LEGAL FORMS

Legal Forms
• Legal form is a prototype of an instrument to be
employed in a legal transaction or a judicial proceeding
that includes the primary essential matters, the
appropriate technical phrases or terms, and any
additional material required to render it officially
accurate, arranged in suitable and systematic order, and
conducive to adaptation to the circumstances of the
particular case
Technical English 1
(Legal Forms)

Mary Grace G. Escabel

Classification of Legal Forms
Business Forms
• Business Forms are used in the conveyance,or of the
forms of deeds, instruments or documents creating,
transferring, modifying or limiting rights to real as
well as personal properties, and other forms related
to business contracts or transactions
Judicial Forms
• Judicial Forms refer to forms which pertain to
different kinds of pleadings, applications, petitions,
affidavits, motions, and the like
Criminal Action
• Criminal Action is the procedure by which a person
accused of committing a crime is charged, brought to
trial, and judged
Sworn Statements / Sworn Declaration
• This is a document that contains facts related to legal
proceeding. The person who makes the declaration
affixes his/her signature in a separate endorsement
paragraph at the end of the document with a
statement that the declaration is made under oath.
AFFIDAVIT
It is a written statement of facts voluntarily made
by an affiant under oath or affirmation administered
by a person authorized to do so by law. It is
voluntarily made without any cross-examination of
the affiant.
Its basis is either the personal knowledge of the
affiant or his or her information and belief.
THE AFFIANT

• Any person having the intellectual capacity to

take an oath or make an affirmation and who
has knowledge of the facts that are in dispute
may make an affidavit.
THE AFFIANT

• There is no age requirement for an affiant. As

long as a person is old enough to understand
the facts and the significance of the oath or
affirmation he or she makes, the affidavit is
valid.
THE AFFIANT

• A criminal conviction does not make a person

incapable of making an affidavit, but an
adjudication of Incompetency does.
• A guardian may make an affidavit for a minor or
insane person incapable of doing so.
THE AFFIANT
• An attorney make may an affidavit for a client if
it is impossible for the client to do so.
• When necessary to the performance of duties, a
Personal Representative, agent, or corporate
officer or partner may execute an affidavit that
indicates the capacity in which the affiant acts.
THE AFFIANT

• A court cannot force a person to make an

affidavit, since, by definition, an affidavit is a
voluntary statement.
THE TAKER OF THE AFFIDAVIT

• Any public officer authorized to administer oaths

and affirmations – such as city records, court
clerks, notaries, county clerks, commissioners
of deeds, and court commissioners – may take
affidavits.
THE TAKER OF THE AFFIDAVIT

• Justices of the peace and magistrates are

sometimes authorized to take affidavits. Unless
restricted by state law, judges may take
affidavits involving controversies before them.
THE TAKER OF THE AFFIDAVIT
• An officer cannot take affidavits outside of the
particular jurisdiction in which he or she
exercises authority.
• An official seal is not essential to the validity of
the affidavit but may be placed on it by the
proper official.
THE TAKER OF THE AFFIDAVIT

• The source of this authority must appear at the

bottom of the affidavit. A notary, for example,
would indicate the county in which he or she is
commissioned and the expiration date of the
commission.
REPUBLIC ACT NO. 10755
• Sec. 41. Officers Authorized to Administer Oath. – The following officers have
general authority to administer oaths: President; Vice President; Members and
Secretaries of both Houses of Congress; Members of the Judiciary; Secretaries of
Departments; provincial governors and lieutenant-governors; city mayors;
municipal mayors; bureau directors; regional directors; clerks of courts; registrars
of deeds; other civilian officers in the public service of the government of the
Philippines whose appointments are vested in the President and are subject to
confirmation by the Commission on Appointments; all other constitutional
officers; and notaries public.

