c.) (type of CP and SIM Card); and
d.) Other evidence confiscated;
07. Suspect together with the seized and recovered evidence was brought
to the ___________________________________, ____________, ___________ for
booking and proper disposition. Likewise, the arrested person was apprised of their rights
as provided for under the Constitution of the Philippines.
08. The report of the PNP Crime Laboratory Group Physical Identification
Report No. ___________ dated __________, revealed that suspect
______________________ was POSITIVE for the presence of Bright Yellow Ultraviolet
Fluorescent powder on both palm and right dorsal portion of the hands.
We executed this joint affidavit to attest the truthfulness of the foregoing facts and
to support the filing of Criminal Cases against _______________________________ for
violations of ________________________.
AFFIANTS SAYETH NAUGHT.
IN WITNESS WHEREOF, we hereunto affixed our signature this ___day of

____________ at ____________, _______________.
_______________________________ ____________________________
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______ at
_______________. I HEREBY CERTIFY that I have personally examined the herein
affiants and I am satisfied that they voluntarily executed and understood their given
affidavit.
_____________________
Administering Officer
B. COMPLAINT/ AFFIDAVIT COMPLAINT
B.1. COMPLAINT
A complaint is a sworn written statement charging a person with an
offense, subscribed by the offended party, any peace officer, or other public
officer charged with the enforcement of the law violated.
The complaint shall be in writing, in the name of the People of the

Philippines and against all persons who appear to be responsible for the
offense involved.
Sufficiency of complaint or information.

A complaint or information is sufficient if:
a. it states the name of the accused;
b. the designation of the offense given by the statute;
c. the acts or omissions complained of as constituting the offense;
d. the name of the offended party;
e. the approximate date of the commission of the offense; and
f. the place where the offense was committed.

Note: When an offense is committed by more than one person, all of them shall be included in the
complaint or information.
A. Name of the accused. — The complaint or information must state the name and surname of
the accused or any appellation or nickname by which he has been or is known. If his name
cannot be ascertained, he must be described under a fictitious name with a statement that
his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some
other manner to the court, such true name shall be inserted in the complaint or information
and record.
B. Designation of the offense. — The complaint shall state the designation of the offense given
by the statute, aver the acts or omissions constituting the offense, and specify its qualifying
and aggravating circumstances. If there is no designation of the offense, reference shall be
made to the section or subsection of the statute punishing it.
C. Cause of the accusation. — The acts or omissions complained of as constituting the offense
and the qualifying and aggravating circumstances must be stated in ordinary and concise
language and not necessarily in the language used in the statute but in terms sufficient to
enable a person of common understanding to know what offense is being charged as well as
its qualifying and aggravating circumstances and for the court to pronounce judgment.
D. Place of commission of the offense. — The complaint is sufficient if it can be understood
from its allegations that the offense was committed or some of the essential ingredients
occurred at some place within the jurisdiction of the court, unless the particular place where it
was committed constitutes an essential element of the offense or is necessary for its
identification.
E. Date of commission of the offense. — It is not necessary to state in the complaint the precise
date the offense was committed except when it is a material ingredient of the offense. The
offense may be alleged to have been committed on a date as near as possible to the actual
date of its commission.
F. Name of the offended party. — The complaint must state the name and surname of the
person against whom or against whose property the offense was committed, or any
appellation or nickname by which such person has been or is known. If there is no better way
of identifying him, he must be described under a fictitious name.
(a) In offenses against property, if the name of the offended party is unknown, the property
must be described with such particularity as to properly identify the offense charged.
(b) If the true name of the of the person against whom or against whose properly the offense
was committed is thereafter disclosed or ascertained, the court must cause the true name to
be inserted in the complaint or information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or
designation by which it is known or by which it may be identified, without need of averring
that it is a juridical person or that it is organized in accordance with law.

Sample of Complaint
Republic of the Philippines

Metropolitan Trial Court
____________
People of the Philippines Criminal Case No.
vs
Accused
x--------------------------------x
COMPLAINT
The undersigned, Chief of Police of ___________________, accuses

_______________In the municipality of ____________________, province of
_____________________________,Philippines, the said accused did then and there,
willfully, unlawfully, and feloniously, with malice and aforethought, attacked
_______________________ with ________, wounding the latter in the
_______________, producing wounds which are necessarily fatal, thereby causing the
immediate death of said _____________________________.
Contrary to law.

____________, __________________________, 20___.
____________________________
Chief of Police of ______________
SUBSCRIBED AND SWORN before me this _____________th day of

____________ 20___________ in the province of ________________________.
________________________
JUDGE
B.2. AFFIDAVIT-COMPLAINT/ COMPLAINT AFFIDAVIT

Sworn statement of fact narrating the commission of a crime and charging
the offender for the violation thereof subscribed by the offended party, any peace
officer, or other public officer charged with the enforcement of the law violated.

C. AFFIDAVIT OF WITNESS
It is a sworn written statement from a witness in a case. It is a document
that sets out the evidence that the witness wants to give.
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 ___day of ____________

at ____________, _______________.
_______________________________
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of _______ at _______________.

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

Notary Public
D. APPLICATION OF SEARCH WARRANT
A search warrant is an order in writing, issued in the name of the People of the
Philippine Islands, signed by a judge or a justice of the peace, and directed to a peace
officer, commanding him to search for personal property and bring it before the court.
What are the requisites of a valid search warrant?
a. There must be probable cause;
b. The probable cause must be determined personally by a judge;

c. It must be issued after examination, under oath or affirmation, of the complainant and
the witnesses he may produce;
d. The warrant must particularly describe the place to be searched and the persons or
things to be seized
3. What is probable cause?
Probable cause refers to such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and
that the objects sought in connection with the offense are in the place sought to be
searched.
Questions related to the issuance and used of search warrant

When are checkpoints allowed?
In the case of Valmonte vs. De Villa, the Supreme Court had the occasion to rule
that checkpoints are not illegal per se. Thus, under exceptional circumstances, as where
the lives and safety of the people are in grave peril, checkpoints may be allowed and
installed by the government.
For as long as the vehicle is neither searched nor its occupants subjected to a
body search, and the inspection of the vehicle is limited to a visual search, said routine
checks cannot be regarded as violative of an individual’s right against unreasonable
search. [Valmonte v. General de Villa, G.R. No. 83988, 24 May 1990]
Is it required that the property to be searched should be owned by the person

against whom the search warrant is directed?

No. In Burgos, Sr. v. Chief of Staff, AFP [133 SCRA 800], the Supreme Court
enunciated that it is sufficient that the property is under the control or possession of the
person sought to be searched.
Should the address in the search warrant match the actual place to be searched?
Yes, the address in the search warrant must match the actual place to be
searched. In People vs. Court of Appeals [ 291 SCRA 400], the Supreme Court ruled that
the place to be searched, as set out in the warrant, cannot be amplified or modified by the
officers’ own personal knowledge of the premises, or the evidence they adduced in
support of their application for the warrant. The particularization of the description of the
place to be searched may properly be done only by the Judge, and only in the warrant
itself; it cannot be left to the discretion of the police officers conducting the search.
What are the instances when a search may be made without a warrant?
The following instances allow a search without a warrant:
a. When there is a valid waiver of the right
b. Where the search is incidental to a valid arrest
c. Where the prohibited articles are in plain view. An example of such situation is
when a policeman is chasing a criminal and during the said chase, the policeman
stumbled upon a drug den where drugs and paraphernalia were scattered
around.
d. In Stop and frisk situations or pursuant to a Terry Search. In the US case of

Terry vs. Ohio, a Terry Search has been defined as the right of a police officer to
stop a citizen on the street, interrogate him and pat him for weapons whenever
he observes unusual conduct which leads him to conclude that criminal activity
may be afoot.
e. Search of moving vehicles

f. Enforcement of immigration and customs law
g. Search under exigent and emergency measures
If the security guard in a mall wants to open my bag and check the inside
thereof, isn’t there a violation of my right against unreasonable search?
No, there is no violation of your right. Private search is not covered by the
constitutional guarantee. In the case of People vs. Marti [193 SCRA 57], the
Supreme Court ratiocinated that in the absence of governmental interference, the
constitutional right against unreasonable search and seizure cannot invoked
against the State. The protection against unreasonable search and seizure
cannot be extended to acts committed by private individuals so as to bring it
within the ambit of alleged unlawful intrusion by the government.
SUPREME COURT CIRCULARS AND ORDERS

ADMINISTRATIVE CIRCULAR NO. 13 PROVIDES:
In order to insure maximum legitimate effect and give meaning and substance to the
constitutional guarantee on the security of every person, his house and his effects, against
unreasonable searches and seizures, the following procedure should be strictly observed:
A warrant may be issued for the search and seizure of personal property:
1) subject of the offense;
2) stolen or embezzled or are the proceeds or fruits of an offense; and,
3) used or intended to be used as the means of committing an offense;
 Only upon determination of probable cause done personally by the judge after
examination under oath or affirmation of the complainant and the witnesses.

