Preparation of Investigation Reports and Affidavits

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PREPARATION OF

INVESTIGATION REPORTS
AND AFFIDAVITS
Preparation of Investigation Reports
INCIDENT

INSTRUCTIONS/
SPECIAL ORDER
INVESTIGATION/
FIELD WORK
Preparation of
Investigation Report
THINGS TO WATCH OUT FOR

• Keep your language simple and straightforward.

• Avoid jargon and pomposity – professional jargon is not necessarily


wrong but keep in mind that not everyone will be able to
understand the terms that you are using.
THINGS TO WATCH OUT FOR

• Use the active voice.

• Active voice means that a sentence has a subject that acts upon
its verb. Passive voice means that a subject is a recipient of a
verb’s action.
THINGS TO WATCH OUT FOR

• ACTIVE VOICE
• The respondent set the field on fire.
• The accused demolished the building owned by the government.
• The forest guards chased the tree cutters.

• PASSIVE VOICE
• The field was set on fire by the respondent.
• The building owned by the government was demolished by the accused.
• The tree cutters were chased by the forest guards.
THINGS TO WATCH OUT FOR

• Break your sentences.

• Keep your sentences short. Avoid using sentences that look like
paragraphs.

• Try to let other people read your report.


STRUCTURE

• Investigation reports must have a clear and logical structure.

• Once you have all the relevant facts, you should have a clear
understanding of the incident and a set recommendation.
STRUCTURE

1) Introduction
2) Summary of Facts
3) Discussion
4) Conclusions and Recommendations
5) Attachments
Introduction

• Brief statement of the incident


• Special Order
• Instructions
• Members of the Investigating Team
• Rationale
Summary of Facts

• Who was involved in the incident?


• What actually happened?
• When it happened?
• Where it happened?
Discussion

• Comments
• Observations
• Legal Basis
• Law
• Jurisprudence
Conclusions and Recommendations

• List down your recommendations


• Actions to be done
• Further assistance
• Further investigation
Attachments

• Special Order
• Pictures
• Minutes of the meeting
• Affidavit of witnesses
• Other pertinent documents
Preparation of Affidavits
Format

• Margins
1.2 in.

Font Size 14

1.5 in. 1 in.

1 in.
Header

Republic of the Philippines)


_______________________) S.S.

S.S. / S.C. – Scilicet

The header refers to the venue where the affidavit was executed. It
also indicates the jurisdiction within which the notary public may
administer oaths.
Header
Republic of the Philippines
Department of Justice
Office of the City Prosecutor
Baguio City

Chris P. Bacon,
Private Complainant, For: Violation of Section 78, PD 705

-versus-

Girlie B. Dimagiba,
Respondent.
Title

• Complaint-Affidavit
• Affidavit of Witness
• Reply-Affidavit
• Affidavit of Desistance
• Affidavit of Loss
• Waiver and Quitclaim
Statement of Identity

• I am Juan Dela Cruz, of legal age, single, Filipino citizen and with
office address at the DENR CAR Regional Office, DENR Compound,
Gibraltar, under oath, state that:

• I am Juan Dela Cruz, of legal age, single, Filipino citizen and with
office address at the DENR CAR Regional Office, DENR Compound,
Gibraltar, after having been duly sworn to in accordance with law
hereby depose and state that:
Body

• This part contains the facts and the narrations the affiant wishes
to put in his/her affidavit.

• Make a clear and sequential statement of facts.

• Narration of what transpired as witnessed by the affiant.


Body (Complaint-Affidavit)

1) The ultimate and material facts

2) The charges that the private complainants would like to file


Body (Complaint-Affidavit)

• The term “ultimate facts” has been defined as "those facts which
the expected evidence will support.”

• Ultimate facts are important and substantial facts which either


directly form the basis of the primary right and duty, or which
directly make up the wrongful acts or omissions of the defendant.

• Evidentiary Facts –statements that support or enrich the ultimate


facts
Body (Complaint-Affidavit)

• Start with your occupation/designation and your functions and


duties.

• Name the person/s you are accusing and the law they violated.

• Include the personal circumstances of the accused.


Body (Complaint-Affidavit)

• Sequential and coherent narration of the events

• Make sure to be mindful of the elements of the charge you are


filing against the accused.

• Allege all the elements pertaining to the crime that you are
attributing to the accused.
Body (Complaint-Affidavit)

Elements of Violation of Section 78 of PD 705 (Unlawful Occupation)

(a) That a person enters, occupies or possesses forest land or grazing


land;

(b) That said person did so for their private use;

(c) That the acts were done without authority under a license
agreement, lease, license or permit.
Body (Complaint-Affidavit)

• As much as possible, all the allegations should come from your


personal knowledge.

• If the facts do not come from your personal knowledge. Interview


witnesses and attach their affidavits.

• Otherwise, all your allegations would be hearsay evidence.


Body (Complaint-Affidavit)

• Attach the evidence to prove your case.

“Attached as Annex “A” is a copy of the Investigation Report


prepared by For. Juan Dela Cruz”

a) Include in sentences
b) Footnotes
Body (Complaint-Affidavit)

• The charges that the private complainants would like to file

• Discuss why such charge should be filed


• Elements
Closing Statement

• We are executing this affidavit to attest to the truth of the


foregoing and to support the filing of a case for violation of
Section 78 of P.D 705, as amended against Jimmy Cruz.

• I hereby attest to the truthfulness of all the foregoing and I am


executing this affidavit for all legal intents and purposes it may
serve.
Attestation

Further Affiant sayeth none. Done this ____ day of March 2021 in
the City of Baguio, Philippines.

JIIMMY CRUZ
Affiant Witness
Attestation

IN WITNESS WHEREOF, we have hereunto set our hands this ______________________ at La


Trinidad, Benguet.

JAYSON S. BANDA-AY REY P. GABINO


Affiant Affiant
BFP ID NO. B10001 BFP ID NO. G1004
Date Issued: July 1, 2018 Date Issued: April 15, 2016
Exp Date: July 9, 2021 Exp Date: December 3, 2019
Jurat

• SUBSCRIBED AND SWORN TO BEFORE ME at the place and date


above written.

ADMINISTERING OFFICER
Jurat

• SUBSCRIBED AND SWORN to before me, this _____ day of March


2019 at Baguio City, Philippines by the Affiant who is identified by
competent evidence of identity permissible and required under
the Rules of Notarial Practice, as stated under his name and
signature, personally known to me to be the same person who
executed the foregoing Affidavit.
Filing

• Submit the complaint-affidavit with all the attachments to the Office of the
City/Provincial Prosecutor.

• Make sure to submit the original documents and mark the pleading where
they are attached as “ORIGINAL”

• The prosecutor will get three copies. Make sure to also prepare copies for the
respondents. Each respondent gets a copy.

• Keep a file copy.


Filing

• Once the respondent receives a copy of the subpoena, he/she can


file a Counter-Affidavit.

• You may file a Reply-Affidavit if you wish to rebut the allegations


of the respondent.
THANK YOU

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