• “The punong barangay is authorized to administer the oath of office of any

government official including the President of the Philippines.”
THE OATH OR AFFIRMATION

• Unless otherwise provided by statute, an oath is

essential to an affidavit. The statement of the
affiant does not become an affidavit unless the
proper official administers the oath.
THE OATH OR AFFIRMATION

• When religious convictions prevent the affiant

from taking an oath, he or she may affirm that
the statements in the affidavit are true.
CONTENTS
• There is no standard form or language to be
used in an affidavit as long as the facts
contained within it are stated clearly and
definitely.
• Unnecessary language or legal arguments
should not appear.
CONTENTS
• Clerical and grammatical errors, while to be
avoided, are inconsequential.
• The affidavit usually must contain the address
of the affiant and the date that the statement
was made, in addition to the affiant's signature
or mark.
CONTENTS
• Where the affidavit has been made is also
noted.
• When an affidavit is based on the affiant's
information and belief, it must state the source
of the affiant's information and the grounds for
the affiant's belief in the accuracy of such
information.
CONTENTS
• This permits the court to draw its own
conclusions about the information in the
affidavit.
• An affiant is strictly responsible for the truth and
accuracy of the contents of the affidavit. If false
statements are made, the affiant can be
prosecuted for perjury
PARTS
1. Venue
2. Title
3. Person
4. Oath
5. Statement
6. Signature
7. Jurat
 LEGAL CONSEQUENCES OF FALSE
AND UNTRUHFUL FACTS IN AN AFFIDAVIT

Making false or untruthful statements in a sworn

statement or an affidavit does not, in itself, result in
legal implications.
LEGAL CONSEQUENCES OF FALSE
AND UNTRUHFUL FACTS IN AN AFFIDAVIT
While Article 183 of the RPC imposes a penalty of
arresto mayor in its maximum period to prison
correccional in its minimum period to a person who
makes false testimony in cases not included in Art
180-182 of said law, as well as perjury in solemn
affirmation, the following requisites must concur in
order for criminal liability to attach:
LEGAL CONSEQUENCES OF FALSE
AND UNTRUHFUL FACTS IN AN AFFIDAVIT

a. That the accused made a statement under oath

or executed an affidavit upon a material matter;
b. That the statement or affidavit was made before
a competent officer, authorized to receive and
administer oath;
LEGAL CONSEQUENCES OF FALSE
AND UNTRUHFUL FACTS IN AN AFFIDAVIT

c. That in the statement or affidavit, the accused

made a wilful and deliberate assertion of a
falsehood; and
d. That the sworn statement or affidavit containing
the falsity is required by law or made for a legal
purpose.
DIFFERENT KINDS OF AFFIDAVIT
COMPLAINT AFFIDAVIT

A complaint affidavit is in the form of an affidavit,

narrating the facts and circumstances surrounding
the alleged crime, based on the point of view of the
complainant. The narration may also include the
elements of the crime as applied in the set of facts
or circumstances.
COUNTER AFFIDAVIT

Counter affidavit is an affidavit filed by the

respondent in reply to a complaint or petition.
Respondent files reply to the petition in the form of
affidavit. In most of the Writ Petitions, reply is
being filed in the form of Counter Affidavit.
Reply Affidavit
• Basically an answer to a Counter Affidavit
REJOINDER AFFIDAVIT

Response by the petitioner to the counter affidavit

filed by the respondent. It may include response to
the response to the new facts raised through the
affidavit filed by the respondent.
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 or Written
Statement with the 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.
AFFIDAVIT OF DESISTANCE

An Affidavit of Desistance is a written statement

under oath by the complainant that he’s no longer
interested in pursuing the complaint or criminal
case against another person.
When do you need an Affidavit of Desistance?
An Affidavit of Desistance is needed when you’re
no longer interested in pursuing a complaint or
criminal case against another person.
You may wish to desist from the complaint or
criminal case for a variety of reasons, such as:
1. You have already amicably settled with the other person
2. You are no longer willing to spend time or effort in
prosecuting the other person
3. You realized that you filed the complaint or criminal
case against the wrong person
What information do you need to create an
Affidavit of Desistance?
1. The type of complainant as well as name and details
2. The type of person against whom the complaint or
criminal case was filed as well as name and details
3. Brief description of the complaint or criminal case
AFFIDAVIT OF LOSS

