Technical English
Technical English
Technical English
Rolly C. Sotto, MS-Criminology This module is entitled “Technical English 1 and 2.”
20th place, September 1999 Crim Board Examination
Lessons of this material includes the concept police report
2023 Edition writing, principles of report writing, and the format of
police reports and legal forms.
Author’s Declaration
This learning material is aligned with CMO No. 05 series of
Ideas, concepts, diagrams and/or illustrations depicted in 2018 of the Commission on Higher Education (CHED)
this learning material are excerpts from established which is otherwise known as “Policies, Standards and
references and properly noted in the list of literatures cited Guidelines for the Bachelor of Science in Criminology (BS
herein. The author in this learning material remains a Criminology) Program and Professional Regulation
compiler and does not claim full and authentic ownership Commission (PRC) syllabus and table of specification (TOS)
of all the contents of this module, nor in any manner that is conformed to Outcomes- Based Education (OBE).
willfully infringe the copyright law and other existing
provisions appertaining thereto. Content
2. THE BODY. The body of the letter is the message itself. e. Dividing a paragraph. Three (3) or fewer lines will
It is the substance of the typed letter as distinct from not be divided between pages. At least (2) lines of
the formal beginning and ending. This part of the letter a divided paragraph will appear on each page. In
is single -spaced. The use of the third person, such as dividing a sentence between pages, at least two
"the undersigned", "this unit", or "this office", is (2) words appear on each page. The
prescribed to achieve objectivity. complimentary ending will not appear alone on a
page without a part of a body or text. When the
a. Paragraphing. When a letter consists of only one space below the text is not sufficient for the close,
paragraph, the paragraph will not be numbered, at least two (2) lines of the paragraph or sub-
although it is sub-paragraph will be lettered, if there paragraph which in it's entirely consists of only
are two or more. When there are two (2) or more one (1) line may be placed on the last page
paragraphs, they will be numbered consecutively. together with the complimentary ending. On the
The second succeeding lines will begin at the left second and each succeeding pages, the file
margin. Example: reference and subject will be typed beginning at
the left margin 1 ¼ inches from the top edge of the
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx page. The date will be placed so that it ends at the
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. right margin. The text will be continued on the
a. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx second line below the identification line.
b. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
b. Abbreviations. This kind of communication allows 3. Complimentary Ending: Like in business letter,
abbreviations which are generally accepted in the there is also a closing portion in this type of
police service. They are usually written without communication. This refers to the material found
spacing or periods, except geographical locations below the last paragraph of the body. It consists of
which can be written with it without periods. If the the authority Line (if used), signature, list of
full name is used, the abbreviated rank is enclosures, and list of copies.
permissible, if family name only, the rank is spelled
out. However, good practice tells the writer to use
Technical English 1 and 2 RCS 2023 6
c. Enclosures. Enclosures are supplementary documents
a. Authority Line. An authority Line will be which are sent with communications to provide additional
shown when the correspondence is signed for information. When a letter has one or more enclosures, this
the chief or head of office by an individual fact is entered at the left side of the page.
authorized to do so. This reflects the fact that Example:
the communication is an expression of the will
of the Chief or head of office. The authority Incls.
Line will begin on the second line below the 1-Memo from
last paragraph directly under the first letter of 2-Memo from
the first word of the preceding main 3-Memo from
paragraph. It is typed in capital letter without
abbreviations. Note: A Staff officer may sign
under the authority Line only when authorized Example of a Memorandum
to do so. Example:
Republic of the Philippines
For guidance and compliance. NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
BY ORDER OF THE DIRECTOR, NFSTI: NAGA CITY POLICE OFFICE
City of Naga
NCPO-Inves
MEMORANDUM FOR : The City Director
b. Signature. The signature contains the name of THRU : The City Director
the officer, signed in ink ( black or blue- black, Attn : The Chief, Administrative
never blue or any other color) ; the name Section
being typed, stamped or printed in capital FROM : The Chief, Operations Section
letters identically with the written name, the SUBJECT : Augmentation Personnel,
officer's rank or service and title or Request for
designation. Example: DATE : May 8, 2021
5. Use professional greetings – It's important to Texting Etiquette: The 10 Do's And Don'ts
learn how to use professional greetings when it
comes to email etiquette. Unprofessional: “Hey 1. Do reply promptly. When you receive a text, try to
there” or “Hi Everyone.” Example of professional respond in a prompt fashion. There is a certain
greetings: etiquette to being timely with texting and an
expectation that the replies will come as soon as
a. Good afternoon. possible. At the same time, you’re not beholden to
b. Good evening. your device. If it’s not an appropriate time to reply,
just wait and do it later (Senning as cited by
c. Good evening, Mrs. Smith.
Middleton, 2014).
d. Good morning.
e. Hello, Dr. Johnson. 2. Don’t text during inappropriate moments. Example
f. Hello, ma'am. of Inappropriate moments:
g. Hello, sir. a. While in movie theaters,
b. During plays,
6. Be wary of excessive exclamation points – c. Funerals,
Exclamation point indicates excitement. It may d. Religious services, etc.
make the writer sound overly eager or immature.
Reason: Texting during public gatherings can be
7. Be careful when using humor – any humor used considered rude, insensitive and annoying. Would
over email can easily get lost in translation. you make a phone call in such a setting? Probably
not, so the same rule applies to texting. If you
8. Reply to all your emails – a reply is not mandatory simply cannot wait, excuse yourself from the
but it’s always good email etiquette. movie, event or dinner table and text outside
9. Always proofed before pressing send – check where you won’t disturb others (Senning as cited
spelling and grammar. Spelling and grammar by Middleton, 2014).
indicate intelligence and smartness.
3. Do keep texts short. Texts are a shorter medium of
10. Add email address after you have composed the communication, a little bit like an answering
message – avoid accidentally sending an email. machine message. If it gets too long, the text
Some information are confidential or restricted. becomes a burden to the person on the receiving
end. If you have a lot to say, break up the message
11. Double check the recipient address – It is into several texts, so it’s easier for the receiver to
unfortunately very easy to choose the wrong name, read (Senning as cited by Middleton, 2014).
which can be embarrassing for you and the person
receiving the email by accident.
Technical English 1 and 2 RCS 2023 8
4. Don’t text sensitive news. It’s not fun (or polite) to FORMAL/OFFICIAL OR BUSINESS COMMUNICATION
be told via text that: ETIQUETTE
a. Your husband wants a separation (divorce).
b. Other life-changing news such as being laid off 1. Acknowledge the status message. Have a look at the
from work, or recipient’s status/availability before you start instant
c. a death in the family messaging. Send your message only when they are
available. This is the basic chat etiquette that one
Messages with emotional content are better must follow in the workplace. If you find their status
delivered by phone, or in person. You get more to be “Busy” or “Do not disturb”, remember that they
information from the tone and inflection of voice, could be in meetings or discussion. Avoid interrupting
facial expressions, and body language than you do others without knowing their availability.
from the written word, and there’s less chance your
message can be misinterpreted, or cause hurt 2. Always start with a greet or seek permission. Start
(Senning as cited by Middleton, 2014). Instant messaging with a greet like “Hi” or “Hello”.