 place to be searched and the things to be seized could be properly identified;
 The judge must, personally examine in the form of searching questions and answers, in
writing and under oath, the complainant and any witnesses;
 Search warrants if issued must be in duplicate, both signed by the judge with the date
indicating the validity of the issued warrant.
 warrants can be served at any time of the day or night;
 In every court, there shall be a log under the custody of the Clerk of Court wherein shall
be entered within 24 hours after the issuance of the search warrant, the following:
 Date and number of the warrant;
 Name of the issuing judge;
 Name of the person against whom the warrant is issued;
 Offense cited in the warrant; and
 Name of the officer who applied for the warrant and his witnesses.
 The search warrant shall be valid for ten (10) days from date of issuance, and after
which the issuing judge should ascertain if the return has been made, and if there was
none, should summon the person to whom the warrant was issued and require him to
explain why no return was made.
 If the return has been made, the judge should ascertain from the officer who seized the
property under the warrant if a detailed receipt of the property seized was left with the
lawful occupants of the premises in whose presence the search and seizure were made,
or in the absence of such occupants, whether he left a receipt in the place in which he
found the seized property in the presence of at least two witnesses of sufficient age and
discretion residing in the same locality, and should require that the property seized by
virtue of the warrant shall be delivered to the judge who issued the warrant.

Sample of Application for Search Warrant
REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____, MANILA

PEOPLE OF THE PHILIPPINES
Plaintiff
SEARCH WARRANT NO._____
-versus- FOR:
x------------------------------------------x
APPLICATION FOR SEARCH WARRANT
The Applicant, ____________________ of the ________________________,

____________________, after having been duly sworn, states:
That on _________., __________ personally appeared to the office of

________________ and reported that SUBJECT OF S.W, located at
__________________________________ is engaged in the illegal operation of
_______________________________; (See Photos and Sketch as Annex “A”).
That relative to the said information, at around ________, the informer and
_________ together with the undersigned conducted investigation and surveillance
operation at ___________________, located at _____________________________,
__________. The undersigned together with ____________ and _____________
inquires to the said office about _______________.
That on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal
activities). (See photos & sketch and See Attached Calling Card, List of
Requirements, Studio Romano Job Order Form & MTC Job Information as Annexes
“B” - “C”)

(modus operandi).
Further, investigation conducted disclosed that _________________________.
On the ensuing investigation, SUBJECT OF SW, ________________found to be

engaged in the operation of illegal activities;
That on the said investigation and surveillance operation the undersigned

confirmed and believes that SUBJECT OF SW and/or any of its Officer, Agents,
employees of _____________________________________, __________ is indeed
engaged in ________________________despite the fact that the said office is
________________and is not licensed to __________________.
The properties, articles, objects and items which are used and/or intended to be
used in the commission of the afore-stated offense in the possession of the SUBJECT
OF S.W includes the following:
a. Leads
b. ....
The undersigned has personally verified the report thru surveillance and
investigation activities together with _________________ and _______________, to
ascertain the veracity thereof and found the same to be true and correct;
PRAYER
WHEREFORE, the Undersigned respectfully prays:
a. that the Honorable Court include in the Search Warrant and express authority
to conduct the raid of the above-mentioned premises at any time of the day

or night including SATURDAYS and SUNDAYS considering that these are
the days when the customer traffic are at its peak and to break open the
premises to be searched should the owner thereof refuse entry in the premises
or is absent therein.
b. that this Honorable Court cause the immediate issuance of a Search Warrant
commanding any Peace Officer to conduct a search on the above-described
premises and to seize the above-described items to be dealt with as the law
directs;
(Date), (Place).
________________
Applicant
SUBSCRIBED AND SWORN TO before me this _______ day of

_____________, ______
______________________
Presiding Judge
CERTIFICATION AND VERIFICATION
I, THE UNDERSIGNED, under oath, depose and say that:
1. I am the applicant in the above-entitled application for Search Warrant;
2. I personally caused the preparation of the foregoing application for Search

Warrant and have read its content and the allegations therein, which are
true and correct to my own personal knowledge and belief.

3. I further certify that (a) I have not therefore commenced or filed any
application for a Search Warrant involving the same issues in any court,
tribunal or quasi-judicial agency and to the best of my knowledge, no such
other application for Search Warrant is pending therein; (b) If there is such
other pending Application for Search Warrant, I will therefore inform this
Honorable Court of the present status thereof; (c) If I should thereafter learn
that the same and similar application for Search Warrant has been filed or
its pending , I shall report that fact within five (5) days there from to this
Honorable Court, wherein the aforesaid application for Search Warrant has
been filed.
____________________
Applicant
Date: ___________________
MODULE 2. MIDTERM LESSONS

OBJECTIVES:
1. Know and prepare Affidavits/forms mostly utilized by the Philippine National Police
Directorate for Investigation and Detective Management.
2. Identify the Reasons for the creation of Judicial Affidavit and the Concept of A.M.
No. 12-8-8-SC.
3. Recognize the Amendments made in Judicial Affidavit Rule.
E. MEMORANDUM FOR PRELIMINARY INVESTIGATION

Rule 112 of the 2000 Rules of Criminal Procedure governs the conduct of a preliminary
investigation. A preliminary investigation is an administrative inquiry conducted by a
public prosecutor, for the purpose of determining whether there is probable cause to
believe that a crime has been committed, and that the respondent is probably guilty, and
should be held for trial.
Who are the officers authorized to conduct preliminary investigations?
The following may conduct preliminary investigations:
1. Provincial or City Prosecutors and their assistants;
2. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
3. National and Regional State Prosecutors; and
4. Other officers as may be authorized by law.
Their authority to conduct preliminary investigations shall include all crimes cognizable by
the proper court in their respective territorial jurisdictions.
Steps of a Preliminary Investigation
Law enforcement conducts an investigation step by step to ensure accurate information

is included in the preliminary report. A thorough and detailed preliminary report is vital to
the entire investigation process because it can help to solve a crime. The preliminary
investigation steps include the following:
1. The first step in a preliminary investigation is to assess the crime scene for any
injured persons. Responding law enforcement should attend to the injured parties
and call for emergency medical help. While waiting for paramedics to arrive on the
scene, law enforcement should check vital signs and assess the injuries of each
person involved. In certain cases, law enforcement can apply basic first aid while
waiting for help to arrive.

2. The second step is to observe the scene. During this step, law enforcement will
take note of the positioning of the victim, items found at the crime scene, witnesses
at the scene, and any unusual activity.
3. The third step is to determine if a crime has occurred. If a crime has occurred, law
enforcement will begin the enforcement action process, which includes pursuing
the offender and making an arrest. If the offender has left the crime scene and
cannot be obtained, additional officers will be alerted and informed with a
description of the suspect.
4. The fourth step is to secure the crime scene to ensure that all evidence is
preserved. The crime scene is blocked off using barricades to prevent the public
from tampering with any evidence. All evidence is photographed and documented
carefully to ensure that it is not contaminated.
5. The fifth step is to interview witnesses and gather witness reports. All witnesses of
the crime should be interviewed.
6. The final step of the preliminary investigation is to organize all of the information
gathered into a detailed report. The preliminary report will be used during the post-
crime formal investigation.
How shall preliminary investigation be conducted?
A complaint must be filed which shall state the address of the respondent and shall
be accompanied by the affidavits of the complainant and his witnesses, as well as other
supporting documents to establish probable cause. They shall be in such number of
copies as there are respondents, plus two (2) copies for the official file. The affidavits shall
be subscribed and sworn to before any prosecutor or government official authorized to
administer oath, or, in their absence or unavailability, before a notary public, each of who
must certify that he personally examined the affiants and that he is satisfied that they
voluntarily executed and understood their affidavits.

Within ten (10) days after the filing of the complaint, the investigating officer shall
either dismiss it if he finds no ground to continue with the investigation, or issue a
subpoena to the respondent attaching to it a copy of the complaint and its supporting
affidavits and documents.
The respondent shall have the right to examine the evidence submitted by the
complainant.
Within ten (10) days from receipt of the subpoena with the complaint and
supporting affidavits and documents, the respondent shall submit his counter-affidavit and
that of his witnesses and other supporting documents relied upon for his defense. The
counter-affidavits shall be subscribed and sworn to and certified, with copies thereof
furnished by him to the complainant. The respondent shall not be allowed to file a motion
to dismiss in lieu of a counter-affidavit.
If the respondent cannot be subpoenaed, or if subpoenaed, does not submit

counter-affidavits within the ten (10) day period, the investigating officer shall resolve the
complaint based on the evidence presented by the complainant.
The investigating officer may set a hearing if there are facts and issues to be
clarified from a party or a witness. The parties can be present at the hearing but without
the right to examine or cross-examine. They may, however, submit to the investigating
officer questions which may be asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of the counter-
affidavits and other documents or from the expiration of the period for their submission. It
shall be terminated within five (5) days.
Within ten (10) days after the investigation, the investigating officer shall determine
whether or not there is sufficient ground to hold the respondent for trial.
What happens if there is no probable cause?

