1. What is an affidavit?

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. http://www.philippinelegalforms.com
=is a sworn declaration of facts known to a declarant or affiant.
 Elements of writing an affidavit

The basic form for an affidavit has four parts:

1. A statement that the affiant is swearing under oath to the truthfulness of the information contained
in the affidavit.
2. The information that is being sworn to.
3. The signature of the affiant.
4. The attestation of a notary public or other official authorized to administer oaths.

Parts of an affidavit writing (VeTiPe-OSta-SiJu)

1. Venue of execution Person’s bonafides

Scilicet- 3. Oath
4. Statement
Latin word scilicet which means in
5. Signature
particular, to wit, or namely.
6. Jurat
2. Title

 Legal implications of affidavit

Signing Implications
Think of an affidavit as a transcripted form of swearing under oath to be truthful, like testifying in
court. Declarations made in this document are legally binding. Akin to lying under oath, you are
subject to legal repercussions for falsifying information in an affidavit. https://www.signnow.com

 Legal consequences of false affidavit and untruthful facts in an affidavit.

A false affidavit is one in which a person signs it and swears that the statements attested to in the
document are true, complete, and accurate when the statements are in fact misleading or false.
Submitting a false affidavit is a criminal offense and constitutes perjury in most jurisdictions.

2. Affidavit of arresting officers - any crime/s

RULE 113
Section 1. Definition of arrest. — Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense. (1)

Section 2. Arrest; how made. — An arrest is made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a
greater restraint than is necessary for his detention. (2a)

Section 3. Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest the
accused and to deliver him to the nearest police station or jail without unnecessary delay. (3a)

Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after
the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge
who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (4a)

Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant,
arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;

(b) When an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he
is serving final judgment or is temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule
112. (5a)

Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the day or night. (6)

Section 7. Method of arrest by officer by virtue of warrant. — When making an arrest by virtue of a warrant, the
officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been
issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him,
or when the giving of such information will imperil the arrest. The officer need not have the warrant in his
possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be
shown to him as soon as practicable. (7a)

Section 8. Method of arrest by officer without warrant. — When making an arrest without a warrant, the officer
shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees or
forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will
imperil the arrest. (8a)

Section 9. Method of arrest by private person. — When making an arrest, a private person shall inform the
person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either engaged in
the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly
resists before the person making the arrest has opportunity to so inform him, or when the giving of such
information will imperil the arrest. (9a)

Section 10. Officer may summon assistance. — An officer making a lawful arrest may orally summon as many
persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer
shall assist him in effecting the arrest when he can render such assistance without detriment to himself. (10a)

Section 11. Right of officer to break into building or enclosure. — An officer, in order to make an arrest either by
virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure
where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose. (11a)
 Section 12. Right to break out from building or enclosure. — Whenever an officer has entered the building or
enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate
himself. (12a)

Section 13. Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at any time and in any place within the Philippines. (13)

Section 14. Right of attorney or relative to visit person arrested. — Any member of the Philippine Bar shall, at
the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately
with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable
regulations, a relative of the person arrested can also exercise the same right. (14a)

3. Affidavit of complaint - any crime/s or admin. Case

Complaint defined. — A complaint is a sworn written statement charging a person with an offense, subscribed by
the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. (rules
on Criminal Procedure)

A complaint affidavit is a sworn statement prepared by someone who wishes to file a legal complaint.
https://www.mylawquestions.com
A criminal case is a lawsuit brought by the state against a person who has broken a criminal law.
http://www.courts.ca.gov
ADMINISTRATIVE CASE - an administrative proceeding instituted against an officer or employee for an
act or omission punishable under Civil Service Laws, the 1987 Revised Administrative Code, Republic Act
(RA) 67132, and/or other laws pertaining to public officers and employees. http://www.dswd.gov.ph

Forum shopping refers to the practice of choosing the court or jurisdiction that has the most favorable
rules or laws for the position being advocated. A party can forum shop when more than one court has
jurisdiction over the dispute, choosing the court that gives it an advantage over the opposing party.
https://www.wiley.law
A certificate or statement of nom-forum shopping is a requirement to the complainant since he was the one
who initiated the pleading and not by the respondent. https://csc.gov.ph

4. Affidavit of witness - any crime/s or admin. Case

What is an affidavit of witness?