Also, be mindful of the good time to initiate the
5. Do re-read your texts before sending. They’re fun to conversation by asking whether they would have a
giggle at when they’re posted to Facebook, but minute to help/answer you. Your message may be like
autocorrect errors aren’t always a laughing matter “Steve, would you take a minute to approve the new
when they happen to you. Save yourself some employee’s IM user account?”. If the receiver can’t
embarrassment and show some care for the person help you at that moment, you can ask him the right
you’re communicating with by taking the time to re- time to chat.
read your message before you hit send (Senning as
cited by Middleton, 2014). CORRESPONDENCE/COMMUNICATION ETIQUETTE
6. Don’t send too many attachments. It’s fine to send an 1. Always use polite and courteous words in
important photo or link, but texting too many — communicating or responding,
especially if they’re risqué or boring — and you might 2. Maintain goodwill, and
be going too far. You don’t want to be the person who 3. Show interpersonal/people communication skills.
floods people with baby photos or lunch pictures. You
don’t want to overwhelm people with stuff they’re Interpersonal skills are the behaviors and tactics
not interested in, or send anything that might shock a person uses to interact with others
or offend them (Senning as cited by Middleton, 2014). effectively. People use interpersonal skills all
the time when dealing with others, whether in
7. Don’t forget to double-check the recipient. Be extra
careful with the autofill function in the text’s ‘send’ the workplace, in social situations, or within a
field. Typing in the first letters of someone’s name family.
and relying on autofill to do the rest could result in an Example:
awkward situation when the wrong James, or Jill a. Expressing appreciation,
receives your message (Senning as cited by Middleton, b. Resolving disputes, and
2014). c. Listening well
E. Exchanges of Correspondence
Chapter 5
REPORT WRITING FORMAT
Definition of a Report
These are normally done in the course of performing An Affidavit is a formal written statement of facts
duties involving public safety and maintenance of peace voluntarily made by an affiant under an oath or a public
and order. official such as the notary public or a person authorized
to do so. It will be used to prove the truthfulness of a
Form and Use of Operational Reports certain statement in court.
Example of Administrative Report (a) The judicial affidavit shall contain a sworn
attestation at the end, executed by the lawyer who
1. Accomplishment report conducted or supervised the examination of the
2. After seminar or training report witness, to that effect that:
(Note: intra-agency means within or inside an agency (1) He faithfully recorded or caused to be recorded
while inter-agency means occurring between or the questions he asked and the corresponding
involving two or more agencies. Example: inter-agency answers that the witness gave, and
communication; an inter-agency task force.)
(2) Neither he nor any other person then present
Kinds of Police Report assisting him coached the witness regarding the
latter’s answers.
1. Operational Report
(b) A false attestation shall subject the lawyer
a. Police blotter report, mentioned to disciplinary action, including
b. incident reports (e. g. vehicular accidents), disbarment.
c. Spot reports,
d. initial investigation report, 2. Liability of the Deponent
e. progress and
f. Final report and Specifically, Article 183 of the Revised Penal Code
g. After operation report (Post Operation defines and penalizes the crime of Perjury, as follow:
report)
h. Follow-up Report “Art. 183. False testimony in other cases and perjury
i. After Incident Report in solemn affirmation. – The penalty of arresto mayor
j. Status Report in its maximum period to prision correccional in its
Technical English 1 and 2 RCS 2023 11
minimum period shall be imposed upon any person E. Complaint Affidavit
who, knowingly make untruthful statements and not
being included in the provisions of the next preceding A complaint affidavit is a sworn statement prepared by
articles, shall testify under oath, or make an affidavit, someone who wishes to file a legal complaint.
upon any material matter before a competent person
authorized to administer an oath in cases in which the F. Affidavit of Witness
law so requires. x x x” [Emphasis and underscoring
supplied.] An affidavit executed by a witness to attest the
truthfulness of the (foregoing) facts and to support the
Elements of the Crime of Perjury filing of Criminal Cases against the offender.
The elements of Perjury, culled from Article 183 of G. Application for Search Warrant
the Revised Penal Code, are as follows:
An application for the release of search warrant is
“(a) The accused made a statement under oath or executed by a law enforcer.
executed an affidavit upon a material matter;
(b) The statement or affidavit was made before a The requisites for the issuance of a search warrant are:
competent officer authorized to receive and
administer oaths; a. probable cause is present;
b. such probable cause must be determined personally
(c) In the statement or affidavit, the accused by the judge;
made a willful and deliberate assertion of a c. the judge must examine, in writing and under oath
falsehood; and or affirmation, the complainant and the witnesses
he or she may produce;
(d) The sworn statement containing the falsity is d. the applicant and the witnesses testify on the facts
required by law or for a legal purpose.” (Reyes, personally known to them; and
Luis B., The Revised Penal Code Book II, p. 272, e. the warrant specifically describes the place to be
1998 Ed. As cited by Nicolas & De Vega Law searched and the things to be seized. Necessarily, a
Offices, 2022) motion to quash a search warrant may be based on
grounds extrinsic of the search warrant, such as (1)
A. Requirements in the Verification and Certification of the place searched or the property seized are not
Statements those specified or described in the search warrant;
and (2) there is no probable cause for the issuance
Certification and Verification are found in the following: of the search warrant. (PEOPLE OF THE PHILIPPINES,
PETITIONER, VS. HON. EDMAR P. CASTILLO, SR. G.R.
1. Application for search warrant No. 204419. November 07, 2016)
Police Blotter – A record or log where all types of operational and undercover dispatches shall be recorded containing the
five "W"s (WHO, WHAT, WHERE, WHEN AND WHY) and one "H" (HOW) of an information (PNP Criminal Investigation
manual 2011, p. xlii).
Each PNP operating unit/station shall maintain two separate police blotters:
a. Blue Blotter. Contains the daily registry of all crime incident reports, official summaries of arrest, and other significant
events reported in a Police Station/Unit; and
b. Pink Blotter. Contains the daily registry of all crime incident reports involving Violence Against Women and Children,
Trafficking in Person, and other Gender-Based Violence such as those provided for in PNP policies and Philippine laws.
-o0o-
INCIDENT REPORTS
(Traffic Accident Report)
An accident report is a written account of an event or occurrence. The purpose of this report is to document the exact details of
the occurrence basis for further actions of concerned public safety officers. Incident reports are the jump-off points of
investigations designed to ferret out the facts and recommend solutions.
Letterhead
TRAFFIC ACCIDENT REPORT
.
Particular Vehicle # 1 Vehicle # 2
Type Isuzu Elf Drop Side Honda Civic 4 Door Sedan
Make/Model 1984 1997
Plate Number TNZ 851 USF 939
Classification 6-Wheeler Truck Car
Driver Jose Santos y Hutalla Reynaldo Sis y Gomez
Address Irasen, Brgy. San Dionisio, Camp, Vicente Lim, Calamba,
Parañaque, MM Laguna
License Number (P)D06-95-150935 Restriction (NP)D04-92-053917 Restriction
1-2-3/ Expiry 1-22-01 1-2-3/ Expiry 2-10-01
Age/Nationality 40 years old/Filipino 39 year old/Filipino
Gender/Civil Status Male Male
Driving Experience 4 years 3 years
Name of Owner Benjamin Cortez Emmanuel Roxas
Address A. Bonifacio Street, San Donisio, B-8 L-34 San Lorenzo South,
Parañaque, MM Santa Rosa, Laguna
Registration Certificate # MVRR90773886 CR-50083420 MVRR
File- 1308-33920 CR384553551
Insurance Imperial COC 503223 Expiry May Reliance COC @#$%^& Expiry
29, 2010 –June 30, 2011
Description of Damages Leaf Rear Portion Right Side Portion, wind shield,
etc.