The investigating prosecutor shall recommend the dismissal of the complaint if he
finds no cause to hold the respondent for trial.
What happens if there is probable cause?
If the investigating prosecutor finds cause to hold the respondent for trial, he shall
prepare the resolution and information. He shall certify under oath in the information that
he, or as shown by the record, an authorized officer, has personally examined the
complainant and his witnesses; that there is reasonable ground to believe that a crime
has been committed and that the accused is probably guilty thereof; that the accused was
informed of the complaint and of the evidence submitted against him; and that he was
given an opportunity to submit controverting evidence.
Within five (5) days from his resolution, he shall forward the record of the case to
the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his
deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its
original jurisdiction. They shall act on the resolution within ten (10) days from their receipt
thereof and shall immediately inform the parties of such action.
No complaint or information may be filed or dismissed by an investigating

prosecutor without the prior written authority or approval of the provincial or city
prosecutor or chief state prosecutor or the Ombudsman or his deputy.
In the case of Quisay vs. People, G.R. No. 216920, 13 January 2016, the Supreme
Court pronounced that Information filed by the Assistant City Prosecutor (ACP) of Makati
City is void if there was no prior written authority from the City Prosecutor, even if the
information contained a certification that the ACP had prior written authority from the City
Prosecutor.
Is hearsay evidence admissible in Preliminary Investigation?

In the case of Senator Estrada vs. Office of the Ombudsman, et. al., G.R. Nos. 212140-
41, 21 January 2015, the Supreme Court answered in the affirmative, to wit:
“Probable cause can be established with hearsay evidence, as long as there is

substantial basis for crediting the hearsay. Hearsay evidence is admissible in determining
probable cause in a preliminary investigation because such investigation is merely
preliminary, and does not finally adjudicate rights and obligations of parties.”
Sample of Memo for Preliminary Investigation

OFFICE OF THE CITY PROSECUTOR
Manila
Related to: ________________ I.S. No. __________________

I.S No. ________________ Prosecutor __________________
Prosecutor _________________ Date Filed __________________
MEMO OF PRELIMINARY INVESTIGATION
COMPLAINANT/S: RESPONDENT/S
1.______________________________ 1. _________________________________
Address: _______________________ Address: ____________________________
2. _____________________________ 2. __________________________________

_____________________________ __________________________________
3. _____________________________ 3. __________________________________
_____________________________ __________________________________
CHARGE: 4. __________________________________
____________________________________________________________________
Place of Commission 5. ___________________________________
______________________________________________________________________
______________________________________________________________________
Date ________________ Time ________________(Use back hereof for add, accused)
Witness:
Name ________________________ Address ____________________________
_____________________________ ____________________________________
_____________________________ ____________________________________
NOTE:1. Has a similar complaint been filed before any other office? (YES OR NO)
2. Is this complaint in the manner of a counter-affidavit? ________(YES OR NO)
3. Are all the above information true and correct _____________(YES OR NO)
THE ABOVE SHOULD BE FILLED UP BY COMPLAINANT OR COUNSEL
Investigation on ___________________ Postpone to ________________________

On relation of________________________
________________________________
(Signature of complainant or counsel)

TAKE NOTE: Sufficient copies of the affidavit
*********************************************
Of complainant and witnesses and other ACTION TAKEN:
Supporting document should be submitted.
________________________________
Investigation Prosecutor
IMPORTANT!
A complainant shall be required to file his complaint in the form of an affidavit to

which must be appended affidavit of witnesses, annexes and other supporting
documents. The statements of the complainant and his witnesses, shall be, far as
practicable, be sworn to before the investigating Prosecutor. If sworn before any Officer
authorized to administer oaths, the administering Officer shall CERTIFY THAT HE HAS
PERSONALLY EXAMINED THE AFFIANT AND THAT HE VOLUNTARILY EXECUTED
AND UNDERSTOOD HIS AFFIDAVIT.
Late resolution given to Stenographer ____________________________
______________________________ _____________________________
Investigating Prosecutor Stenographer
F. MOTION FOR RECONSIDERATION

Motion defined. – A motion is an application for relief other than by a pleading.
After a trial, there are different types of motions that can be filed to address
possible trial errors. The most common type of post-trial motion is a Motion for
Reconsideration in which you are requesting the judge to reconsider his/her ruling and
modify one specific part of the court order or the court’s overall ruling. Subject on our
state’s laws, a Motion for Reconsideration may be an option in the following situations:
 There are many reasons to appeal a criminal conviction: ineffective assistance of

counsel, evidentiary issues during trial, and plain error committed by the trial court
 when you believe the judge did not consider or properly examine certain evidence
or correctly apply the law; or
 when new evidence is available that you were not able to present before the judge
made a decision.
Non-litigious motions. – Motions which the court may act upon without
prejudicing the rights of adverse parties are non-litigious motions. These motions
include:
a) Motion for the issuance of an alias summons;
b) Motion for extension to fi le answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to execute the final
certifi cate of sale; and
h) Other similar motions.
These motions shall not be set for hearing and shall be resolved by the court
within fi ve (5) calendar days from receipt thereof.

Litigious motions. – (a) Litigious motions include:
1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive pleading has been fi led;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of demolition;
9) Motion for intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in default; and
14) Other similar motions.
The motion shall be resolved by the court within fifteen (15) calendar days from
its receipt of the opposition thereto, or upon expiration of the period to fi le such
opposition.
RULE 52
Motion for Reconsideration
Section 1. Period for filing. —within fifteen (15) days from notice with proof of
service on the adverse party.
Section 2. Second motion for reconsideration. — No second motion by the same

party shall be entertained.

Section 3. Resolution of motion. — In the Court of Appeals, it shall be resolved
within ninety (90) days from the date when the court declares it submitted for
resolution.
Effect of Filing of Motion for Reconsideration. - The filing of a motion for
reconsideration shall stop the running of the fifteen-(15) day period in Section 5 of Rule
22 and prevent the final order, resolution or decision of the Commission from becoming
final and in appealable. However, unless otherwise ordered by the Commission, as
effective upon the date specified therein or upon the lapse of the fifteen-(15) day period,
as the case may be.
Sample of Motion for Reconsideration

__________________________________
_____________________
________________________ Criminal Case No.____

Complainant,
-versus- For
_________________________ _________________________
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
____________ 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)
_______________________________
_______________________________

(Address)
G. DEPOSITION OF WITNESS
Civil Procedure: Rule 23 Depositions Pending Action
Section 1. Depositions pending actin, when may be taken. – By leave of court after
jurisdiction has been obtained over any defendant or over property which is the subject of the
action, or without such leave after an answer has been served, the testimony of any person,
whether a party or not, may be taken, at the instance of any party, by deposition upon oral
examination or written interrogatories. The attendance of witnesses may be compelled by the
use of a subpoena as provided in Rule 21. Depositions shall be taken only in accordance with
these Rules. The deposition of a person confined in prison may be taken only by leave of court on
such terms as the court prescribes.
Section 2. Scope of examination. – Unless otherwise ordered by the court as provided by
section 16 or 18 or this Rule, the deponent may be examined regarding any matter, not privileged,
which is relevant to the subject of the pending action, whether relating to the claim or defense of
any other party, including the existence, description, nature, custody, condition, and location of
any books, documents, or other tangible things and the identity and location of persons having
knowledge of relevant facts.
Section 3. Examination and cross-examination. – Examination and cross-examination of
deponents may proceed as permitted at the trial under sections 3 to 18 of Rule 132.
Section 4. Use of depositions. – At the trial or upon the hearing of a motion or an
interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of
evidence, may be used against any party who was present or represented at the taking of the
deposition or who had due notice thereof, in accordance with any one of the following provisions:
(a) Any deposition may be used by any party for the purpose of contradicting or impeaching the
testimony of deponent as a witness;
(b) The deposition of a party or of any one who at the time of taking the deposition was an
officer, director, or managing agent of a public or private corporation, partnership, or association
which is a party may be used by an adverse party for any purpose;
(c) The deposition of a witness, whether of not a party may be used by any party for any purpose
if the court finds: (1) that the witness is dead; or (2) that the witness resides at a distance more
than one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines,