A written statement that describes the facts

concerning the loss of an object, usually a
document such as identification card, a driver’s
license, passport or documents relating to the
registration of vehicles.
The Affiant is usually the owner of the lost object, especially
if the affidavit is going to be used to support an application
for a replacement of the lost object.
The document includes identifying information of the Affiant,
including their name, citizenship, age, and address. If the
Affiant is a minor, the user will be asked the name of the
guardian who will accompany the Affiant to the notary
public and sign the affidavit. The guardian is the legal
guardian who may be the parents or a court-appointed
guardian. The document then describes the object that was
lost and the circumstances of the loss.
Finally, the document explains that the information stated
therein are based on the personal knowledge of the Affiant
and the Affiant verifies the truth of the said information.
Finally, the Affiant may request for a replacement of the lost
document.
The affiant must swear under oath the whole truth of the
contents of the affidavit and then sign all copies of the
affidavit. Once notarized, the Affiant may use the document
as needed, including as support for any application for a
replacement of the lost object.
AFFIDAVIT OF DENAIL FOR NBI CLEARANCE

The National Bureau of Investigation (NBI)

Clearance is a government document released to
an individual upon request. It certifies that the said
individual, at the time of request, is not involved in
any ongoing criminal cases in the Philippines.
The NBI Criminal Database can be a collection of criminal
offender records extracted from the nest:

• Courts (MTC, MTCC, MCTC, and RTC)

• Prosecution Service (City and Provincial Prosecution
Offices)
• Ombudsman and Sandiganbayan
• Police and AFP Records
• Others
A “HIT” is the term used by NBI Clearance Centers if the
applicant has the same or similar name with another
person who has a pending criminal case. This requires the
NBI to verify your identity further before they can release an
NBI Clearance to the applicant.
Possible reasons for a “HIT”:
• You have a pending criminal or administrative case
before the court, Ombudsman, Sandigan Bayan, or
another administrative or quasi-judicial body.
• You have the same or similar name with another person
who has a pending or ongoing case.
• You have a previous criminal or administrative case, and the status
of this case needs to be further verified by NBI personnel.
• Your NBI Clearance has been held by request of other government
agencies.
• All NBI Clearance applicants with a “HIT” are subject to further
verification of the applicant‘s identity with the Identification and
Records Division at NBI Manila. This is where you execute and
“Affidavit of Denial for NBI Clearance”.
Information
• This is an accusation in writing charging a person
with an offense, subscribed by the prosecutor and
filed with the court
DEPOSITION OF WITNESS
• 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
Distinguish a deposition from an affidavit
• Affidavit is also a sworn statement of a witness but
the statement is taken ex-parte (no cross-
examination).
• But in deposition there is cross-examination, there is
a confrontation as if he is already testifying in court.
AFFIDAVIT OF UNDERTAKING