Injured Person None None
Narrative:
Prior to accident, both vehicle were travelling northbound with V1 ahead of V2.Upon reaching the accident scene, V1
engine conked out and suddenly stopped.V2 which was behind V1, veered to the left to pass V1 but in doing so accidentally hit
the left rear of V1 thereby causing damages to both vehicles.
Both drivers gave their statement of both were advised to submit estimate of damages on both vehicles and
corresponding photographs.
BENZON A HUGO
Police Lieutenant
Investigating Officer
Noted:
REY M COTEZ
Police Major
Chief, Parañaque Traffic Unit
-o0o-
Spot Report refers to an immediate initial investigative or incident report addressed to higher Headquarters pertaining to the
commission of the crime, occurrence of natural or man-made disaster or unusual incidents involving loss of lives and damage of
properties.
Such incidents must be acted upon and reported to higher police office whether verbal or written, within twenty four hours. The
idea is to inform an immediate chief, which is a standard operating procedure, considering the fact that whatever happens in the
area is a command responsibility, or that one from higher police office must be informed regarding the details relative to a
particular occurrence.
A spot report may use a radio graphic message form, especially if the reporting unit is far from the addressee or receiving higher
police office concerned. Information contained therein must be complete, answering the 5Ws and 1 H.
NCPO
MEMORANDUM
FOR : The Regional Director
Attn : The Chief, R7
FROM : The City Director
SUBJECT : Spot Report, re - Stabbing Incident
DATE January 5, 2021
_________________________________________________________________________________________________________
___
1. On or about 9:00AM of January 5, 2021, a stabbing incident transpired along Panganiban Drive, Naga City, in front of
lglesia Ni Kristo Church, wherein the victim one, JOBIN DELA CRUZ y Cruz, 30 years old, married, jobless and a resident
of No. 34 Brgy. Lerma, Naga City, was stabbed by suspect one, MÁRIO LISTA y Marcelino, 28 years old, single, jobless
also and a resident of Brgy. Mabolo, also of Naga City.
2. As a consequence thereof, the victim sustained multiple stab wounds in the different parts of the body and was rushed
to St. John Hospital for medical treatment but was pronounced dead on arrival (DOA) by the attending physician
thereat.
3. The suspect was arrested after the incident but the weapon used was not recovered and he is now under the custody
of this Police Office for investigation and proper disposition. The cadaver was moved to the PNP Crime Laboratory
Service, Cam Sur PPO, Naga City, for autopsy examination.
4. The motive of the incident is undetermined and the case is still under investigation.
Initial investigation is the first action to be undertaken when there is a reported or discovered incident. The conduct of initial
investigation is one of the standard operating procedures in all Police stations. This is where the spot report will be relied on. In
this first phase of investigation, the investigator tries to seek the answers of the six cardinal questions (SWs and 1 H), but it does
C not necessarily mean that an unanswered cardinal question will not be included in the report. If the assailant is still unknown,
cardinal question "Who is the perpetrator?" could be answered with "unidentified person." If the value of stolen property had
not been determined yet, the question pertaining to this could be answered with "undetermined amount of properties."
NCPO-Inves
MEMORANDUM
FOR : The Chief, Investigation Section
FROM : The Officer-On-Case
SUBJECT : Initial Investigation Report, re–Malicious Mischief
DATE : April 5, 2013
_________________________________________________________________________________________________________
_
I. AUTHORITY:
Standard Operating Procedures of this Police Unit with reference to incident recorded in Patrol Section Incident
Logbook, Entry No. 2013-25, dated April 3, 2013.
II. DETAIL:
Upon receipt of the report of the Chief of the Patrol Section, the herein investigator was dispatched by the duty
Desk Officer, SMSgt Jose P Cruz to conduct investigation on the alleged malicious mischief being done to the car of
Senator Juan dela Cruz.
III. RECOMMENDATION:
EDGAR G CRISTO
Police Master Sergeant
PROGRESS REPORT
Progress Report is submitted if there is new findings or development in the case. For example, the unidentified assailant
reported in the initial investigation report had already been identified after follow up operations, or if the total amount of the
stolen properties had already been computed or recovered.
Progress reports should be numbered consecutively according to the sequence of developments in the case. In the given
example above, if you will submit report that the assailant had already been identified, the subject title of the report should be:
"Progress Report No. 1, re-Dela Cruz Case." In the subsequent developments, subject should be: "Progress Report No. 2 or 3 and
so forth and so on, until you had completed all the information necessary in order to submit the Final Investigation Report.
NCPI-Inves
MEMORANDUM
FOR : The chief, Investigation Section
FROM : The officer-On-Case
SUBJECT : Progress Report No. 1, re - Malicious Mischief
DATE : April 10, 2013
________________________________________________________________________________________________________
___
I. AUTHORITY:
Progress Report to the Investigation conducted on the incident recorded in Patrol Section Incident Logbook, Entry No. 2013-
25, dated April 3, 2013.
II. DETAILS:
III. RECOMMENDATION:
EDGAR G. CRISTO
Police Senior Master Sergeant
FINAL REPORT
MEMORANDUM
FOR:
FROM:
SUBJECT: Final Report
DATE:
SNFDO/C
MEMORANDUM:
FOR: The Provincial Director
Camarines Sur Police Provincial Office
Concepcion Grande, Naga City
(Attn: Opn Section)
FROM: Officer-In-Charge
SUBJECT: After Operation Report Re Viol of Art II Sec 5 RA 9165
DATE: 08 April 2022
I. AUTHORITY: Master Plan SANGBANAT. Radio Message Cite Number CAMSB 1011-18.
II. MISSION:
a. To Implement IMPLAN LARK with reference to IMPLAN STRIVER Anti Robbery Hold-up, PD 96 Unauthorized use of Bell,
siren, blinkers, No Plate No Travel Policy and other laws as the case may be.
b. To apprehend violators of special laws that may be perpetrated by Other Crime Groups/ Organized Crime Groups such as
Gun Running, Drug Trafficking and the like.
V. ELEMENTS:
CHECKPOINT TEAM
SAN FERNANDO MPS
SUPPORT GROUP
CAM SUR PPO PIS, 504 th PMG
a. Background
b. Intelligence Build-up
Recent assessment conducted by the Officer-In-Charge as per information received from Camarines Sur PPO there are
Other Crime Groups that might took advantage of transporting Illegal Contraband such as Drugs or firearms coming from
the North.
OOA 071000H October 2022 the Officer In Charge has established a police checkpoint along Barangay Bonifacio just in
front of the Municipal Hall with eight (8) personnel changing shifts in two teams together with the Support Group coming
from the Camarines Sur PPO PIS and 504 th PMG.
OOA 071745H October 2022 after several check with other motor vehicles a color blue FUSO truck with plate number
WED 442 was stopped and checked driven by ANTONIO ESTRADA Y SALITA, 28 years old, married of Bgy bariada, Legaspi
City together with four male companions: ROMY LLONES Y CORPUZ, 51 years old, married of La Trinidad, Benguet, TOMAS
GUAN Y ARANA,35 years old, married of Rapu-Rapu, Albay, EDWIN BANANIA Y BULLOSA, 24 years old, married, of Bgy
Pigcali, Legaspi City, PLACIDO GUTIERREZ Y LEAÑO, 42 years old, married, of Bgy Dinaga, Legaspi City.
