At The End of The Lesson The Students Will Be Able To Know, Identify, Discuss, and Apply The Following

LEARNING OBJECTIVES:
At the end of the lesson the students will be able to know, identify, discuss, and apply the
following:
a) The Different Kinds of Affidavit, such as: Affidavit of An Arresting Office, Complaint Affidavit,
Affidavit Of Witness, Affidavit of Desistance, Counter affidavit, Reply Affidavit, Rejoinder
Affidavit, Application/petition to Wiretapping, Affidavit of Loss, Affidavit of Denial for NBI
Clearance and the Affidavit of Undertaking.
LESSON 1
Different Kinds of Affidavit
Affidavit of Arresting Officers
ARREST- the taking of a person into custody in order that he may be bound to answer the complaint
charged against him.
Complaint Affidavit
MIDTERM MODULE
AY 2021-2022 2ND SEMESTER
Complaint - a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public law officer charged with the enforcement of the law violated.
The following are parts of an Affidavit of Complaint:

1. The name of the accused
2. The designation of the offense by the statute
3. The acts or omissions complained of as constituting the offense
4. The name of the general offended party
5. The approximate time of the commission of the offense
6. The place wherein the offense was committed
MIDTERM MODULE
Affidavit of Witness
 It is a legal and binding document of written testimony of a witness as a way of evidence to be
presented to the court.
 It is usually filled out by a lawyer, and then filed as part of the case.
 The affidavit has to be in paragraph form, and each paragraph covers one specific topic.
 The full name of the person making the statement has to be included, as does the name of one
who affirms the statement.
 This kind of affidavit can also be used to record the testimony of an expert witness in certain
cases. This affidavit has to be truthful and just give facts, not personal feelings or opinions.
Witness- one who testifies in a cause or before a judicial tribunal.
MIDTERM MODULE
Affidavit of Desistance
 a written statement under oath by the complainant stating that he‘s no longer interested in
pursuing the complaint or criminal case against another person. The complainant will no longer
assist in prosecuting the other person by not giving either evidence or testimony.
 filed before the office or court where the complaint is pending or being investigated. However,
please note that merely filing the Affidavit of Desistance does not automatically dismiss the
complaint or criminal case. The decision to dismiss the complaint or criminal case ultimately lies
with the investigating officer or the judge.
When do you need an Affidavit of Desistance?
MIDTERM MODULE
An Affidavit of Desistance is needed when you‘re no longer interested in pursuing a
complaint or criminal case against another person. You may wish to desist from the complaint
or criminal case for a variety of reasons, such as:
1. You have already amicably settled with the other person
2. You are no longer willing to spend time or effort in prosecuting the other person
3. You realized that you filed the complaint or criminal case against the wrong person
In such cases you file the Affidavit of Desistance to show the investigating officer or judge that
you are no longer interested and want to have the complaint or criminal case dismissed.
What information do you need to create the Affidavit of Desistance?

1. The type of complainant (i.e. individual or business) as well as name and details (i.e.
nationality and address).
2. The type of person against whom the complaint or criminal case was filed (i.e. individual or
business) as well as name and details (i.e. nationality and address).
3. Brief description of the complaint or criminal case (i.e. the crime involved, complaint or
criminal case number, etc.)
Counter affidavit
 An affidavit filed by the respondent in reply to a petition. Respondent files reply to the petition
in the form of affidavit. In most of the Writ Petitions, reply is being filed in the form of Counter
Affidavit.
Reply Affidavit
 It is an affidavit made for the purpose of answering a Counter affidavit. The purpose of an
affidavit in reply is simply to rebut or answer matters raised for the first time in the affidavits to
which the replies are made.
Rejoinder Affidavit
• A defendant's answer to the plaintiff's reply or replication.
MIDTERM MODULE
• Allows a defendant to present a more responsive and specific statement challenging the
allegations made against him or her by the plaintiff.
Making a Petition (In relation to Wire Tapping Law)