An undertaking is ―a promise given by one party

to the Court, frequently of mandatory nature and
relating to an obligation to the other party in
proceedings.‖ Undertakings are a legally binding
promise which carries severe consequences if
breached..
AFFIDAVIT OF ARRESTING OFFICER
SUBPOENA
• Subpoena is a writ issued under the authority of a
court to compel the appearance of a witness at a
judicial proceeding, and the disobedience of which
may be punishable by contempt of court
SUMMONS
• Summons is a mandate requiring the appearance of
the defendant in the action in court under the
penalty of having judgment entered (against him or
her) for failure to do so. The object of the summons
is to notify the defendant that he or she has been
sued
PETITION
• A formal application in writing made to a court or
other official body requesting judicial action of some
character.
Making a Petition (in relation to RA 4200)
According to Section 1 of RA 4200, it shall be unlawful for any person,
not being authorized by all the parties to any private communication or
spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as
a dictaphone or dictagraph or dictaphone or walkie-talkie or tape
recorder, or however otherwise described.
It shall also be unlawful for any person, be he a participant or not in the
act or acts penalized in the next preceding sentence, to knowingly
possess any tape record, wire record, disc record, or any other such
record, or copies thereof, of any communication or spoken word
secured either before or after the effective date of this Act in the
manner prohibited by this law;
or to replay the same for any other person or persons; or to
communicate the contents thereof, either verbally or in writing, or to
furnish transcriptions thereof, whether complete or partial, to any other
person: Provided, That the use of such record or any copies thereof as
evidence in any civil, criminal investigation or trial of offenses
mentioned in section 3 hereof, shall not be covered by this prohibition.
But Section 7 RA 9372 provides that he provisions of Republic Act No.
4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a police
or law enforcement official and the members of his team may, upon a
written order of the Court of Appeals, listen to, intercept and record,
with the use of any mode, form, kind or type of electronic or other
surveillance equipment or intercepting and tracking devices,
or with the use of any other suitable ways and means for that purpose,
any communication, message, conversation, discussion, or spoken or
written words between members of a judicially declared and outlawed
terrorist organization, association, or group of persons or of any person
charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism.
Provided, that surveillance, interception and recording of
communications between lawyers and clients, doctors and patients,
journalists and their sources and confidential business correspondence
shall not be authorized.
According to Section 8 of the same law, the written order of the
authorizing division of the Court of Appeals to track down, tap, listen to,
intercept, and record communications, messages, conversations,
discussions, or spoken or written words of any person suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism shall
only be granted by the authorizing division of the Court of Appeals upon
an ex parte written application of a police or
of a law enforcement official who has been duly authorized in writing by
the Anti-Terrorism Council in Section 53 of this Act to file such ex parte
application, and upon examination under oath or affirmation of the
applicant and the witnesses he may produce to establish:

(a) that there is probable cause to believe based on personal

knowledge of facts or circumstances that the said crime of terrorism or
conspiracy to commit terrorism has been committed, or is being
committed, or is about to be committed;
(b) that there is probable cause to believe based on personal
knowledge of facts or circumstances that evidence, which is essential
to the conviction of any charged or suspected person for, or to the
solution or prevention of, any such crimes, will be obtained; and, (c)
that there is no other effective means readily available for acquiring
such evidence.
MOTION FOR RECONSIDERATION

This is referred to as MR for short. It is a pleading whereby

the movant asks the court to revisit its decision which in his
view, is not supported by facts, the law, the evidence with
the view to having it modified or reversed.
MOTION FOR RECONSIDERATION IN DISCIPLINARY CASES
• Section 56. Filing. – The party adversely affected by
the decision may file a motion for reconsideration
with the disciplining authority who rendered the
same within fifteen (15) days from receipt thereof. A
motion for extension of time to file a motion for
reconsideration is not allowed.
Section 58. Grounds. –
• The motion for reconsideration shall be based on any of the
following:
a. New evidence has been discovered which materially affects
the decision rendered; or
b. The decision is not supported by the evidence on record; or
c. Errors of law or irregularities have been committed
prejudicial to the interest of the movant.
• Section 59. Limitation. – Only one motion for
reconsideration shall be entertained. If a second motion for
reconsideration is filed notwithstanding its proscription
under this Rules, the finality of action shall be reckoned
from the denial of the first motion for reconsideration.

• Section 60. Effect of Filing. – The filing of a motion for

reconsideration within the reglementary period of fifteen
(15) days shall stay the execution of the decision sought to
be reconsidered.
NOTICE OF APPEAL

Appeal is the remedial procedure by which the aggrieved

party elevates the decision of the lower court to a higher
court for review and reconsideration with a view of having it
review or modified.
COMMITMENT ORDER