That, during the check Romy Llones was carrying a black bag with its zipper opened and his reaction was as if he wants
to jump from the vehicle to escape however, the team upon closer look/verification noticed the odor of marijuana coming
from the bag wherein part of a marijuana brick was already then partly opened. The five occupants were ordered to step
down from the vehicle and confiscated the black bag with two (2) pcs of Marijuana packed in bricks. Likewise, Mayor Sabas
M Mabulo together with Municipal Councilor Marcial Olitoquit witnessed the incident particularly when the FUSO truck
was subject to intensive search which led to the discovery of one color blue traveling bag and when opened it contains
twelve (12) pcs of marijuana packed in bricks with an estimated weight of MOL 12.4 kilos.
The suspects were properly informed with their rights and after documentation was brought to PNP Crime Laboratory
5, Camp Ola Legaspi City together with the marijuana for drug testing and analysis.
VII. COMMENTS:
The San Fernando Municipal Police Station considering that it is in a very strategic location in terms of conducting police
checkpoints, it is very clear that some police station do not man their individual established checkpoints considering that the
truck came along from Baguio City.
VIII. ASSESSMENT:
The result of every positive operation on our campaign against drugs or organized crime syndicates will give a major setback
in their activities due to supply reduction and it is always expected that they will retaliate to recover from losses they had
incurred. Possible retaliation is mminent. However, this accomplishment had already saved many lives (hundreds of
thousands) particularly the youth because would the 12.4 kilos of marijuana had reach the streets, our youths will be totally
in danger of being drug addicts.
IX. RECOMMENDATION:
The personnel involved in this particular operation against drugs for their eminent and invaluable service in the field of police
operations is highly recommended to be awarded with the Medalya ng Kadakilaan (PNP Heroism Medal). The success of the
operation relies on the full Cooperation, discipline and loyalty of all the team who participated in the operation.
EDWARD Q GOMEZ
Police Captain
-o0o-
FOLLOW-UP REPORT
(No Format Found)
NCPO-Inves
MEMORANDUM
FOR : The Chief, Investigation Section
FROM : The Officer-On-Case
SUBJECT: Final Investigation Report, Re Stabbing Incident that Resulted in the Death of JOSE DELA CRUZ y Cruz
DATE : January 7, 2013
I. AUTHORITY:
IV. DISCUSSION:
14. The Victim and the suspect had personal differences/misunderstanding before the incident. The herein
suspect, with treachery, evident premeditation and with intent to kill, stabbed the herein victim several times
with the use of a bladed weapon (balisong) that resulted in his untimely death.
V. CONCLUSION:
15. After a careful perusal surrounding this particular incident, probable cause exists that the herein suspect is
criminally liable, hence, the filing of a murder case against him is necessary.
VI. RECOMMENDATION:
16. WHEREFRE, in view of the foregoing, the undersigned respectfully recommends that this case be considered
solved.
Edgar G. Cristo
Police Master Sergeant
List of Exhibits/Annexes to IR
“A” – Complaint Slip/Sheet
“B” – Authority to Investigate
“C1” – SS of Witness 1
“C2” – SS of Witness 2
“D3” – SS of Suspect 1
“D4” – SS of Suspect 2
“E1” – Arrest Booking Sheet
“E2” – Laboratory Reports
“E3” – Photographs
“E4” – Other Documentary Evidence
(NOTE: List of Exhibit/Annexes – Only five (5) letters are used. In case of additional SS, add annexes “C3”, etc. and “D3”, etc.)
-o0o-
Chapter 6
AFFIDAVIT
B. Affidavit Defined
An Affidavit is a formal written statement of facts voluntarily made by an affiant under an oath or a public official such as the
notary public or a person authorized to do so. It will be used to prove the truthfulness of a certain statement in court.
C. Parts of an affidavit
5. A statement that the affiant is swearing under oath to the truthfulness of the information contained in the affidavit.
6. The information that is being sworn to.
7. The signature of the affiant.
8. The attestation of a notary public or other official authorized to administer oaths.
Legal Responsibilities, Obligations, and Liabilities of Making or Executing Affidavit and Petitions
3. Liability of a Lawyer
Sec. 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 that effect that:
(3) He faithfully recorded or caused to be recorded the questions he asked and the correspodning answers that the
witness gave, and
(4) Neither he nor any other person then present asdsisiting him coached the witness regarding the latter’s answers.
(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment.
Specifically, Article 183 of the Revised Penal Code defines and penalizes the crime of Perjury, as follow:
“Art. 183. False testimony in other cases and perjury in solemn affirmation. – The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period shall be imposed upon any person who, knowingly make
untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or
make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in
which the law so requires. x x x” [Emphasis and underscoring supplied.]
The elements of Perjury, culled from Article 183 of the Revised Penal Code, are as follows:
“(a) The accused made a statement under oath or executed an affidavit upon a material matter;
(b) The statement or affidavit was made before a competent officer authorized to receive and administer oaths;
(c) In the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and
(d) The sworn statement containing the falsity is required by law or for a legal purpose.” (Reyes, Luis B., The Revised
Penal Code Book II, p. 272, 1998 Ed. As cited by Nicolas & De Vega Law Offices, 2022)
VERIFICATION requirements:
d. Name of applicant
e. Sworn
f. That I have read and fully understood the contents of the application, finding them true and correct according to my
own knowledge, information and belief.
-o0o-
_____________________)S.S.
x- - - - - - - - - - - - - - - - - - - - - - - -x
We, the UNDERSIGNED Police Officers, both members of the Philippine National Police, presently assigned at the
__________________________,____________,__________________, do
hereby depose and state THAT:
That, Said operation stemmed from the complaint of _______________ ________ of for violation of
______________________________which was referred to our office by the _____________________________ against
________________________, (age), (civil status), (nationality) and residing at
No.______________________________________,__________________
That, On the complaint dated _____________________________ (state the act and the crime committed).
, That, 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 prearranged pay off ___________________________
located along___________________________,______________ to give the money being asked by the respondent;
That, 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;
That, the 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;
That, the 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.
That, 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 _________________.
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
-o0o-
Technical English 1 and 2 RCS 2023 26
AFFIDAVIT OF COMPLAINT (A)
A complaint affidavit is a sworn statement prepared by someone who wishes to file a legal complaint. Such statements are filed
when people wish to file suit against someone for a violation of civil law and they can also be involved in criminal cases, when a
victim files a formal complaint with the assistance of law enforcement. The complaint affidavit becomes the basis for the case,
providing basic information about the facts of the matter and outlining the nature of the case. This document is part of the court
record maintained on the case and can be inspected by anyone reviewing the record.
When preparing an affidavit, a person typically writes down all of the relevant facts concerning the legal matter.
In a complaint affidavit, the complainant clearly spells out the facts of the situation, providing as much detail as possible. The
date and time of the incident in question are noted and the document describes what happened and how. People who
witnessed the incident may be identified and the document also discusses any action taken by law enforcement. Identifying
Information about the defendant is also provided. When a person brings a complaint affidavit to court with the intention of
filing a civil suit, a summons form is also filled out to alert the defendant to the fact that a complaint has been filed.
X----------------------------------------------X
AFFIDAVIT OF COMPLAINT (A
_________________________
Offended Party
____________________________
Judge
WITNESSES:
_____________________
_____________________
-o0o-
Affidavits must be signed in front of a witness who is an authorized person. An authorized person includes a Justice of Peace
(JP), a solicitor or barrister. After witnessing your signature, the witness must also sign the affidavit.
_______________________
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
-o0o-
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 bringing it before the court.
