CHAPTER 7

SWORN STATEMENTS
Sworn statements or affidavits constitute a legal document for court proceedings and record of all the
facts and circumstances pertaining incident or event. The police use them to record the testimony made
by the victim, suspect and witnesses. They require few simple details, thus can be made without the need
for extensive legal knowledge. It narrates the fact that pertain to incident or event. They also forms part
of the direct evidence submitted to the court, and which are subjected to direct, re direct, cross and re-
cross examinations of all the litigants of the case.

What is a Sworn Statements?

This refers to the written statement of an assertion, facts circumstances relative to an incident that takes place
on a given time, date and place: serves as evidence to the veracity of facts and information and is required for
court proceedings. It is given under oath or affirmation, and administered by person authorized by the law to do
so, wherein the person in making or executing it can be held liable for the crime of perjury. In some de instances,
others call it "affidavit."

Types of Sworn Statements

Basically, there are two types of sworn statements used in cour proceedings. They can be made in several copies
to meet the needs an requirements of the litigations, and are as follows:

1. Question and Answer

The question and answer format is usually used by the investigator in taking the statement of the victim
or suspect. It can be in the form of an interview or interrogation wherein the purpose is to establish facts
and circumstances relative to the case under investigation. It is also being taken by the investigator by
asking questions to either the victim of the suspect, and requires an answer in each of the question asked
for. The sworn statement in question and answer format of the victim or suspect must be complete,
organized and contains the necessary details satisfying the elements of a crime. Moreover, its contents
are crucial in the prosecution of a case. Again, the sequence of questioning must logically follow the
essential elements of information, using the 5Ws and IH in the conduct of either interview or
interrogation.

2. Affidavit in Narrative
An affidavit in narrative format is "an oath in writing" which certifies detailed statement. The affiant
completing the affidavit puts the knowledge statement at the beginning of the affidavit. The knowledge
statement must name the parties involved in the case. It must also contain factual information within the
scope of personal knowledge of the person certifying, or signing, the sworn statement.
The affidavit should be clear, concise, detailed and written in the first nation person point of view. It
must include date, time and any other items relevant to the case. It is a formal legal document that can
show credibility the pers in court when used as evidence of someone's knowledge. The term is y. In so
derived from the Latin word meaning, "he has made an oath." The person making the statement is
referred to as the affiant or deponent.

Parts of Question and Answer

There are two types of question and answer form: (1) for the suspect, and (2) for the victims. However,
they are basically the same, except for the legal requirements in the first, which are as follows:
1. Title- This portion contains the complete name of the victim or the suspect together with the complete name of
the police investigator and the thing party witness during the taking of the sworn statement. Also included is the
name and location of the police office, together with the date and time the sworn statement was taken.

2. Preliminaries- This explains in brief the rights of a person under custodia investigation, i.e., the right to remain
silent and the right to a lawyer. The investigator taking the statement must also explain to the suspect the
implications of such rights. Also included are the waiver of rights, and the signature of the affiant, together with the
signature of the assisting lawyer.

3. Body- The body of the sworn statement includes the affiant's name and the personal circumstances, followed by
the six basic questions, purposely to establish the important facts and surrounding circumstances of the case under
investigation. Concluding it is the question whether the affiant understands and is willing to sign the sworn
statement.

4. Certification- By signing the sworn statement in question and answer form, the suspect or victim certifies the
statement as true in its entirety. It is a sworn oath made in front of a person authorized by law to administer an
oath court officials, lawyer or notary public, who can also attest to the victim or suspect's identity. This part
includes the victim's or suspect's signature.

5. Administering Clause- This contains the name and signature of the administering office including the rank and
designation, in case of a police officer who sworn the affiant, and he is satisfied that the affiant has voluntarily
executed and understood his or her statement.