It is a written order of the court, or any agency authorized

by law to issue, entrusting an inmate to a jail for the
purpose of safekeeping during the pendency of his/her
case.
MITTIMUS
• refers to a warrant issued by a court to commit
someone to imprisonment. It directs a sheriff or
other officer to deliver the person named in the writ
to a prison or jail, and directs the jailor to receive and
imprison the person.
 SEC. 54. Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation. —
• A drug dependent or any person who violates Section
15 of this Act may, by himself/herself or through
his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, apply
to the Board or its duly recognized representative, for
treatment and rehabilitation of the drug dependency.
Upon such application, the Board shall bring forth the
matter to the Court which shall order that the
applicant be examined for drug dependency..
• If the examination by a DOH-accredited physician results in the issuance of a
certification that the applicant is a drug dependent, he/she shall be ordered by the
Court to undergo treatment and rehabilitation in a Center designated by the Board
for a period of not less than six (6) months: Provided, That a drug dependent may
be placed under the care of a DOH-accredited physician where there is no Center
near or accessible to the residence of the drug dependent or where said drug
dependent is below eighteen (18) years of age and is a first-time offender and
non-confinement in a Center will not pose a serious danger to his/her family or
the community.

• Confinement in a Center for treatment and rehabilitation shall not exceed one (1)
year, after which time the Court, as well as the Board, shall be apprised by the
head of the treatment and rehabilitation center of the status of said drug
dependent and determine whether further confinement will be for the welfare of
the drug dependent and his/her family or the community
APPLICATION FOR VOLUNTARY CONFINEMENT
How can an individual seek drug treatment and rehabilitation in the Philippines –
whether voluntarily or not? Rappler lists the steps based on guidelines from the
Dangerous Drugs Board (DDB):

1. A person, the drug user himself or his family, should obtain a referral form for a Drug
Dependency Examination (DDE) to determine the level of a drug user. This is available
at the Central Screening and Referral Unit (CSRU) at the Rizal Medical Center in Pasig
City. If the drug user is outside Metro Manila, he or she may coordinate with the local
Anti-Drug Abuse Council for assistance.

2. The drug user has to undergo the DDE conducted by a physician accredited by the
Department of Health (DOH). The DDE determines a person’s level of drug use: (1)
experimenter, (2) social recreational user, (3) habitual user, (4) drug abuser, and (5)
drug dependent.
• 3. If found to be a drug abuser or drug dependent (4th and 5th levels), a certification, together with other
requirements, should be submitted to the Legal Affairs Division of DDB either by the parents, guardians, or
spouse of the user. Other requirements include police clearance, barangay clearance, and a certificate of
no pending case from the Regional Trial Court (RTC).

• If the drug dependent is a minor and has a pending case in court, he or she, together with his or her
guardian, must secure a Certification of Suspended Sentence from the RTC where the case is filed. Those
found to fall under the 1st, 2nd, and 3rd levels can avail of out-patient services such as counseling.

• 4. The drug dependent or a family member must fill out an application form and have it notarized as
requirements for the petition for confinement. The form will then be filed with an RTC in the area where
the drug dependent resides. If the drug dependent is a minor, parents or guardian can submit in his or her
behalf.
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 the RTC. Drug dependents who cannot afford
a lawyer can avail of free legal counsel and representation from Public Attorney’s
Office (PAO) lawyers nationwide.

5. The drug dependent or a family member can decide where to avail of drug
treatment and rehabilitation. DDB may recommend government-owned RTCs for
individuals who cannot afford to avail of the services of private centers.
 SEC. 61. Compulsory Confinement of a Drug Dependent Who
Refuses to Apply Under the Voluntary Submission Program. —
• Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent
on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined for
treatment and rehabilitation in any Center duly designated or accredited for the purpose.

• A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed
by any person authorized by the Board with the Regional Trial Court of the province or city where such person is
found.

• After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such
order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge
of him.

• If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two
(2) physicians accredited by the Board. If both physicians conclude that the respondent is not a drug dependent,
the court shall order his/her discharge. If either physician finds him to be a dependent, the court shall conduct a
hearing and consider all relevant evidence which may be offered. If the court finds him a drug dependent, it shall
issue an order for his/her commitment to a treatment and rehabilitation center under the supervision of the
DOH. In any event, the order of discharge or order of confinement or commitment shall be issued not later than
fifteen (15) days from the filing of the appropriate petition.
THANK YOU!