That 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 SW includes the following:
a. Leads
b. ....
-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
Technical English 1 and 2 RCS 2023 28
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 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
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
____________________
Applicant
Date: ___________________
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
Technical English 1 and 2 RCS 2023 29
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: ___________________
-o0o-
X------------------------X
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 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.
SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__ at City of Manila, Philippines.
_________________
Presiding Judge
-o0o-
A police officer can secure a written order from the Court to commit any of the acts that would otherwise be considered
wiretapping “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 616,
punishing espionage and other offenses against national security.” (Section 3, RA 4200).
-o0o-
AFFIDAVIT OF DESISTANCE
An Affidavit of Desistance is a written statement under oath by the complainant stating that he is 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.
AFFIDAVIT OF DESISTANCE
I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila, after having duly sworn to in accordance
with law hereby depose and state:
That, I am the complaining witness for Serious Physical Injuries against Jesus Santos in the case entitled "People of the
Philippines versus Jesus Santos", Criminal Case No.12345, Metropolitan Trial Court, Branch No. 11, City of Manila.
That, After my sober and soul-searching assessment and analysis of the incident, I have realized that because I was not wearing
my eyeglasses and it was dark, I can not point out, without a doubt the accused or any other person/s who inflicted harm
against me.
That, Since I could not state with certainty and without doubt the liability of Jesus Santos, in fairness to him, I am permanently
withdrawing my complaint against him. I clear him of whatever responsibility or liability to me.
That, I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for Serious Physical Injuries in Criminal
Case No. 12345 entitled "People of the Philippines versus Jesus Santos", Metropolitan Trial Court, Branch No. 11, City of Manila.
That, I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to dismiss with prejudice the said criminal
case.
IN WITNESS WHEREOF, I hereby set my hand this day of September 20 at the City of Manila.
Juan de la Cruz
Complaining Witness
Jose P David
Public Prosecutor
-o0o-
REPLY/ANSWER AFFIDAVIT
An affidavit in reply cap 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. May 9, 2022
Complainant;
-versus--
/ /
CATHERINE X. DAGAYLOAN
Affiant
SUBSCRIBED AND SWORN, to before me on the date and place first-above written, affiant declaring under oath that all the
allegations in the foregoing Reply- Affidavit are all true and correct. I hereby certify that I have personally examined the affiant
and I am satisfied that she voluntarily executed and understood all the contents hereof.
Explanation:
Filing in Provincial Prosecutor Office and service to the adverse counsel are done thru registered mail due to distance
and impracticability of personal service. CATHERINE D. DAGAYLOAN Copy Furnished: Atty. Annemarie Acosta-Quiros Counsel for
Respondents Poblacion 1, Oroquieta City
Technical English 1 and 2 RCS 2023 32
-o0o-
REJOINDER AFFIDAVIT
Rejoinder Affidavit is the response by the petitioner to the counter affidavit filed by the respondent. Rejoinder affidavit may
include response to response to the fact raised through the affidavit filed by the respondent. The Rejoinder is reply to the
Counter filed by the Opposite party. The Pleadings of Petitioner or plaintiff are already filed and the opposite party filed counter
affidavit of Written Statement with new facts which are not correct according to Petitioner or Plaintiff, in reply to the Counter of
Respondent the petitioner can file rejoinder denying the new facts which are not mentioned in the Petition or Complaint.
For the new facts, the complainant will file an additional statement, with support of an affidavit. First show the reason to the
court that why the petitioner is filing additional statement and then take the order from the court for filling it.
JUANA DE LA CRUZ,
Complainant,
NPS Docket No.
FOR: ESTAFA
-versus-
Respondents.
X x
JOINT REJOINDER-AFFIDAVIT
WE, ANDRES A.. BONIFACIO AND ANDRES B. BONIFACIO, JR., of legal ages, Filipinos, and with residence and postal
address at Paranaque City, after having been duly sworn to in accordance with law, do hereby state under oath, hereby depose
and state:
That, As respondents in the instant case, we have been in receipt of the Reply dated 15 August 2013 on 16 August
2013.
That, We deny the allegations under paragraph 3 of the Reply that “the alleged APECO projects did not exist at all as
they did not materialize”, for lack of knowledge to form a sufficient belief as to the truthfulness of the same. The fact that there
was a “Contract for Delivery and Payment of Money” executed between the parties, which even provided for onerous interest
therein, only shows that indeed, both parties believed of the existence of the APECO project, Parties would not have entered
into the said contract, if they did not believe in such project.
That, We specifically deny the allegations in paragraph 4 of the Reply, the fact being that it is stated in their Contract for
Delivery and Payment of Money that the amount borrowed shall be used exclusively for the facilitation of the APECO project.
Complainant is very much aware of the need of the respondents in borrowing the said amount from her. Parties met several
times before the agreement was executed.
That, We deny the allegations in paragraphs 5 and 6 of the Reply, the fact being that the project is located in Aurora,
would only mean that the transportation and representation expenses needed would be substantial, if not, would eat a portion
of the amount borrowed. Respondents were expecting to get a notice of award in one of the APECO project, that’s why several
trips were made to the project site itself. And it never occurred to them that there would be an accounting, as herein
complainant is now demanding, on how the amount was used. To stress, the money was used for this purpose only and not for
any other use.
That, It bears stressing at this point that respondents are still seeking the compassion of the complainant to give them
more time to sort their finances and settle this problem on an easier and more reasonable terms.
That, We are executing this Affidavit to attest to the truth of our foregoing statements, in support of our Joint Counter
Affidavit and to rebut the allegations against us in the Complaint
And Reply.
IN WITNESS WHEREOF, We have hereunto set our hands this 30th day of August 2022 at Paranaque City.
SUBSCRIBED AND SWORN to before me this 30th day of August 2022 in Paranaque City, Philippines.
CERTIFICATION
I hereby certify that I have personally examined the affiants and I am fully convinced that they voluntarily and freely
executed the foregoing Joint Rejoinder-Affidavit and they understood the contents thereof.
Copy furnished:
Complainant
-o0o-
COUNTER AFFIDAVIT
An affidavit made in opposition to one already made; this is allowed in the preliminary examination of some cases.
COUNTER AFFIDAVIT
I, ERICSON A. ACOSTA, of legal age, married, and a resident of 8 th Annapolis, Cubao, Quezon City, after being duly sworn
in accordance with law, hereby depose and state that
That, I am a Freelance Journalist doing research on Human Rights violations and the protection of the environment in
Samar for the Alliance of Concerned Samarenos (ACOS) and the Kapunungan han Gudti nga Parag-uma ha Weste han Samar
(KAPAWA). Copies of some of my Research Works and Articles are hereto attached.
That, On February 13, 2021, having just completed my research task the previous day, I left the village center of
Barangay Bay-ang, San Jorge, Samar at a little past 9 o’clock in the morning, and headed for what the barrio folk call their “port”
– an unmarked quay by the river which was less than an hour’s walk via mountain trail, where a pump boat was scheduled to
pick me up at the said place and bring me to San Jorge town proper.
Technical English 1 and 2 RCS 2023 34
That, I was joined by Vicente Dacles, the Barangay Secretary, and several other residents of Bay-ang who were all going
to town as well for some business.
That, Dacles was at the head of our pack, followed closely by myself, while the rest, who were mostly women and
children, were falling behind by at least a hundred meters.