Parts of an Affidavit in Narrative

Various types of sworn statements in narrative form or affidavit exist. Generally, they must contain the
following essential features to be admissible in court:
1.SLICET
It is the place where the affidavit was executed. This can be placed rights, and the either at the start of
the affidavit or before the administering clause. It can sisting lawyer be simply stated. For example,
Republic of the Philippines. Province of Nueva Ecija, and Municipality of Santa Rosa, in three separate
lines, at the left upper most portion of the paper.
2. PRELIMINARIES
This presents the affiant's name and other personal circumstances, her the affiant including the office
where he works and designation or residence address. This also includes a statement that the affiant,
after having been sworn on oath has voluntary executed and stated the facts and circumstances that can
be found in the body of the affidavit.
3. BODY
The body of the sworn statement in narrative form or affidavit explains the facts relevant to the case in
clear, simple language. Facts should be organized according to specific dates and presented in concise,
chronological order. The body should be written in the first person and should not include opinionated or
emotional statements.
4. Certification
By signing the sworn statement in narrative form or in affidavit, the affiant certifies that the statement
is true in its entirety. It is a sworn oath made in front of a person authorized by law to administer oath,
court officials, lawyer or notary public, who can also attest to the affiant' identity. This part also includes
the affiant's signature.
6. Jurat
The Jurat is a legal French term derived from Latin juratum, meaning "sworn," from jurare, "to swear."
Administering clause is the name given to the clause of the sworn statement showing when, where, and
before whom the actual oath was sworn or affirmation was made. In addition, the word can refer to the
sworn holders of certain offices.
How to Make Sworn Statements

Hereunder are some of the instructions to guide the police officer in taking the sworn statement:
1. Write the title of the sworn statement in capital letters which reads Sworn Statement of name of the
affiant. It must be followed by the names of the investigator and the third party witness, to include the
name of police office and address, and the date and time of taking the sworn statement.
2. Usually the first question to be asked is: "Are you ready to give free and voluntary statement?"
followed by asking the affiant's name an other personal circumstances and other information. Thereafter,
asking the affiant the question: "Do you know the reason why you are here?" preferable to put him on a
defensive stance.
3. Ask the chronological account or logical sequence of the event incident. Written in the first person,
using phrases like, "I saw" and." heard, etc. for example, is highly suggested. Provide as much information
or putting answers to the affiant's mouth.
4. At the end, the investigator has to state that he has nothing to ask present, and ask the affiant whether
he has anything to add to the statement. Also asked the affiant whether he is willing to sign the
statement, and affirm under oath to the truthfulness of the same. In this, the affiant's answer must be in
his own handwriting.
5. Have all the pages of the sworn statement signed and certified by the affiant, and thereafter
administered by the police executive or the duly authorized representative. The affiant and lawyer who
are present during the investigation have to be requested to sign the preliminaries containing the waiver
of rights of the suspect.

Purpose of Sworn Statements

A sworn statement is a document that recites facts pertinent to criminal proceedings. In court
proceedings, generally, facts that rely upon an individual's memory or knowledge are most reliably
proven by having the person give testimony in court, and then appear in person before a judge at a time
and place known to other interested persons, swear that his reads, testimony will be true, and can be
cross-examined by the opposing parties.
One drawback in the use of a sworn statement is that, while the protection of liability for perjury is
retained, the recantation of the statement made by affiant is possible. In this, the investigator taking the
statement must apply some methodologies to show proof that the affiant give a has voluntary and freely
made his statement, and nobody has forced or promised him favor or reward.
Another reminder for the police officer is to make sure that the text of the statement precisely matches
the affiant's recollection or the witness declaration and any later testimony turn out to be quite
significant. may be subjected to impeachment at trial if the discrepancies between the Another drawback
of the police officer taking the statement is the Conservative nature of the rule on evidence.
Sworn statements serve the purpose of documentary evidence in criminal proceedings, and this can
also be used during the conduct of preliminary investigation by the fiscal to determine whether there is
prima facie evidence to warrant the filing of information to the court.
Seat Work No. 5: Preparing the Sworn Statement of Suspect

Situation:
In relation to the stabbing incident which transpired on January 4 2010, more or less 8:00
in the morning, at Brgy. Supermarket, Cabanatuan City, the suspect identified as one (1)
Pedro Cruz y Sanchez alias Peter, male, single, 20 years old, tricycle driver, and presently
residing at Brgy. Bonifacio, Cabanatuan City was arrested by the responding police officers
and subsequently turned-over to the custody of the police station, and was immediately
investigated on the same date, more or less 10:00 in the morning in the presence of PO3
Marius S. Gatchalian PNP.
During the conduct of investigation, the suspect stated his name and other personal
circumstances, and also stated that he has completed his primary education at Lazaro
Francisco Elementary School on SY: 2000 2001, and his secondary education at Nueva Ecija
HS on SY: 2004-2005, both in Cabanatuan City. The suspect after being asked of the reason
why he is being investigated affirmatively answered that he was involved in stabbing
incident wherein the victim was one Jose Santos alias Joe.
The suspect likewise narrated during the conduct of the said investigation the following
facts: that he has stabbed the victim at the chest and abdomen by using a six (6) inches
kitchen knife while waiting for a tricycle ride at the above stated date, time and place. The
motive stated by the subject person in performing the said overt act is due to heated
altercation arising out of agricultural land dispute located at Brgy Sta. Aracadia,
Cabanatuan City; wherein both of them were involved.
INSTRUCTION
Prepare a sworn statement of the suspect in question and answe format with the
assistance of ATTY. PEDRO S. MADLANGBAYAN and to be administered by Police
Superintendent JUAN S. DELA CRU Strictly follow the hereunder format, and which is in
accordance with th provision of Section 12, Article III, NPC of 1987, and the provision R.A.
No. 7438.