These affidavits shall serve as direct testimonies of the accused and his witnesses when
they appear before the court to testify. https://lawphil.net

SEC. 20. Witnesses; their qualifications. – Except as provided in the next succeeding
section, all persons who can perceive, and perceiving, can make known their perception
to others, may be witnesses. Religious or political belief, interest in the outcome of
the case, or conviction of a crime unless otherwise provided by law, shall not be a
ground for disqualification. (rules on evidence)

5. Application of search warrant – applicable crime/s

RULE 126
Search and Seizure

Section 1. Search warrant defined. — A search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court. (1)

Section 2. Court where application for search warrant shall be filed. — An application for search warrant shall be filed
with the following:

a) Any court within whose territorial jurisdiction a crime was committed.

b) For compelling reasons stated in the application, any court within the judicial region where the crime was committed
if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be
enforced.

However, if the criminal action has already been filed, the application shall only be made in the court where the criminal
action is pending. (n)

Section 3. Personal property to be seized. — A search warrant may be issued for the search and seizure of personal
property:(a) Subject of the offense;(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense. (2a)

Section 4. Requisites for issuing search warrant. — A search warrant shall not issue except upon probable cause in
connection with one specific offense to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched
and the things to be seized which may be anywhere in the Philippines. (3a)

Section 5. Examination of complainant; record. — The judge must, before issuing the warrant, personally examine in the
form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce
on facts personally known to them and attach to the record their sworn statements, together with the affidavits
submitted. (4a)

Section 6. Issuance and form of search warrant. — If the judge is satisfied of the existence of facts upon which the
application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be
substantially in the form prescribed by these Rules. (5a)

Section 7. Right to break door or window to effect search. — The officer, if refused admittance to the place of directed
search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or
any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him
when unlawfully detained therein. (6)

Section 8. Search of house, room, or premise to be made in presence of two witnesses. — No search of a house, room,
or any other premise shall be made except in the presence of the lawful occupant thereof or any member of his family
or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. (7a)

Section 9. Time of making search. — The warrant must direct that it be served in the day time, unless the affidavit
asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be
inserted that it be served at any time of the day or night. (8)

Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from its date. Thereafter it
shall be void. (9a)

Section 11. Receipt for the property seized. — The officer seizing property under the warrant must give a detailed
receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in
the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in
the same locality, leave a receipt in the place in which he found the seized property. (10a)
Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. — (a) The officer must
forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly
verified under oath.

(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and
if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made.
If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complained with and
shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been
complied with.

(c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who
shall enter therein the date of the return, the result, and other actions of the judge.

A violation of this section shall constitute contempt of court.(11a)

Section 13. Search incident to lawful arrest. — A person lawfully arrested may be searched for dangerous weapons or
anything which may have been used or constitute proof in the commission of an offense without a search warrant. (12a)

Section 14. Motion to quash a search warrant or to suppress evidence; where to file. — A motion to quash a search
warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the
action has been instituted. If no criminal action has been instituted, the motion may be filed in and resolved by the court
that issued the search warrant. However, if such court failed to resolve the motion and a criminal case is subsequent
filed in another court, the motion shall be resolved by the latter court. (n)

6. Application/petition to wiretapping – crimes under terrorism law

REPUBLIC ACT No. 4200
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES.
A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence. It is a
remedy available to the defendant, to the effect that the evidence produced by the plaintiff is insufficient
in point of law, whether true or not, to make out a case or sustain an issue.
7. Complaint – any crime/s
8. Affidavit of desistance – any crime/s
An Affidavit of Desistance is a written statement under oath by the complainant stating that he/she
is no longer interested in pursuing the complaint or criminal case against another person. The
Affidavit of Desistance is filed before the office or court where the complaint is pending or being
investigated. https://www.legaltree.ph
9. Reply affidavit – any crime/s or admin. Case
10. Rejoinder affidavit – any crime/s or admin. Case
11. Counter affidavit – any crime/s or admin. Case
12. Affidavit of denial for NBI Clearance
13. Affidavit of undertaking
14. Affidavit of loss
15. Deposition of witness
16. Memo for preliminary investigation
17. Motion for reconsideration – admin case
18. Notice of appeal – admin. Case
19. Commitment order
20. Petition/Application for Compulsory Confinement for Drug dependent
21. Application for Voluntary Confinement for Drug dependent thru representation
22. Other legal form related to Law Enforcement.