That, At around 10:00 am, as we were just some 200 meters away from our destination, we caught sight of a platoon of
soldiers who mentioned us (Dacles and myself) to stop. I at once noticed that the soldiers were resting and cooking by the left
side of the trail.
That, One of them approached us alertly and asked where we came from and where we were going. Dacles said that we
came from the village and that a pump boat was waiting or us nearby as we were headed for town.
That, The soldier then inquired if we knew where they could fetch water. Dacles turned around and pointed to an area
somewhere, and gave the soldier brief directions on how to get there. He even added that if it became difficult to locate, the
soldier could just ask the rest of our company who were lagging behind. The soldier then told us to carry on, and so we did.
That, Barely a minute after we had started walking again, another group of soldiers (this time merely a team) had
appeared in front of us. One soldier asked the same questions – where did we come from? Where were we going? Dacles simply
repeated the answers he gave earlier.
That, Dacles also told the soldier that we had already passed through the main body of the platoon and had in fact
given the soldiers there directions where to get drinking water. The soldier told us we can go.
That, just as we were turning our backs to him, the soldier again ordered us to halt. He was intently eyeing the mini-
knapsack that I was carrying. He said: “Ano ‘yang nasa bag mo?”
That, Before I could even reply, the soldier, in brisk movements, had un-slung the knapsack from my shoulders and had
zipped it open. It was my computer notebook and some other complimentary gadgets he found inside my mini-knapsack.
That, The soldier was quite surprised by what he saw. “Nasa bundok ka tapos may laptop ka?” the soldier said.
That, The soldier and his team led us quickly back to where the main body of the platoon was. There the soldiers took
turns doing body search on me. They emptied my pockets and my sling pouch; they checked my sides, ran their hands through
every part of my body and lifted the hem of my shirt up to my neck looking for concealed weapons. They did not find any.
That, One soldier handed me my computer and told me to turn it on. I told them that the batteries had already drained
out. I pressed the power button to show them that the computer won’t boot. But another soldier scolded me for pressing the
button saying that I might have consciously and slyly triggered the computer to self-destruct.
That, In my arrest and continued detention, my constitutional and human rights were violated. To summarize: a. I was
arrested without warrant while not committing any crime or doing anything illegal; 7 b. I was not informed of the reason for my
arrest at the time of my arrest; c. I was denied the right to counsel; d. I was denied a phone call and prevented from contacting
my family or my lawyer; e. O was subjected to prolonged interrogation for 44 hours; f. During tactical interrogation, I was
physically and psychologically tortured; g. I was deprived of sleep, threatened, intimidated, coerced and forced to admit
membership in the NPA; h. The evidence against me, “the grenade”, was planted; i. The complaint against me was filed in court
only after 72 hours and 30 minutes after my arrest; and, j. I was detained in a military camp, which is not of civilian jurisdiction.
55. This Counter Affidavit is being executed to attest to the truth of all the foregoing facts and events and to disclaim all
the accusations against me.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this 11th day of April, 2021 at Calbayog City.
Affiant SUBSCRIBED AND SWORN to before me this 11th day of April, 2011 at Calbayog City. I hereby CERTIFY that I have
personally examined the affiant and that I am satisfied that he has voluntarily executed and understood his Counter-Affidavit..
-o0o-
An affidavit of denial may be submitted to clear one’s name when there are other records bearing the same name with
pending case or derogatory information.
AFFIDAVIT OF DENIAL
Affiant
SUBSCRIBED AND SWORN TO before me this day of in Singapore. Affiant exhibited
to me his Philippine Passport No. , attached as (Annex B).
Service No.:
Doc. No.:
Book No.:
Fee Paid :
O.R No.:
-o0o-
AFFIDAVIT OF UNDERTAKING
It is the main way you present evidence (facts of the case) to a court. It must be sworn, or affirmed, by signing and should be
duly attested/ affirmed.
AFFIDAVIT OF UNDERTAKING
(Survivorship)
I, _, of legal age, Filipino, single/ married/ widow/ widower and a resident of
_, after having been duly sworn to in accordance with law, hereby voluntarily depose and say:
That, I am the of the late who was an employee of the
Commission on Audit (COA) until his/her death on ;
That, we are applying for Survivorship Benefits effective ;
That his/her terminal leave benefits is not sufficient/ has no no terminal leave benefits to cover his/her COA Bill from
the Commission accounting to and load obligations from the
amounting to ;
(Financial Institutions)
That, we will pay his/her obligations to the immediately after receipt of his Survivorship
Benefits from GSIS; and
That I am executing this affidavit to attest to all the above facts.
IN WITNESS THEREOF, I have hereunto signed my name below this day of _, 20 at
.
Affiant
Witness:
________________
NOTARY PUBLIC
AFFIDAVIT OF LOSS
An affidavit of loss is a document declaring the loss of a security usually through theft or destruction. The affidavit contains
all the details regarding the loss, such as the owner’s name and information pertaining to the security. That information may
include a serial number or the security’s date of issue.
AFFIDAVIT OF LOSS
SUBSCRIBED AND SWORN to before me on the date and at the place indicated below. The affiant exhibited to me his
competent evidence of identity as indicated above.
____________________________
NOTARY PUBLIC
Doc No.
Page No.
Book No. I
Series of
-o0o-
Part of a pre-trial process includes getting statements from individuals who are likely to be called to testify in court.
Depositions are intended primarily to find out what the other side knows. Unlike Hollywood trials, real trials did not permit
“surprise evidence”. Depositions are completed during the fact finding or discovery stage, and information that is not
brought forth during this period typically is inadmissible during a trial.
Prior to deposing individuals, attorneys from the plaintiffs will typically submit interrogatories or written questions to the
defendants. The exchange between the plaintiffs in the defense may be ongoing for an extended period of time as
information is obtained. During this questioning, it’s quite often to ask names of those who have specific knowledge
regarding the plaintiff’s case. These individuals are to be identified as accurately as possible by the defense. If the defense
intends to use expert witnesses, an affidavit describing the opinion of the expert is to be provided as part of the discovery
process. This affidavit usually serves as the basis for beginning depositions of the experts.
X x
DEPOSITION OF WITNESS
A:
3. Q: Do you know the premises of _________________________________?
A:
4. Q: Do you have a 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:
5. Q: Do you know who is or who is the person or persons who have or have control of him above described premises?
A:
6. 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
________________________
Judge
-o0o-
Sample Format
JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS
IN WITNESS WHEREOF, WE have hereunto set our hands this ____ day of ____________, 20__ at
_______________________________.
___________________________ ___________________________
Affiant Affiant
__________ No. _____________ __________ No. _____________
Date Issued: _________________ Date Issued: _________________
Expiry Date: ________________ Expiry Date: ________________
SUBSCRIBED AND SWORN to before me in the ___________________ this ____day of _______________, ________ by affiants,
who have satisfactorily proven to me his/her identity through their identifying documents written below their name and
signature, that they are the same persons who personally signed before me the foregoing Joint Affidavit of Two Disinterested
Persons and acknowledged that they executed the same.
NOTARY PUBLIC
JUDICIAL AFFIDAVIT
Importance in Legal Proceedings
A judicial affidavit serves as a crucial substitute for the traditional method of direct examination in court proceedings. It is
designed to make the trial process more efficient by cutting down the time spent on presenting a witness. This written
document contains the questions posed to a witness and the corresponding answers. It must be executed under oath and
should adhere to the format prescribed by law.