unless it appears that his absence was procured by the party offering the deposition; or (3) that
the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or
(4) that the party offering the deposition has been unable to procure the attendance of the
witness by subpoena; or (5) upon application and notice, that such exceptional circumstances
exist as to make it desirable, in the interest of justice and with due regard to the importance of
presenting the testimony of witnesses orally in open court, to allow the deposition to be used; and
(d) If only part of a deposition is offered in evidence by a party; the adverse party may require
him to introduce all of it which is relevant to the part introduced, and any party may introduce
any other parts.
Section 5. Effect of substitution of parties. – Substitution of parties does not affect the
right to use depositions previously taken, and, when an action has been dismissed and another
action involving the same subject is afterward brought between the same parties or their
representatives or successors in interest, all depositions lawfully taken and duly filed in the
former action may be used in the latter as if originally taken therefor;
section 6. Objections to admissibility. – Subject to the provisions of section 29 of this
Rule, objection may be made at the trial or hearing to receiving in evidence any deposition or part
thereof for any reason which would require the exclusion of the evidence if the witness were then
present and testifying.
Section 7. effect of taking depositions. – A party shall not be deemed to make a person
his own witness for nay purpose by taking his deposition.
Section 8. Effect of using depositions. – The introduction in evidence of the deposition or
any part thereof for any purpose other than that of contradicting or impeaching the deponent
makes the deponent the witness of the party introducing the deposition, but this shall not apply to
the use by an adverse party of a deposition as described in paragraph (b) of section 4 of this rule.
Section 9. Rebutting deposition. – At the trial or hearing any party may rebut any
relevant evidence contained in a deposition whether introduced by him or by any other party,
Section 10. Persons before whom depositions may be taken within the Philippines. –
Within the Philippines, depositions may be taken before any judge, notary public, or the person
referred to in section 14 hereof.
Section 11. Persons before whom depositions may be taken in foreign countries. – In a
foreign state or country, depositions may be taken (a) on notice before a secretary of embassy or
legation, consul general, consul, vice-consul, or consular agent of the Republic of the Philippines;
(b) before such person or officer as may be appointed by commission or under letters rogatory; or
(c) the person referred to in section 14 hereof.
Section 12. Commission or letters rogatory. – A commission or letters rogatory shall be
issued only when necessary or convenient, on application and notice, and on such terms and with

such direction as are just appropriate. Officers may be designated in notices or commissions
either by name or descriptive title and letters rogatory may be addressed to the appropriate
judicial authority in the foreign country.
Section 13. Disqualification by interest. – No deposition shall be taken before a person
who is a relative within the sixth degree of consanguinity or affinity, or employee or counsel of
any of the parties; or who is a relative within the same degree, or employee of such counsel; or
who is financially interested in the action.
Section 14. Stipulations regarding taking of depositions. – If the parties so stipulate in
writing, depositions may be taken before any person authorized to administer oaths, at any time
or place, in accordance with these Rules, and when so taken may be used like other depositions.
Section 15. Deposition upon oral examination; notice, time and place. – A party
desiring to take the deposition of any person upon oral examination shall give reasonable notice in
writing to every other party to the action. The notice shall state the time and place for taking the
deposition and the name and address of each person to be examined, if known, and if the name is
not known, a general description sufficient to identify him or the particular class or group to
which he belongs. On motion of any party upon whom the notice is served, the court may for
cause shown enlarge or shorten the time.
Section 16. Orders for the protection of parties and deponents. – After notice is served
for taking a deposition by oral examination upon motion seasonably made by any party or by the
person to be examined and for good cause shown, the court in which the action is pending may
make an order that the deposition shall not be taken, or that it may be taken only at some
designated place other than that stated in the notice or that it may be taken only in written
interrogatories, or that certain matters shall not be inquired into, or that the scope of the
examination shall be held with no one present except the parties to the action and their officers
or counsel, or that after being sealed the deposition shall be opened only by order of the court
or that secret processes, developments, or research need not be disclosed, or that the parties
shall simultaneously file specified documents or information enclosed in sealed envelope to be
opened as directed by the court, or the court may make any other order which justice requires to
protect the party or witness from annoyance, embarrassment or oppression.
Section 17. Record of examination; oath; objections. – The officer before whom the
deposition is to be taken shall put the witness on oath and shall personally, or by someone acting
under his direction and in his presence, record the testimony of the witness. The testimony shall
be taken stenographically unless the parties agree otherwise. All objections made at the time of
the examination to the qualifications of the officer taking the deposition, or to the manner of
taking it, or to the evidence presented, or to the conduct of any party and any other objection to
the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be
taken subject to the objections. In lieu of participating in the oral examination, parties served

with notice of taking a deposition may transmit written interrogatories to the officers, who shall
propound them to the witness and record the answers verbatim.
Section 18. Motion to terminate or limit examination. – At any time during the taking of
the deposition, on motion or petition of any party or of the deponent and upon a showing that the
examination is being conducted in bad faith or in such manner, as unreasonably to annoy,
embarrass, or oppress the deponent or party, the court in which the action is pending or the
Regional Trial Court of the place where the deposition is being taken may order the officer
conducting the examination to cease forthwith from taking the deposition , or may limit the scope
and manner of the taking of the deposition, as provided in section 16 of this Rule. If the order
made terminates the examination, it shall be resumed thereafter only upon the order of the court
in which the action is pending. Upon demand of the objecting party or deponent, the taking of
the deposition shall be suspended for the time necessary to make a notice for an order. In
granting or refusing such order, the court may impose upon either party or upon the witness the
requirement to pay such costs or expenses as the court may deem reasonable.
Section 19. Submission to witness; changes; signing. – When the testimony is fully
transcribed, the deposition shall be submitted to the witness for examination and shall be read to
or by him, unless such examination and reading are waived by the witness and by the parties. Any
changes in form or substance which the witness desires to make shall be entered upon the
deposition by the officer with a statement of the reasons given by the witness for making
them. The deposition shall then be signed by the witness, unless the parties by stipulation waive
the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not
signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of
the illness or absence of the witness or the fact of the refusal to sign together with the reason
given therefore, if any, and the deposition may then be used as fully as though signed, unless on a
motion to suppress under section 29(f) of this Rule, the court hold that the reasons given for the
refusal to sign require rejection of the deposition in whole or in part.
Section 20. Certification and filing by officer. – The officer shall certify on the
deposition that the witness was duly sworn to by him and that the deposition is a true record of
the testimony given by the witness. He shall then securely seal the deposition in an envelope
indorsed with the title of the action and marked “Deposition of (here insert the name of witness)”
and shall promptly file it with the court in which the action is pending or send it by registered
mail to the clerk thereof for filing.
Section 21. Notice of filing. – The officer taking the deposition shall give prompt notice
of its filing to all the parties.
Section 22. Furnishing copies. – Upon payment of reasonable charges therefor, the
officer shall furnish a copy of the deposition to any party or to the deponent.
Section 23. Failure to attend of party giving notice. – If the party giving the notice of
the taking of a deposition fails to attend and proceed therewith and another attends in person or

by counsel pursuant to the notice, the court may order the party giving the notice to pay such
other party the amount of the reasonably expenses incurred by him and his counsel in so
attending, including reasonable attorney’s fees.
Section 24. Failure of party giving notice to serve subpoena. – If the party giving the
notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the
witness because of such failure does not attend, and if another party attends in person or by
counsel because he expects the deposition of that witness to be taken, the court may order the
party giving the notice to pay to such other party the amount of the reasonable expenses incurred
by him and his counsel in so attending, including reasonable attorney’s fees.
Section 25. Deposition upon written interrogatories; service of notice and of
interrogatories. – A party desiring to take the deposition of any person upon written
interrogatories shall serve them upon every other party with a notice stating the name and
address of the person who is to answer them and the name or descriptive title and address of the
officer before whom the deposition is to be taken. Within ten (10) days thereafter, a party so
served may serve cross-interrogatories upon the party proposing to take the deposition. Within
five (5) days thereafter, the latter may serve re-direct interrogatories upon a party who has
served cross-interrogatories. Within three (3) days after being served with a re-direct
interrogatory, a party may serve recross-interrogatories upon the party proposing to take the
deposition.
Section 26. Officers to take responses and prepare record. – A copy of the notice and
copies of all interrogatories served shall be delivered by the party taking the deposition to the
officer designated in the notice, who shall proceed promptly in the manner provided by sections
17, 19 and 20 of this Rule, to take the testimony of the witness in response to the interrogatories
and to prepare, certify, and file or mail the deposition; attaching thereto the copy of the notice
and the interrogatories received by him.
Section 27. Notice of filing and furnishing copies. – When a deposition upon
interrogatories is filed, the officer taking it shall promptly give notice thereof to all the parties,
and may furnish copies to them or to the deponent upon payment of reasonable charges therefor.
Section 28. Orders for the protection of parties and deponents. – After the service of
the interrogatories and prior to the taking of the testimony of the deponent, the court in which
the action is pending, on motion promptly made by a party or a deponent, and for good cause
shown, may make any order specified in sections 15, 16 and 18 of this Rule which is appropriate
and just or an order that the deposition shall not be taken before the officer designated in the
notice or that it shall not be taken except upon oral examination.
Section 29. Effect of errors and irregularities in depositions. –

