1ST 8-23 Technical-English-1-Legal-Forms
1ST 8-23 Technical-English-1-Legal-Forms
1ST 8-23 Technical-English-1-Legal-Forms
(LEGAL FORMS)
Al-nashrin N. Mindug
TOP 5
CLE JUNE 2022
TECHNICAL WRITING
Is a type of writing where the author is writing about a
particular subject that requires direction, instruction or
explanation.
It is a professional communication and a specialized form
of exposition: that is, written communication done on the job,
especially in fields with specialized vocabularies, such as
science, engineering, technology, and health sciences.
CHARACTERISTICS OF TECHNICAL
WRITING
The characteristics of Technical writing are as follows:
1. SIMPLICITY AND CONCISENESS
Writing short and using short words or sentences to
make documents easier to read. It also utilizes active voice,
rather than passive and avoids the use of jargon.
2. ACCURACY
There is no room for ambiguity or errors in a technical
document
3. AUDIENCE FOCUSED
A document written for experts will be very different from one
written for the general public.
Example:
Republic of the Philippines, SS, City of Pasig means:
In the Republic of the Philippines, more particularly in the
City of Pasig.
COMMON EXAMPLE OF AFFIDAVIT
AFFIDAVIT OF LOSS
Is a document declaring the loss of a security usually
through theft or destruction. The affiant contains all the
details regarding the loss, such as the owner’s name and any
information pertaining to the security.
AFFIDAVIT OF BIRTH
Is a legal document that can be used to verify the facts
surrounding an individual’s birth, including birth date,
location and the name of each parent.
It is a document that acts as a written solemn oath that
a birth occurred. It may be completed by a medical
professional who witnesses a birth in the event that a birth
certificate is lost.
Once notarized, this form may help someone prove
citizenship or even apply for a new birth certificate.
A parent may also complete an Affidavit of Birth for their
child.
AFFIDAVIT OF DEATH
Is a sworn legal document used to attest that a person
is dead.
Affidavit of Death forms can only be written and signed
by someone who has first-hand knowledge of the
person’s death and is typically accompanied by a certified
copy of a death certificate.
An Affidavit of Death is often created with a specific
purpose, such as informing insurance companies, banks,
business or any other organizations that a person has died.
AFFIDAVIT OF GOOD FAITH
Is an affidavit filed to show that good faith efforts have
been made to do something.
It is also part of the chattel mortgage contract wherein it
is stated that the chattel mortgage has been constituted to
secure a principal obligation and is not mean for fraud or any
ill purpose.
JUDICIAL AFFIDAVIT
Is written, out-of-court statement taken before a notary
public or any person authorized to administer an oath
(affidavit), is in a question and answer form (Sec.8, Rule 2,
AM No. 01-2-04 SC) and serves as witness’ direct
testimonies, subject to cross-examination in accordance with
existing rules on evidence.
CONTENTS OF JUDICIAL AFFIDAVIT
According to the Judicial Affidavit Rule (AM No. 12-8-8-SC)
Section 3. Contents of judicial Affidavit.A judicial affidavit shall be prepared in
the language known to the witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino, and shall contain the
following:
• The name, age, residence or business address, and occupation of the
witness;
• The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being
held;
• A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability
for false testimony or perjury;
• Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
(1) Show the circumstances under which the witness acquired
the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues
that the case presents; and
(3) Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court;
• The signature of the witness over his printed name; and
• A jurat with the signature of the notary public who administers the
oath or an officer who is authorized by law to administer the same.
Section 4. Sworn attestation of the lawyer.
(a) The judicial affidavit shall contain a sworn attestation at the
end, executed by the lawyer who conducted or supervised the
examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the questions
he asked and the corresponding answers that the witness
gave; and
2) Neither he nor any other person then present or assisting him
coached the witness regarding the latter's answers.
(b) A false attestation shall subject the lawyer mentioned to
disciplinary action, including disbarment.
AFFIDAVIT OF DESISTANCE
An affidavit of desistance is a written statement under oath
by the complainant stating that he/she is no longer interested
in pursuing the complain or criminal case against another
person.
It is filed before the office or court where the complaint
is pending or being investigated.
However, merely filing the Affidavit of Desistance does not
automatically dismiss the complaint or criminal case. The
decision to dismiss the complaint or criminal case ultimately lies
with the investigating officer or the judge.
A complainant may wish to desist from the complaint or
criminal case for a variety of reasons, such as:
• He/she have already amicably settled with the other persons
• He/she is no longer willing to spend either time or effort in
prosecuting the other person;
• He/she realized that he/she filed a complaint or criminal case
against the wrong person
REPLY/ANSWER AFFIDAVIT
Reply Affidavit or Affidavit in reply can be defined as an
affidavit served in court proceedings in which a deponent
responds to another party’s evidence where that party’s
evidence was itself in response to evidence served by the
party serving the reply affidavit.
The purpose of an affidavit in reply is simply to rebut or
answer matters raised for the first time on the affidavits to
which the replies are made.
COUNTER AFFIDAVIT
Is an affidavit filed by the respondent in reply to a
petition. It is an affidavit responding to and contradicting the
affidavit produced by an adversary.
It is an affidavit made in opposition to one already
made.
AFFIDAVIT OF UNDERTAKING
This affidavit is voluntarily executed in order to attest to
the truthfulness of the foregoing narration of facts and
undertaking under administrative, criminal, and civil liabilities
and for whatever legal purpose it may serve.
AFFIDAVIT OF DISINTERESTED
PERSONS
The affidavit contains the sworn statements of two
disinterested persons clarifying discrepancies in a person’s
name. The two persons who will sign the affidavit should:
• Be disinterested persons or have no interest in the subject-
matter of the affidavit
• Not be related to the person subject of the affidavit (e.g. not
a parent, child)d
• Have personal knowledge of the facts subject of the
affidavit.
OTHER AFFIDAVITES AND FORMS USED
BY LAW ENFORCEMENT AGENCIES
AFFIDAVITS OF ARRESTING OFFICER
ARREST is the taking of person into custody in order that he
may be bound to answer for the commission of an offense.
TYPES OF SUBPOENA :
1. Subpoena ad testificandum - Orders a person to testify in
the court.
2. Subpoena ducestecum - Orders a person to bring physical
evidence before the court.
DEPOSITION OF WITNESS
Is a witness’s sworn out-of-court testimony. It is used to
gather information as part of the discovery process and, in
limited circumstances, may be used at trial. The witness
being deposed is called the deponent.
DOCUMENTS AFTER THE EXECUTION
OF SEARCH WARRANT ISSUED
RECEIPT FOR PROPERTY SEIZED
The police officer who confiscates property under the warrant
shall issue a detailed receipt of property seized to the lawful
occupant of the premises.
In the absence of the occupant, the detailed receipt shall be
left in the place in which he/she found the seized property on the
presence of at least 2 witnesses of sufficient age and discretion
residing in the same locality.
The receipt shall likewise include items seized under the
Plain View Doctrine (Revised PNP Operational Procedure, 2021)
CERTIFICATION OF ORDERLY SEARCH