1. Identification of Witness: Name, age, residence, and other relevant personal information.
2. Statement of Capacity: Clarification on why the person is a competent witness.
3. Questions and Answers: A sequential arrangement of questions and answers, akin to a direct examination.
4. Attestation Clause: A statement affirming the truthfulness of the contents.
5. Juror's Oath: Confirmation that the affidavit is executed under oath.
6. Attachments: Any supporting documents, exhibits, or evidences.
Legal Requirements
1. Sworn Statement: The affidavit must be a sworn statement executed before a notary public or other persons authorized
to administer oaths.
2. Signatures: It must be signed by the witness, and the lawyer who conducted or supervised the examination.
3. Service to Adverse Party: A copy should be delivered to the adverse party at least three days before the pre-trial or
preliminary conference, unless a different period is provided by the court.
Furnishing false statements in a judicial affidavit can lead to criminal charges such as perjury, and can also have civil
consequences including contempt of court.
Conclusion
The use of judicial affidavits streamlines court proceedings and facilitates the administration of justice. Understanding its
components, legal requirements, and potential implications is crucial for both legal practitioners and those who find
themselves involved in legal cases.
JUDICIAL AFFIDAVIT
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;
[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.
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
Technical English 1 and 2 RCS 2023 40
use “SHABU” in our den for free, provided they will sell our item
“SHABU” and remit the proceeds to the gang every day.
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.
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 ______________________.
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.
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.
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.
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.
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.
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
________________________
Administering Officer
ATTESTATION
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.
________________________
Administering Officer
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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. It may be initiated by a private complainant or a law enforcement agency. During the preliminary
Investigation, the parties are given an opportunity to submit their respective affidavits in support of their claims and
defenses. The process takes place in face-to-face hearings before the public prosecutor. The preliminary investigation may
either lead to the filing of a formal charge in court, known as an information, or the dismissal of the complaint.
Related to:
I.S. No.:
Prosecutor:
Date Filed:
COMPLAINANT/S: RESPONDENTS
1.____________________________________ ____________________________________
Address: ______________________________ Address:_____________________________
2.____________________________________ 2.___________________________________
3.____________________________________ 3.___________________________________
CHARGE:
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 counter-affidavit? ____________(YES OR NO)
3. Are all the above information true and correct ____________________(YES OR NO)
___________________________________
(Signature of complainant or counsel)
TAKE NOTE: Sufficient copies of the affidavit of complainant witnesses and other Supporting document should be submitted.
ACTION TAKEN:
_____________________________________
Investigator 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.
________________________________ _______________________________
Investigating Prosecutor Stenographer
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A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an
application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than
twenty (20) days after the order has been served on all parties.
__________________________,
Plaintiff,
Technical English 1 and 2 RCS 2023 44
-versus-
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
Civil Case No ______________________
FOR: ______________________________
DEFENDANT, assisted by the Public Attorney's Office through the undersigned counsel, most respectfully states that:
That, Defendant was declared to be in default on April 11, 2022 when she failed to file her answer within the reglementary
period. Herein attached as Annex "1" is the said Order.
That, Defendant begs for a reconsideration of the said Order for the reason that she did not receive a copy of the complaint nor
any summons from this Honorable Court regarding the above cited case. She only received on April 23, 2022 a copy of the Order
dated April 11, 2022, already declaring her in default. She immediately sought assistance from the Public Attorney's Office to
avail of any remedies.
That, In the interest of substantial justice and for the reason earlier stated, defendant begs the compassion of this Honorable
Court to admit her attached Answer. Delay in the proceedings of this case was never intended.
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court to set aside the Order of default and to
admit the attached Answer.
ATTY. __________________________________________________
Roll No. _______________,IBP No. _________;________;_________
MCLE Compliance No. ____________;____________
NOTICE OF HEARING
Clerk of Court
METC Branch 61, Makati City
Atty. _________________________________________________
Counsel for Plaintiff
1234 Teresa Street, Makati City
Greetings:
Please submit the foregoing for the consideration and approval of this Honorable Court at the soonest possible time or on
May 17, 2022 at 8:30 in the morning.
Example
Republic of the Philippines
National Capital Judicial Region
Regional Trial Court
Branch 12
THE PETITIONER
That, The Dangerous Drugs Board is a government agency under the Office of the President created pursuant to Section
79, Article IX of RA 9165, otherwise known as “Comprehensive Dangerous Drugs Act of 2002”, with the office address located at
the 3rd Floor, DDB-PDEA Building, NIA Northsite Road, National Government Center, East Triangle, Diliman, Quezon City,
represented herein by its Executive Director, Undersecretary EDGARC. GALVANTE while ___________________________, the
drug dependent subject of this Petition is a Filipino, minor, legal age, single\married with residence and postal address at
____________________________________________________________________;
That, under Section 54 of the Act, all applications for voluntary confinement for treatment and rehabilitation shall be filed with
the Dangerous Drugs Board (DDB) or any of its duly authorized representatives, who, after determining that the applicant is a
drug dependent, shall bring forth the said application of any person determined to be drug dependent on dangerous drugs thru
a petition of the Board to the Regional Trial Court of the province or city where the applicants resides;
That, on ____________________, DDB received the application of _______________________, copy of which is hereto
(Name of Drug Dependent) attached as Annex “A” and upon receipt thereof, issued an Order directing the applicant to undergo
drug dependency examination 9 DDE) to be conducted by any DOH accredited physician;
That, on_______________________, DDB received the result of the drug dependency examination of subject applicant
conducted by_________________________, a DOH accredited physician and a Certification attesting to the fact
that________________________________ is a drug dependent needing immediate confinement for treatment and
rehabilitation at the___________________ located at ( Name of Government Rehabilitation
Center)_______________________________________; (Address of the Rehabilitation Center)
That, pending the issuance by the Court of a Commitment Order, said drug dependent has been placed for temporary
confinement of not more than fifteen (15) days at the________________________ and shall be released therefrom and
committed to the designated rehabilitation center immediately upon receipt of the Commitment Order from the Court hearing
the Petition;
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court (after notice and hearing) that
an Order be issued directing ______________________________________ to be confined for Name of Drug Dependent
treatment and rehabilitation at the_______________________.
QUEZON CITY for__________________________________________, this __________day of _____________________,
2022.
DANGEROUS DRUGS BOARD:
I, _________________________________, Filipino of legal age, the Executive Director \ duly authorized representative
of the Dangerous Drugs Board, after having been duly sworn to in accordance to law, hereby depose and state:
That, I am the Petitioner in this Petition for Voluntary Submission of a drug dependent to confinement, treatment, and
rehabilitation;
That, I caused the preparation and filing of the foregoing Petition and found that all the allegations therein are true and
correct according to my own knowledge and belief;
That, I hereby certify that I have not commenced any action involving the same issue before any Court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no such action or claim is pending therein, If I hereafter learned that the
same or similar action or claim has been filed or pending therein, I undertake to inform this Honorable Court of said fact within
five (5) days therefrom.
________________________
Affiant \ Petitioner
SUBSCRIBED and sworn to before me this _____ day of ____________, _______ in ____________________________,
affiant \ petitioner exhibited to me his\her Community Tax Certificate No. ____________, issued on ______________________
at __________________________________.