Seat Work No. 6: Preparing the Sworn Statement of Victim

Situation:
On January 4, 2013, more or less 9:00 in the morning, the Investigator on-Case proceeded
to Paulino J. Garcia Memorial Medical and Research Center, Cabanatuan City to interview
the victim of the recently reported stabbing incident in the presence of Mr. Carlos G.
Santos. During the interview, the victim stated his name and other personal
circumstances, as one (1) Jose Santos y Medina alias Joe, male, 22 years old, married,
market vendor and presently residing at Brgy. Sta Arcadia, Cabanatuan City, and when
asked of the reason why he is confined in the said hospital further stated that he is a
victim of a stabbing incident.
The victim likewise narrated during the conduct of the said interview the following
additional facts: that on January 4, 2010, more or less 8:00 in the morning, at Brgy.
Supermarket, Cabanatuan City, while he was waiting for a tricycle ride at the said place,
and for unknown reason, he was stabbed at the chest and abdomen by the suspect
identified as one (1) Pedro Cruz y Sanchez alias Peter, male, single, 20 years old, tricycle
driver, and presently residing at Brgy. Bonifacio, Cabanatuan City.
The victim when asked about the motive why he was stabbed by the suspect, answered
negatively, further stated that all he knew is that he and the suspect have engaged in a
heated altercation arising out of disputes involving an agricultural land located at Brgy.
Sta. Arcadia, Cabanatuan City. At the conclusion of the conduct of interview, the victim
also stated that he has nothing to say for the meantime, and if other facts were
overlooked relative with the said incident he will just narrate them in an open court.
Instruction: Prepare a sworn statement in question and answer format to be administered
by POLICE SUPERINTENDENT JUAN S. DELA CRUZ (DSC), Chief of Police, Cabanatuan City
Police Station, Cabanatuan City hand written and typewritten. Follow the hereunder
format. The format has minor variations as compared with the sworn statement of
suspect.

Seat Work No. 7: Preparing the Joint Affidavit of Witnesses

Situation:
The witnesses, identified as one (1) Pedro Santos y Dela Cruz, male, married, 25 years old,
tricycle driver, and presently residing at Brgy. Magsaysay Norte, Cabanatuan City, and one
(1) Marvin Cruz y Santiago, male, single, 21 years old, jobless and presently residing at
Brgy. Mabini Extn., Cabanatuan City have executed their joint affidavit relative to the
stabbing incident under investigation.
Facts of the Case:
The witnesses during the conduct of investigation have narrated that, they have witnessed
the stabbing incident that transpired on or about January 4, 2010, more or less 8:00 in the
morning at Brgy. Supermarket, Cabanatuan City.
The witnesses have also narrated that, on the said date and time, while they were on the
same place, a commotion has called their attention and upon verification they found out
that the victim identified as one (1) Jose Santos alias Joe was stabbed by the suspect
identified as one (1) Pedro Cruz alias Peter using a fan blade.
The witnesses likewise narrated that they both personally know the above named victim
and suspect, considering the fact that both the subject persons were used to be at the
same place, the former as side-walk vendor, and the latter as tricycle driver, waiting
passengers for a ride, within the vicinity of the public marker. The witnesses have
subscribed and sworn the said affidavit on the 4th day of January 2010, in Cabanatuan
City.
Instruction:
Prepare a sworn statement of the witnesses in narrative format in relative to the above
incident: hand written and typewritten, and to be administered by POLICE
SUPERINTENDENT JUAN S. DELA CRUZ (DSC), Chief of Police, Cabanatuan City Police
Station, Cabanatuan City. Follow the hereunder format.