(a) As to notice. – All errors and irregularities in the notice for taking a deposition are waived
unless written objection is promptly served upon the party giving the notice.
(b) As to disqualification of officer. – Objection to taking a deposition because of disqualification

of the officer before whom it is to be taken is waived unless made before the taking of the
deposition begins or as soon thereafter as the disqualification becomes known or could be
discovered with reasonable diligence.
(c) As to competency or relevancy of evidence. – Objections to the competency of a witness or the

competency, relevancy, or materiality of testimony are not waived by failure to make them
before or during the taking of the deposition, unless the ground of the objection is one which
might have been obviated or removed if presented at that time.
(d) As to oral examination and other particulars. – Errors and irregularities occurring at the oral
examination in the manner of taking the deposition, in the form of the questions or answers; in
the oath or affirmation, or in the conduct of the parties and errors of any kind which might be
obviated, removed, or cured if promptly prosecuted, are waived unless reasonable objection
thereto is made at the taking of the deposition.
(e) As to form of written interrogatories. – Objections to the form of written interrogatories

submitted under sections 25 and 26 of this Rule are waived unless served in writing upon the party
propounding them within the time allowed for serving succeeding cross or other interrogatories
and within three (3) days after service of the last interrogatories authorized.
(f) As to manner of preparation. – Errors and irregularities in the manner in which the testimony is
transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed,
or otherwise dealt with by the officer under sections 17, 19, 20 and 26 of this Rule are waived
unless a motion to suppress the deposition or some part thereof is made with reasonable
promptness after such defect is, or with due diligence might have been, ascertained.
Sample of Deposition of Witness

__________________________________
Branch ___________, Quezon City
PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO.____
Plaintiff
-versus- For
_________________________ _________________________
Respondent
x------------------------------------------x
DEPOSITION OF WITNESSES
We, _______________________________ after having been duly sworn to testifies, as follow:
Q- What is your name and other personal circumstance?

A- We are_______________ and _________________ both of legal ages, and (civil status) and
presently assigned with the _________________;
Q- Do you know ____________________, the applicant for Search Warrant?

A-
Q- Do you know the premises of _____________________________,

A-
Q- Do you have personal knowledge that in said premises the following properties are being kept, being
used or intended to be used without proper documents, to wit: _______________
A-
Q- Do you know who is or who is the person or persons who have or have control of him above-described
properties?
A-

Q. How did you know that the said properties are kept in his/her premises which are subject of the
offense?
A- We conducted discreet surveillance and it was confirmed that ________________ is keeping
___________________ in his/her premises/ residence.
__________________________ __________________________
Affiant Affiant
SUBSCRIBED AND SWORN to before me this ___________ day of _______________ 1999 at

________________________.
_________________________
Judge
H. NOTICE OF APPEAL
The notice of appeal shall indicate the parties to the appeal, specify the judgment or final
order or part thereof appealed from, specify the court to which the appeal is being taken, and
state the material dates showing the timeliness of the appeal.
In almost all cases, the appellate court ONLY looks at two things:
 Whether a LEGAL mistake was made in the trial court; AND.
 Whether this mistake changed the final decision (called the "judgment") in
the case.
How is notice of appeal be served?
- The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the
exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court
which rendered the judgment or final order appealed from and serving a copy thereof upon
the adverse party.

What document accompanies a notice of appeal?
The notice of appeal (FORM 1) must be accompanied by an affidavit as stipulated in

Regulation 27C (b) of the FICA Regulations, proof of payment of the appeal fee and any
relevant documents. The documents must be hand delivered to the Secretary of the
Appeal Board.
MODES OF APPEAL:
Section 2, Rule 41 of the Rules of Court provides the three modes of appeal, which
are as follows: “Section 2. Modes of appeal. —
(a) Ordinary appeal. — The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing
a notice of appeal with the court which rendered the judgment or final order
appealed from and serving a copy thereof upon the adverse party. No record on
appeal shall be required except in special proceedings and other cases of multiple
or separate appeals where the law or these Rules so require. In such cases, the
record on appeal shall be filed and served in like manner.
The first mode of appeal, the ordinary appeal under Rule 41 of the Rules of Court,
is brought to the CA from the RTC, in the exercise of its original jurisdiction, and
resolves questions of fact or mixed questions of fact and law.
(b) Petition for review. — The appeal to the Court of Appeals in cases decided by
the Regional Trial Court in the exercise of its appellate jurisdiction shall be by
petition for review in accordance with Rule 42.
The second mode of appeal, the petition for review under Rule 42 of the Rules of
Court, is brought to the CA from the RTC, acting in the exercise of its appellate
jurisdiction, and resolves questions of fact or mixed questions of fact and law.

(c) Appeal by certiorari. — In all cases where only questions of law are raised or
involved, the appeal shall be to the Supreme Court by petition for review on certiorari
in accordance with Rule 45” (emphasis supplied).
The third mode of appeal, the appeal by certiorari under Rule 45 of the Rules of Court, is
brought to the Supreme Court and resolves only questions of law (HEIRS OF NICOLAS
CABIGAS VS. LIMBACO [2011]).
When can I file my notice of appeal Philippines?
within thirty (30) days from notice of the judgment or final order.
What happens when you appeal a case?
The whole trial will be heard at the county court in front of a judge. Witnesses will most
likely have to go to court to give evidence again. The judge might increase, reduce or
leave the sentence as it is.
Can you file an appeal after 30 days?
Appeal to High Court - 90 days from the date of decree or order.
Appeal to any other court - 30 days from the date of Decree or order.
What happens if you lose an appeal?
Losing the appeal may mean paying the other side's legal costs.
How long does a Court of Appeal decision take?
In appeals to the Court of Appeal Criminal division, from receipt of the application to the
final hearing, within 10 months. On average, a simple appeal against sentence case will
take about 5 months.
What happens after a successful appeal?

If you win your appeal, there will most likely be a Reversal for New Trial. When the
appellate court reverses the trial court decision, a new trial is ordered that puts you back
in the position you were in before trial court.
What information does an appellate court judge use to make a decision?
The court decision is based solely on the trial court's or agency's case record. The court
of appeals does not receive additional evidence or hear witnesses.
Sample of Notice of Appeal

__________________________________
_____________________
________________________ Criminal Case No.____

Complainant-Appellant,
-versus- For
_________________________ _________________________
Accused-Appellee,
x------------------------------------------x

NOTICE OF APPEAL
COMES NOW the complain by the undersigned attorney and within the
reglementary period prescribed by the Rules of Court hereby files this notice of appeal
from the judgement of dismissal rendered by ___________________ of ____________
_____________, ______________________, _____________.
_______________________________
_______________________________
(Address)
Copy hereof received ________ this

___________ day of _________, ________
_______________________________
(Counsel for the Accused)
JUDICIAL AFFIDAVIT RULE

A.M. No. 12-8-8-SC
Reasons for the creation of Judicial Affidavit

1. case congestion and delays plague most courts in cities, given the huge volume of
cases filed each year and the slow and cumbersome adversarial system that the judiciary
has in place;
2. about 40% of criminal cases are dismissed annually owing to the fact that complainants
simply give up coming to court after repeated postponements;
3. few foreign businessmen make long-term investments in the Philippines because its
courts are unable to provide ample and speedy protection to their investments, keeping
its people poor;
4. to reduce the time needed for completing the testimonies of witnesses.
Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents
requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal
Trial Courts, the Municipal Circuit Trial Courts, and the Shari'a Circuit Courts but shall not
apply to small claims cases under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the
Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to
receive evidence, including the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject
to disapproval of the Supreme Court, insofar as their existing rules of procedure
contravene the provisions of this Rule.1
(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating
officers shall be uniformly referred to here as the"court."

Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies.
(a) judicial affidavit to be filed with the court not later than five days before pre-trial or
preliminary conference or the scheduled hearing with respect to motions and incidents,
the following:
(1) The judicial affidavits of their witnesses
(2) The parties' documentary or object evidence,
Ex. Exhibits A, B, C, in the case of the complainant or the plaintiff,
Exhibits 1, 2, 3, in the case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original document or object evidence
in his possession, and authenticated copy is considered as a faithful copy or reproduction
of that original.
Note: the party or witness shall bring the original document or object evidence for
comparison during the preliminary conference with the attached copy, reproduction, or
pictures, failing which the latter shall not be admitted. This is without prejudice to the
introduction of secondary evidence in place of the original when allowed by existing rules.
Sec. 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 following:
(a) The name, age, residence or business address, and occupation of the
witness;
(b) 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;

(c) 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;
(d) 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;
(e) The signature of the witness over his printed name; and
(f) 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
Sec. 4. Sworn attestation of the lawyer. - a sworn attestation at the end, executed by
the lawyer who conducted or supervised the examination of the witness, to the effect that
he faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the witness gave and neither he nor any other person then
present or assisting him coached the witness regarding the latter's answers.
Sec. 9. Application of to criminal actions.
(a) This rule shall apply to all criminal actions:
(1) Where the maximum of the imposable penalty does not exceed six years;
(2) Where the accused agrees to the use of judicial affidavits, irrespective of the
penalty involved;

(3) With respect to the civil aspect of the actions, whatever the penalties involved are.
(c) If the accused desires to be heard on his defense after receipt of the judicial
affidavits of the prosecution, he shall have the option to
-submit judicial affidavit of the respondents and his witnesses to the court within ten days
from receipt -serve a copy of each on the public and private prosecutor
-documentary and object evidence previously marked. Said affidavits shall serve as direct
testimonies of the accused and his witnesses when they appear before the court to testify.
Sec. 10. Effect of non-compliance with the Judicial Affidavit Rule.
Failure to submit and to be present during the scheduled hearing
(a) a waiver to present Judicial affidavit of the respondents and its witnesses, except for
a valid reason, or that it would not unduly prejudice the opposing party, and the defaulting
party pays a fine of not less than Pl,000.00 nor more than PS,000.00, at the discretion of
the court. ·
(b) Counsel who fails to appear without valid cause despite notice shall be deemed to
have waived his client's right to confront by cross-examination the witnesses there
present.
Amendments made in Judicial Affidavit Rule.

1. Judicial affidavits of witness, as well as documentary and object evidence,
must now be attached to the Complaint and Answer.
- The New Rules require that complaints and Answer must be accompanied by
the judicial Affidavit of each party’s supporting witness/es, and the documentary
and object evidence which each party intends to present during the trial. As a

rule, only witnesses whose judicial Affidavits are attached to the complaint or
Answer may be presented by the parties during trial.
2. Plaintiffs or their representative may be authorized to serve summons.
-The New Rules allow courts to authorize plaintiffs or their representatives to serve
summons upon defendants pursuant to an ex-parte motion filed by the plaintiff, or
in th event of failure to serve summons by the court sheriff, or in cases where
summons is to be served outside the issuing courts judicial region.
3. Summons may be served upon domestic private juridical entities upon
specific officers wherever they may be found, upon their secretaries, and
persons who customarily receive correspondence for the defendant.
- Under the 1997 Rules, summons intended for domestic private juridical entities
must be served upon the defendant president, managing partner, general
manager, corporate secretary, treasurer, or in house counsel. The new rules
provide that summons intended for domestic private juridical entities, may be
served upon these same officers wherever they may be found., their
secretaries, or in default of the person previously mentioned., upon the person
who customarily receive correspondence for the defendant at its principal office.
4. Motion to Dismiss are generally no longer allowed.
-The New Rules generally prohibit the filing of motions to dismiss, except upon the
grounds of lack of subject matter jurisdiction, litis pendentia, res juridicata, nd
prescription. the detail of motion to dismiss (when allowed) may no longer be
questioned or assailed through a motion fro reconsideration or a petition for
certiorari. Other grounds for the dismissal of a civil case under the 1997 Rules may
be pleaded as affirmative defenses in the Answer.
5. Motion for Additional time to file pleadings are generally no longer allowed,
except for the filing of Answers.
- The New Rules generally prohibit the filing of motions for additional time to
submit court pleadings, except if the pleading involved is an Answer to a
Complaint. The New Rules provide the defendant 30 days from service of

summons to file an Answer to the Complaint, but this period may be extended
for meritorious reasons, but only once and for a period not exceeding 30 days.
6. Additional modes of filing and service of pleadings.
- The New Rules provide that initiatory pleadings and responses must be filed
either personally or by registered mail. Other pleadings and documents may be
served by mail., facsimile, or other electronic means if the party to be served
consents to these modes of service. Pleadings and documents may be filed
through electronic means if the court is properly equipped.
7. Pre-trial incidents modified.
- The New Rules provide that pre-trial must now take place before court-annexed
mediation. Moreover, judicial dispute resolution proceedings are no longer
mandatory, and will be conducted only if the judge to whom the case was
initially raffled believes that there is still a chance for settlement. The New Rules
further provide that judges may motu propio declare the case submitted for
judgement on the pleadings or summary judgment at the end of pre-trial if it
appears that there are no more controverted facts, or no genuine issue as to
any material fact, or an absence of any issue, or should the answer fail to tender
an issue.
8. Schedule of Trial.
-The New Rules provide that the trial of cases where there are no third, fourth, etc.
party complaints, counterclaims, and cross claim should be completed within 180
calendar days. If there are third, fourth, etc., party complaints, counterclaim, or
cross- claim, then the trial should be completed within 300 calendar days. The
plaintiff and defendant would each have a period of three (3) moths or 90 calendar
days to complete the presentation of their evidence.
9. Recordings, photographs or other materials containing sounds may be

considered as documentary evidence.

- Under the New Rules, writings, photographs or other materials containing sounds,
numbers, figures, symbols or their equivalent or other modes of written expression offered
as proof of their contents are considered documentary evidence. photographs considered
as documentary evidence include still pictures, drawings, stored images, x-ray films,
motion pictures and videos.
10. Duplicates are admissible to the same extent as an original.
The New Rules provide that duplicates are “admissible to the same extent as an original”
unless (a) a genuine question is raised as to the authenticity of the original, or (b) the
admission of the duplicate in lieu of the original, given the circumstances, would be unjust
or inequitable. Duplicates are defined as the “counterpart produced by the same
impression as the original, or from the same matrix, or by means of photography, including
enlargements, miniatures, or by mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques which accurately reproduce the original”.
11. Summaries, charts and calculations are admissible in evidence.
-When the contents of voluminous documents “cannot be examined without great loss of
time, and the fact sought to be established is only the general result of the whole, the
contents [of the voluminous documents] may be presented in the form of a chart,
summary or calculation”. The originals of the voluminous documents, however, should be
available for examination to the adverse party and may be compelled to be produced
before the court.
12. Exceptions to the attorney-client privilege
The New Rules provide exceptions to the attorney-client privilege which are
communications pertaining to: (a) enabling someone to commit a crime or fraud; (b)
claims on a deceased client; (c) breach of duty by a lawyer or client; (d) documents where
the lawyer is an attesting witness; and (e) a matter of common interest between two or

more clients who retained or consulted a lawyer in common, unless there is an agreement
not to disclose information to the other client.
13. Trade secrets as privileged communication
Although the 1989 Rules did not expressly recognize that trade secrets are
privileged, the Supreme Court ruled in Air Philippines Corporation v. Pennswell, Inc.
that “[t]here is a privilege not to disclose one’s trade secrets”. This is now recognized
in the New Rules which provide that “[a] person cannot be compelled to testify about
any trade secret, unless the non-disclosure will conceal fraud or otherwise work
injustice”.
14. Privileged communication remains privileged even in the hands of a third

person.
Under the New Rules, privileged communication shall remain privileged, “even in the
hands of a third person who may have obtained the information provided that the
original parties to the communication took reasonable precaution to protect the
confidentiality”.
15. Hearsay
Hearsay is a statement (i.e., oral, written or non-verbal conduct) made by a person

who is not testifying during trial and is offered to prove the truth of the fact asserted.
The following are not considered hearsay: (a) prior inconsistent statements given
under oath in connection with another proceeding; (b)
prior consistent statements offered to rebut a charge against the witness; and (c)
identification made after perceiving a person.
16. Entries in the regular course of business as an exception to hearsay

Entries made and kept in the regular course of business by persons who have
knowledge of the entries may be testified to by the custodian of the documents or
other qualified witness.
17. Residual exception to hearsay
The court may admit a statement in evidence, even if it is considered hearsay and
does not fall under the exceptions to hearsay, so long as (a) the statement is offered
to prove a material fact, (b) the statement has more probative value than any other
evidence which the proponent can procure through reasonable efforts, and (c) the
purpose of the New Rules and the interests of justice will be served.
A party presenting the statement as a residual exception to hearsay should inform the
adverse party before the hearing or by pre-trial stage of the intention to present the
statement so that the adverse party can prepare to meet it.