_____________________________
Notary Public
Doc. No. _____
Book No. _____
Page No. _____
Series of 2007
NOTE: In case of compulsory confinement, the family member of a drug dependent must execute an affidavit indicating that
they are submitting the alleged drug dependent for treatment and rehabilitation. DDB will prepare a petition for confinement
and file the same with RTC. Sep 17, 2022
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Sample Format
ANNEX “B”
THE HONORABLE
Undersecretary EARL P. SAAVEDRA
Executive Director
Dangerous Drugs Board
3rd Flr., DDB-PDEA Bldg., NIA Northsite
Road, National Govt. Center, Brgy., Pinyahan,
Quezon City
SUBJECT: APPLICATION FOR VOLUNTARY CONFINEMENT FOR TREATMENT AND REHABILITATION THRU REPRESENTATION
SIR:
I am _______________________________________________, of legal age, Filipino and
(Name of applicant-representative)
resident of ___________________________________________and ________________________________
(Complete address) (relation to drug dependent)
of ______________________, _____ years old and resident of _____________________________.
(name of drug dependent)
The said ______________________ is a victim of drug abuse, using _______________, and, for and in his\her behalf, I wish to
voluntarily submit him\her for confinement for treatment and rehabilitation at the ________________
pursuant to Section 54, R.A. 9165, otherwise known as The Comprehensive Dangerous Act of 2002 and Dangerous Drugs Board
Regulation No. 3, S. 2007. This is his\her____ time to apply for voluntary confinement, either personally or thru representation.
For the Board’s favorable consideration.
______________________________
Name and Signature of Applicant-
Representative
Technical English 1 and 2 RCS 2023 47
Conforme:
__________________________________
Name and Signature of Drug Dependent
VERIFICATION
I, ________________________________________, of legal age, Filipino, and with residence and postal address
at_________________________________________________, after having been duly sworn to in accordance with law, hereby
depose and state:
1. That I am the applicant for the voluntary confinement for treatment and rehabilitation of
______________________________________________________ under Section 54, RA 9165, otherwise known as
The Comprehensive Dangerous Drugs Act of 2002 and Board Regulation No. 3, Series of 2007
2. That I have read and fully understood the contents of the application, finding them true and correct
according to my own knowledge, information, and belief.;
_________________________
Name and Signature of Affiant
NOTARY PUBLIC
Doc. No. _____
Page No. _____
Book No. _____
Series of 2019
APPROVED \ DISAPPROVED:
_______________________
Atty. DANIEL A. ADEVA III
Duly Authorized DDB Representative
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DEFINITION OF TERMS
After operation report - it is a report that may be rendered after any successful police operation that leads to the arrest of any
member or some members of syndicated crime group.
After SOCO report - it is a report rendered by the team leader of the SOCO that conducted the scene of the crime operations,
processing or investigation.
Agents report - it is a report rendered by a documented agent who answers an intelligence requirement.
Agreement - Proposal. A proposal remains an offer even if not answered and irrespective of the length of time that has passed.
It only becomes an agreement when accepted by the other party.(PNP definition).
Agreement - Proposal. A proposal remains an offer even if not answered and irrespective of the length of time that has passed.
It only becomes an agreement when accepted by the other party.(PNP definition).
Attestation - in law is the act of authenticating a formal document by witnessing it being signed and then also signing it to verify
its legitimacy.
Book of account - a book containing charges and showing a continuous dealing with persons generally. To be admissible in
evidence, it must be kept as an account book and the charges made in the usual course of business.
Case officer - the person responsible for and in charge of the investigation of the case.
Concepts - can be based on real phenomena and are a generalized idea of something of meaning. Examples of concepts include
common demographic measures: Income, Age, Eduction Level, Number of SIblings.
Crime Clearance Efficiency - means the number of crimes considered solved because the suspects have been identified and
charged but they remain at large.
Crime Clearance Efficiency - means the number of crimes considered solved because the suspects have been identified and
charged but they remain at large.
Crime Incidence - the number of crimes reported as index or non index crimes within a given period.
Crime Rate - the measure that gives an index of crime occurring in a particular jurisdiction for a specific time period.
Crime Solution Efficiency - means the number of crimes solved after the arrest of the suspects and filing of charges against them.
Crime Trend - represents the percentage change in crime based on data reported in a prior equivalent period.
Crime Volume - is a basic indicator of the frequency of known criminal activity. It represents the number of reported offenses.
Deponent - An individual whose deposition, or sworn out-of-court testimony, is taken during the discovery process. A similar
and sometimes interchangeable term is an affiant, someone who also swears to a declaration of written facts, which is called an
affidavit.
Deposition - A deposition 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."
DO - Desk Officer.
Incident Report - Similar to Police Reports, an Incident Report is a victims statement regarding a crime. Often bank statements,
letters and other supporting documents are included. These reports are generally not investigated and are for insurance
purposes or businesses requesting a police report.
Index Crime - are very serious crimes that happen frequently or regularly that they can serve as index of the crime situation.
Index Crime is basically anything that is physically pursued by the person committing the crime while non index crimes consists
of non physical confrontation.
Non Index Crime - refers to all crime not classified as index crime. These crimes are mostly victimless.
Online Police Report - Many states offer the option to file an incident report online. Make sure you make a copy and keep any
confirmation numbers for your records. These may or may not be reviewed by an officer or investigated. Generally this option
does not allow documents to be submitted. Follow up with supporting documents with your police department.
Patmn – Patrolman.
Patwmn – Patrolwoman.
Police blotter - a record or log where all types of operational and under cover dispatches shall be recorded containing the 5 "W"
and 1 "H"(Who, What, Where, When, Why, and How of an information.
Police blotter - a record or log where all types of operational and under cover dispatches shall be recorded containing the 5 "W"
and 1 "H"(Who, What, Where, When, Why, and How of an information; It is a record of daily events occurring within the
territories /jurisdiction of a given police unit or office.
Police Report - Basically a police report is a description of facts detailing a crime written up by the officer or representative of a
police department who was deployed to the scene. A well-drafted report is an important tool in solving a crime. It's important to
make sure your report is detailed, factual and specific to what happened. Police reports also require an investigation follow up.
Generally by a detective. However that is not a guarantee your case will be investigated; Police Report - report made by the
police containing the initial statement made by the victim at the time she or he reported the crime. A police report consists of a
testament, specific details of the event and names of people involved.
R.A. No. 4200 - AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES.
S.S. - is the abbreviation for “scilicet” – a Latin term meaning “namely” or “in particular.” It is the predecessor of today's
familiar, and required,
Senning, Daniel Post - spokesperson for the Emily Post Institute and author of Emily Post’s Manners in a Digital World: Living
Well Online, helps you mind your texting Ps and Qs with these essential tips.
Spot report - refers to an immediate initial investigative or incident report addressed to higher headquarters pertaining to the
commission of the crime, occurrence of natural or man-made disaster or unusual incidents involving loss of lives and damage of
properties.
Summary of information (SOI) - an intelligence report rendered regarding any illegal activity or violation of laws being observed
by intelligence operatives within a given area of responsibility. This is the usual basis of case operations hence, information
received should be cared, validated, countered checked, analyzed and evaluated.
Tactical interrogation report - the report rendered by an interrogator which contain the following information: 1. Personal and
family background 2. Educational background 3. Professional background 4. Criminal activities, associates/armaments 5. Plans
REFERENCES
Fernando, Jovita N., et. al. (1973). College Freshman English. National Bookstore, Inc. (pages 4-7)
Professional Regulatory Board for Criminologists (2021). CRIMINAL LAW and JURISPRUDENCE (CLJ). BOARD EXAMINATION
SUBJECT. Exam Weight – 20%. SUMMARY OF TOPICS, ITEM and PERCENTEAGE DISTRIBUTION.
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