 According to Section 1 of REPUBLIC ACT No. 4200 It shall be unlawful for any person, not being
authorized by all the parties to any private communication or spoken word, to tap any wire or
cable, or by using any other device or arrangement, to secretly overhear, intercept, or record
such communication or spoken word by using a device commonly known as a Dictaphone or
dictograph or Dictaphone or walkie-talkie or tape recorder, or however otherwise described:
 It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in
the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or
any other such record, or copies thereof, of any communication or spoken word secured either
before or after the effective date of this Act in the manner prohibited by this law; or to replay
the same for any other person or persons; or to communicate the contents thereof, either
verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any
other person: Provided, That the use of such record or any copies thereof as evidence in any
civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be
covered by this prohibition.
 But Section 7 RA 9372 provides that he provisions of Republic Act No. 4200 (Anti-Wire Tapping
Law) to the contrary notwithstanding, a police or law enforcement official and the members of
his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with
the use of any mode, form, kind or type of electronic or other surveillance equipment or
intercepting and tracking devices, or with the use of any other suitable ways and means for that
purpose, any communication, message, conversation, discussion, or spoken or written words
between members of a judicially declared and outlawed terrorist organization, association, or
group of persons or of any person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism.
 Provided, That surveillance, interception and recording of communications between lawyers and
clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.
 According to Section 8 of the same law, ahe written order of the authorizing division of the
Court of Appeals to track down, tap, listen to, intercept, and record communications, messages,
conversations, discussions, or spoken or written words of any person suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism shall only be granted by the
authorizing division of the Court of Appeals upon an ex parte written application of a police or of
a law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council
created in Section 53 of this Act to file such ex parte application, and upon examination under
oath or affirmation of the applicant and the witnesses he may produce to establish:
a. that there is probable cause to believe based on personal knowledge of facts or
circumstances that the said crime of terrorism or conspiracy to commit terrorism has
been committed, or is being committed, or is about to be committed;
b. that there is probable cause to believe based on personal knowledge of facts or
circumstances that evidence, which is essential to the conviction of any charged or
suspected person for, or to the solution or prevention of, any such crimes, will be
obtained;
c. that there is no other effective means readily available for acquiring such evidence.
MIDTERM MODULE
Affidavit of Loss
 a written statement that describes the facts concerning the loss of an object, usually a
document such as an identification card, a driver's license, passport, or documents relating to
the registration of vehicles.
 usually required when requesting for a replacement of a lost document or item. This document
should be completed by a person, known as the Affiant, who can attest under oath of their
personal knowledge of the circumstances of the loss of the object.
 The Affiant is usually the owner of the lost object, especially if the affidavit is going to be used to
support an application for a replacement of the lost object.
 The document includes identifying information of the Affiant, including their name, citizenship,
age, and address. If the Affiant is a minor, the user will be asked the name of the guardian who
will accompany the Affiant to the notary public and sign the affidavit. The guardian is the legal
guardian who may be the parents or a courtappointed guardian. The document then describes
the object that was lost and the circumstances of the loss.
 Finally, the document explains that the information stated therein is based on the personal
knowledge of the Affiant and the Affiant verifies the truth of the said information. Finally, the
Affiant may request for a replacement of the lost document.
 The affiant must swear under oath the whole truth of the contents of the affidavit and then sign
all copies of the affidavit once notarized, the Affiant may use the document as needed, including
as support for any application for a replacement of the lost object.
Affidavit of Denial for NBI Clearance
 The National Bureau of Investigation (NBI) Clearance is a government document released to an

individual upon request. It certifies that the said individual, at the time of request, is not
involved in any ongoing criminal cases in the Philippines
 Unlike a Police Clearance (which is only limited to a particular area), an NBI Clearance covers the
entire Philippines. A person‘s NBI Clearance is valid for a year upon its request, and should be
used before then. Every time someone applies for an NBI clearance, a search is conducted
MIDTERM MODULE
through the criminal database to check for any criminal record–also known as ―derogatory
records–associated with the applicant‘s name.
The NBI Criminal Database can be a collection of criminal offender records extracted from the next:
 Courts (MTC, MTCC, MCTC, and RTC).
 Prosecution Service (City and Provincial Prosecution Offices).
 Ombudsman and Sandiganbayan.
 Police and AFP records.
 Others
 A HIT is the term used by NBI Clearance Centers if the applicant has the same or similar name
with another person who has a pending criminal case. This requires the NBI to verify your
identity further before they can release an NBI Clearance to the applicant.
Possible reasons for a HIT:

 You have a pending criminal or administrative case before the court, Ombudsman, Sandigan
Bayan, or another administrative or quasi-judicial body.
 You have the same or similar name with another person who has a pending or on-going case.
 You have a previous criminal or administrative case, and the status of this case needs to be
further verified by NBI personnel.
 Your NBI Clearance has been held by request of other government agencies.
 All NBI Clearance applicants with a HIT are subject to further verification of the applicant‘s
identity with the Identification and Records Division at NBI Manila. This is where you execute
and Affidavit of Denial for NBI Clearance.
Affidavit of Undertaking
MIDTERM MODULE
 A promise given by one party to the Court, frequently of mandatory nature and relating to an
obligation to the other party in proceedings. Undertakings are a legally binding promise which
carries severe consequences if breached. You should only make an undertaking if you are
certain that you are capable of adhering to the terms of the undertaking. They are used as a way
of incorporating a term into an order which falls outside the remit of orders that the Court has
the power to make. It may contain a promise to do, to abstain, or to pay.
MIDTERM MODULE

At The End of The Lesson The Students Will Be Able To Know, Identify, Discuss, and Apply The Following

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LEARNING OBJECTIVES:

Affidavit of Arresting Officers

The following are parts of an Affidavit of Complaint:

Witness- one who testifies in a cause or before a judicial tribunal.

When do you need an Affidavit of Desistance?

What information do you need to create the Affidavit of Desistance?

Making a Petition (In relation to Wire Tapping Law)

Affidavit of Denial for NBI Clearance

 The National Bureau of Investigation (NBI) Clearance is a government document released to an

Possible reasons for a HIT:

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