Annex “F”:
Sample of JUDICIAL AFFIDAVIT in ENGLISH
NOTE: This only serves as a guide and questioning may not be limited only to elicit
voluntary information found herein.
JUDICIAL AFFIDAVIT
I, ____________________________, _______ years old, born on

__________, (single/married) employed as _______________ at
_____________________, after having been duly sworn to in accordance with law,
hereby depose and state:
PRELIMINARY STATEMENT
That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of
judicial affidavits to serve as the direct examination testimony of the witness, on the basis
of which the adverse party may conduct their cross-examination on such a witness, I
hereby execute this judicial affidavit in a question and answer format;
That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I also state
that it was _________________, investigator of ______________________ who
conducted the examination of the undersigned affiant;
That conformably also with section 3 (c) thereof, I hereby state under the pain
of perjury that in answering the questions asked of me, as appearing herein below, I am
fully conscious that I did so under oath, and that I may face criminal liabilities for false
testimony or perjury;
AND UNDER OATH, AVERS THE FOLLOWING:
[knowledge/information
about illegal drug network]
1. Q : What are the reasons why you are voluntarily came to this Office?
A : Because I want to change my life and I want to freely and voluntarily
give information relative to the illegal activities of my previous drug
syndicate.

2. Q : If that is the case, can you tell us all your knowledge/information about
the illegal drugs activities of your gang?
A : Yes sir. I am previously a member of the _________________. We are
_________ members in the gang. Our leader is ___________, an
AWOL PNP Officer. The other gang members are ________,
________, ________, __________, _________ at __________. Every
one of us carry caliber .45 pistols for our protection. We have also two
long firearms (armalite rifles) inside our service ___________ with
plate number ____________. Our gang controlled the marketing of
illegal drugs known as “SHABU” all over _____________. We usually
peddled 5-10 kilograms of “SHABU” in a week.
3. Q : What is your function in the gang?

A : I’m the one looking for pushers in the street level.
4. Q : If you look for pushers, what did you do?

A : I will set a meeting and talk with them on the drug deal.
5. Q : What happened if they agreed with the drug deal with your gang?
A : They will become our pusher member and they have the privilege to
use “SHABU” in our den for free, provided they will sell our item
“SHABU” and remit the proceeds to the gang every day.
6. Q : How many grams do you give to your pushers every day?

A : I give each of them 50 grams.
7. Q : How much per gram of your “SHABU”?

A : We give only 200.00 per gram to our pushers.
8. Q : You said that your gang has a drug den, where it is located and who
manage it?
A : It is located at ______________________________. Our leader
______________________ manage our drug den.
9. Q : Who are your street pushers/peddlers?

A : As far as I remember, they are _________, ____________,
_________, ____________ and __________________.
10. Q : Where did they live?

A : ____________ live in _____________, _______________ at
____________, while_____________ at _________________. I did
not know where the two pushers live.

11. Q : You have elaborated your pushing activities, may I know where do you
get your supply of “SHABU”?
A : Most of our “SHABU” came from ______________________.
12. Q : Can you specify on whom do you get your “SHABU”?

A : Being in the underground world, I have heard many big names but
there is always a common name I know as the main supplier, his name
is ____________________________, a Filipino-Chinese national.
13. Q : Now, that you mentioned ____________________, as the main

supplier, how big his illegal drug activities and how powerful or
influential he is?
A : His illegal drugs trade is a multi-billion underworld business. He has

connections in China and here in the Philippines, both political and law
enforcement.
14. Q : Do you know who are his connections here in the Philippines?
A : As far as I know, he is very close to ______________________, a
three star general in Camp Crame. Also with ___________________,
a Congressman in Cebu.
15. Q : How do you know him?

A : Sometimes in 2015 I and ________________ were introduced during a
special gathering of a local politician friend.
16. Q : On your first meeting, what were your agenda?

A : He talks about illegal drugs business in the Philippines. He looked for
some trusted persons to deal with the illegal drugs. He asked me if I
can be his partner here in the Philippines, but I refused his offer.
However, I assured him that I can be one of his primary pushers.
17. Q : Now that you’re on the deal of pushing his “SHABU”, how it is done to
have you the illegal drugs?
A : I pick up the “SHABU” in the port. He calls me that his “SHABU” arrives
and available for pick up in the port, there we met in the port and gives
me the volume I needed.
18. Q : You said that the “SHABU” arrives in the port, where does it came
from?
A : The “SHABU” came from main land China.
19. Q : How and where it is transported?

A : Mr. (name of the main supplier) has a legitimate cargo business from
China to Manila and vice versa. He owned 3 vessels. Every time each
vessel arrived in the Manila port it carries large volumes of “SHABU”,
alongside with his legal cargo business.
20. Q : What are the vessels names?

A : It is MV_________, MV_________ and MV _______________.
21. Q : Where and when these vessels ducked here in the Philippines?
A : Usually the vessels arrived on Sunday, Wednesday and Friday at pier
25, Port of Manila.
22. Q : Do you know any elected local government officials protecting the
illegal drugs in your place?
A : I do believed our own Mayor _________________________involved
and also protecting the illegal drugs “SHABU” in our place.
23. Q : Why did you say that your Mayor is protecting the “SHABU” activities?
A : Because all the “SHABU” pushers who had been arrested by the police
in our place were never been prosecuted for illegal drugs activities
because of our Mayor’s intervention in the initiation of complaints.
24. Q : What were the police do?

A : In fear of our Mayor, the police just temporarily locked up the arrested
pushers in the station and freed them after, without filing any criminal
complaint for illegal drugs. Since then, the police tolerated the pushing
of “SHABU” in our place.
25. Q : What else can you say that your Mayor is involved in protecting the
“SHABU” activities in your place?
A : _____________________ has unexplained wealth. Since he was
elected as our Mayor, he has built 4 mansions with swimming pool, 5
luxury cars, 2 yachts and 3 10-story commercial buildings.
26. Q : You said that the police tolerated the pushing of “SHABU” in your place
because your Mayor at any time intervene the law enforcement
activities against illegal drugs, as of today, how rampant is “SHABU” in
your place?
A : I do believe almost all the barangays in our (Municipality/City) has been
infiltrated by the illegal drugs “SHABU” activities. I believe that every
barangay has pusher.
27. Q : _______xxxxx OTHER CONNECTING QUESTIONS xxxxx_______

A : _________xxxxx ANSWERS xxxxx__________
28. Q : Are you willing to help us find and bring the other members of your
gang to justice?
A : Yes. I am willing to help in order to stop their illegal drug activities.
29. Q : For the meantime, I don’t have further questions, do you have any
statements to add or take away on this affidavit?
A : I don’t have sir for the meantime.
30. Q : Were you threatened, promised or bribed to do this confession?

A : No sir. I made it voluntarily with my own free will.
31. Q : Are you willing to sign this affidavit consisting of six (6) pages, to
certify that all the statements you made are true.
A : Yes sir.
---------END OF STATEMENT----------
IN WITNESS WHEREOF, I hereunto set my hand below this _______ day of

______, 2016 at ________________________.
________________________
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2016
at ___________________________. Further, I certify that I personally examined the
herein affiant that he voluntarily executed and fully understood his statements.
________________________
ATTESTATION
I, ________________________, investigator of ____(Police Station)____,

____(Location)_____________, on my oath as the Investigator-on-Case (IOC), hereby
depose and states:

That I have personally conducted the foregoing examination to the witness-affiant
____________________ at ____(Police Station)____, ____(Location)_____________;
That I have faithfully recorded and translated into English language the questions
asked of him/her and the corresponding answers that he/she gave in response to the
questions asked;
Neither I nor any other person/s coached this witness-affiant regarding the
answers given by her.
IN WITNESS WHEREOF, I hereunto set my hand below this _______ day of

______, 2016 at ________________________.
________________________
Investigator
SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2016

at ___________________________. Further, I certify that I personally examined the
herein affiant that he voluntarily executed and fully understood his statements.
________________________
MODULE 3. FINAL GRADING

Affidavit vs. Deposition
-Writing an affidavit is similar to giving a deposition. A "deponent" is someone who

provides truthful information during a deposition, which is giving sworn statement
outside courtroom. Deponents are also called witnesses, and they provide information

before the case is brought to trial. In some cases, either side might use the information
at trial.
-Depositions are spoken and recorded, while affidavits are written.
Objective/s:
1. Know the similar legal forms that are being used in Law Enforcement;
2. Apply and prepare an affidavit.
UNIT IV. SOME SIMILAR LEGAL FORMS THAT ARE

BEING USED IN LAW ENFORCEMENT
1. Affidavit after execution of search warrant issued
Sample Format of Compliance/Return of Search Warrant
__________________________
Branch __
______________________
PEOPLE OF THE PHILIPPINES
Plaintiff
Versus
Search Warrant no._______________

For violation of __________________
__________________________
Respondents
X------------------------X
COMPLIANCE/RETURN OF SEARCH WARRANT
Comes now, the undersigned applicant, ________________________of the ________________________ and unto this
Honorable court, respectfully return the herein original copy of the Search Warrant No. _____________ issued by the Honorable
Presiding Judge ______________, Branch ___, RTC____ for violation of ______________________. (Attached hereto as annex
“A” is the original copy of Search Warrant No. _____________) and manifest the following:
That at about ___________ of _____________, elements of the

___________________________________________________ led by the undersigned implemented the search warrant no.
_____________ at the premises of ______________________________________________ located at _______________.
That as a result thereof, the following items/articles which are subjects of the search warrant were confiscated/seized under
proper receipt as follows;
That the raid was conducted in a legally, peacefully and orderly manner and in the presence of Two (2) Barangay Officials
namely: Brgy Kagawad ____________________________ and Brgy Executive Officer
_______________________________________ both of ___________________. A corresponding receipt of the evidence
confiscated was furnished to the representative of _________________. The registered owner of _____________________, was not
around during the raid, however, was represented by ______________________, the office administrator. (Attached hereto as
annex “B” is a copy of Receipt of Evidence Confiscated and a Certification of Orderly Execution of Search Warrant as annex
“C’)
WHEREFORE, it is most respectfully prayed to this Honorable Court that the return of the Original Search Warrant No.
______________ and its annexes together with the seized items be accepted.
LIKEWISE, it is respectfully prayed that the undersigned be authorized by this Honorable Court or grants the
______________________ to conduct Forensic Examination on the seized computers and other electronic devices for evidentiary
purposes.
Other relief’s just and equitable in the premises, are likely prayed for.
Done this ____ day of _____ 20__, City of ______________, Philippines.

_______________________
Applicant/Team Leader
SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__ at City of Manila, Philippines.
_________________
Presiding Judge
2. Application/Petition to Wire Tap

The Anti-Wiretapping Act of 1965 (RA 4200, entitled “An Act to Prohibit and Penalize
Wire Tapping and other Related Violations of the Privacy of Communication, and for
other Purposes”) prohibits and penalizes wire tapping done by any person to secretly
overhear, intercept, or record any private communication or spoken word of another
person or persons without the authorization of all the parties to the communication.
Those who knowingly possess, replay, or communicate recordings of wiretapped
communications (section 1) as well as those who aid or permit wiretapping (section
2), are likewise held liable. However, RA 4200 provides an exception for instances
where a law enforcement officer is authorized by a written order of the Court to perform
wire-tapping “in cases involving the crimes of treason, espionage, provoking war and
disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and
proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit
sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and
violations of Commonwealth Act No. 616, punishing espionage and other offenses
against national security,” provided that a number of stringent requirements are
complied with (Section 3).
On the other hand, in other statutes, communications surveillance is sanctioned as a

legitimate law enforcement activity. The Expanded Anti-Trafficking in Persons Act of
2012 (RA 9208, as amended by RA 10364) expressly mandates the Philippine National

Police (PNP) and National Bureau of Investigation (NBI) to be the primary law
enforcement agencies “to undertake surveillance, investigation and arrest of individuals
or persons suspected to be engaged in trafficking” (Section 16(g), RA 9208, as
amended by RA 10364.
3. Affidavit of Desistance,
4. Reply/Answer Affidavit,
5. Rejoinder Affidavit,
6. Counter Affidavit.
7. Affidavit of Denial for NBI Clearance,
8. Affidavit of Undertaking,
9. Affidavit of Loss.
10. Affidavit of Disinterest persons,
11. Petition/Application for Compulsory Confinement for Drug
dependent,
12. Petition/Application for Voluntary Confinement for Drug
dependent.
13. Application for Voluntary Confinement for Drug dependent thru
Representation

EVALUATION OF THE COURSE
After finishing the modules, please answer the following questions.
1. What lesson or activity did I enjoy most? Why?
2. What is the most important lesson which I can apply in my daily life?
3. What are the new insights/discoveries that I learned?
4. What topic/s do I find least important?
5. What possible topics should have been included?
REFERENCES
Caluntad-Dabu, M. Carmencita M. and Mary Christine C. Dabu-Pepito, 2021. Legal Forms and Practical
Exercises. Philippines: REX Book Store.
Rolando A. Suarez, 2022. Legal Forms. Philippines: REX Book Store.
Lawphil Project, 2023. A.M. No. 02-8-13-SC, RE: 2004 RULES ON NOTARIAL PRACTICE.
https://lawphil.net/courts/supreme/am/am_02_8_13_sc_2008.html. Retrieved on June 15,

2023.
Lawphil Project, 2023. Judicial Affidavit Rule. https://lawphil.net/courts/supreme/am/am_12-8-8-
sc_2012.html. Retrieved on June 17, 2023
Philippine Legal Forms, 2021. List of Affidavits. https://www.philippinelegalforms.com/2013/03/list-of-

affidavits.html#:~:text=An%20affidavit%20is%20a%20written,to%20do%20so%20by%20law.%20
%2D. Retrieved June 2, 2023.
PNP DIDM, 2023. Legal Forms. https://didm.pnp.gov.ph/index.php/reports-forms/legal-forms. Retrieved
June 1, 2023.
Privacy International, 2019. State of Privacy Philippines. https://privacyinternational.org/stateprivacy/
1009/state-privacy philippines#:~:text=However%2C%20RA%204200%20provides%20an,high%
20seas%2C%20rebellion%2C%20conspiracy%20and. Retrieved on June 17, 2023
Ralb Law, 2023. Why are Legal documents Important? https://ralblaw.com/why-are-legal-documents-
important/#:~:text=Some%20examples%20of%20legal%20forms,warrants%20and%20subpoena
%20among%20others. Retrieved on June 10, 2023.
Supreme Court of the Philippines, 2004. Rules on Notarial Practice. https://sc.judiciary.gov.ph/wp-
content/uploads/2022/08/02-08-13-SC-1.pdf. Retrieved on June 15, 2023.
Tranquil G.S. Salvador III, 2021. Evolution of the judicial affidavit. https://manilastandard.net/opinion/
columns/footnotes-by-tranquil-g-s-salvador-iii/351908/evolution-of-the-judicial-
affidavit.html#:~:text=The%20judicial%20affidavit%20will%20allege,asked%20of%20him%2C%2
0fully%20conscious. Retrieved on June 17, 2023.

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SCHOOL OF CRIMINAL JUSTICE WITH PUBLIC SASFETY

A Self-regulated Learning Module 1

FIRST GRADING LESSONS

1. Legal Forms in Law Enforcement

2. Legal forms in criminology

3. Definition and related terms

4. Classification of legal forms

2. Affidavits/forms mostly utilized by the Philippine National Police Directorate for

a. Affidavit of Arresting Officer;

d. Application for Search Warrant;

e. Memo for Preliminary Investigation;

A Self-regulated Learning Module 2

a. Affidavit after execution of search warrant issued,

b. Application/Petition to Wire Tap,

g. Affidavit of Denial for NBI Clearance,

j. Affidavit of Disinterest persons,

k. Petition/Application for Compulsory Confinement for Drug dependent,

l. Petition/Application for Voluntary

m. Confinement for Drug dependent, and

A Self-regulated Learning Module 3

EVALUATION OF THE MODULE . . . . . . . . . . . . . .

A Self-regulated Learning Module 4

Course Code CDITEC9

Course: Technical Writing 2 (LEGAL FORMS)

Requirements of the course

1. Compiled answers to all the assessment questions of the modules

A Self-regulated Learning Module 5

A Self-regulated Learning Module 6

At the end of the module, the learners shall be able to:

1. Know the Concept of Legal forms;

2. Recognize the importance of legal forms in Law enforcement and Criminology;

4. Distinguish the classification of legal forms; and

5. Identify and apply the concept of Affidavits.

A Self-regulated Learning Module 7

The right-to-know and need-to-know approaches to information sharing are largely

B. LEGAL FORMS IN CRIMINOLOGY

C. LEGAL FORMS and RELATED TERMS

A Self-regulated Learning Module 8

DOCUMENT is a writing or instrument by which a fact maybe proven or affirmed. A

Persons Authorized to perform Notarial Acts

A Self-regulated Learning Module 9

Characteristics of a legal document

A Self-regulated Learning Module 10

D. Classification of Legal Forms

D.1. COMMON FORMS

A Self-regulated Learning Module 11

“S.S.” literally means more particularly (Suarez,2022), to wit, or namely (Guevara,

A Self-regulated Learning Module 12

Form 1: General Form of Acknowledgment

[2] REPUBLIC OF THE PHILIPPINES)

[4] [5] [6]

NAME IDENTIFICATION DATE AND PLACE OF ISSUANCE

A Self-regulated Learning Module 13

[11] Doc. No._____;

Note: Jurat is important as it gives the document a legal character.

Who executes a Jurat?

A Self-regulated Learning Module 14

REPUBLIC OF THE PHILIPPINES)

[10] JUAN DELA CRUZ

[11] Doc. No._____;

A Self-regulated Learning Module 15

A Self-regulated Learning Module 16

FORM NO.2: COMPLAINT

____________________, Philippines, this day _ of__20 .

____________________, Philippines, this day _ of__20 .

Subscribed and sworn to before me this __ day of 20 at