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MIDTERM COVERAGE:
LEGAL FORMS FOR LAW ENFORCEMENT

SWORN STATEMENTS / SWORN DECLARATION “SINUMPAANG SALAYSAY”

Sworn Statement

• 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.

• Sworn Statement are similar to AFFIDAVITS.

• In taking sworn statements, the police officer should

comply with Section 12, Article lll of the 1987
Constitution. It states that “any person under custodial
investigation for the commission of an offense shall have
the right to remain silent and to have a competent and
independent counsel. He / she must be provided with one.
These rights cannot be waived except in writing and in
the presence of counsel. No torture, force or violence,
threat, intimidation or any means which influences the
free will shall be used against him/her. Secret detention
places, solitary, incommunicado, or other similar forms
of detention are prohibited.

Related Legal Terms and Issues

• Oath - Any form of attestation by which a person

signifies that he is bound in conscience to perform an
act faithfully and truthfully.

• Affirmation– the process of affirming something,

attesting to or swearing to a fact.
OATH VS AFFIRMATION
An OATH is a declaration made to God usually done by holding
a bible, whereas AFFIRMATION is a verbal, solemn and formal
declaration, which is made in place of an oath.
Despite these differences, an oath and an affirmation are
legally equivalent, as they both constitute a form of jurat.

• Notary Public – an official appointed by the state to

serve as an impartial witness related to the signing of
important These services are vital to deter fraud in the
submission of such written documents.

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NOTA BENE:
Meaning of Notary Public

A notary public is a public officer whose function is to attest and

certify, by his hand and official seal, certain classes of document, in order to
give them credit and authenticity in foreign jurisdictions, to take
acknowledgments of deeds and other conveyances, and certify the same,
and to perform certain official acts, chiefly in commercial matters, such as
the protesting of notes and bills, and noting of foreign drafts, and marine
protests in cases of loss or damage. "(The Phil. Notarial Law & Legal
Forms, by Francisco Ventura)

Meaning of Notary
A notary is a public officer whose duty is to attest the genuineness
of any deed or writing in order to render them available as evidence of the
facts therein contained.
He is a public functionary, authorized to receive all acts and
contracts to which parties wish to give the character of authenticity,
attached to the act of public authority to secure their date, their preservation
and the delivery of cores.

• Perjury – the act of wilfully lying or stating false

facts in a court of law such as testifying, or on a legal
document, after having taken an oath.

• Notarized Document – any document signed before, and

witnessed by, a Notary Public.
• Administering Officer - Is an officials of the Commission
who are appointed by the President, as well as officers
of the PNP from rank of inspector (PCPT) to senior
superintendent (PCOL), shall have the power to administer
oaths on matters which are connected with the performance
of their official duties. The administering officer
attests to the validity of the affidavit.
A notary public is the most common example of a
person authorized to administer oaths. Also, certain
public officers are granted such power or authority, in
relation to the exercise of their functions, such as
policemen, who in certain capacities, can subscribe to a
sworn statemen.
OFFICIALS AUTHORIZED TO ADMINISTER OATH
Notaries public; judges; clerks of courts; the Secretary of either
House of the Congress of the Philippines, bureau of directors,
register of deeds, Governors, Mayors, and any other officer in the
Philippine service whose appointment is vested in the President of
the Philippines.

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• PARTS OF SWORN STATEMENT (Q & A):

1. Preliminary statement [(1)Stating the name and
address of the affiant; (2)The name of the investigator
taking the statement; (3)The office and address where
the statement is being taken; (4)date and time when
statement was taken; and (5)The name of the witness/es.
2. Question and Answer
3. Signature of the affiant
4. Signature of the administering officer
5. Certification of the administering officer

• PARTS OF SWORN STATEMENT (NARRATIVE):

1. Caption
2. Narrative statement
3. Signature of affiant
4. Signature of the administering officer
5. Certification of the administering officer

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▪ Sample Format of Sworn Statement (Q & A)

EXAMPLE #1: Standard, lifted from DIDM Website (tagalog)
MALAYA AT KUSANG LOOB NA SALAYSAY NI (Name and address of the Affiant) NA
IBINIGAY SA PAGSISIYASAT NI (Name of the Investigator), DITO SA TANGGAPAN NG
Name and address of the Office, NGAYONG IKA- (Month, Date and Year), SA GANAP NA
IKA-(Time) NG UMAGA/HAPON/GABI, SA HARAP NINA (Name of Witnesses-at least 2) ,
SA PAMAMAGITAN NG MGA TANONG AT SAGOT.

(Ang nagsasalaysay ay pinahiwatigan o pinaalalahanan ng lahat ng kanyang mga

karapatan alinsunod sa itinatadhana ng ating Bagong Saligang Batas).

MGA TANONG AT SAGOT

01. TANONG - Ginoong/Ginang __________________, ikaw ba ay
magsasabi ng buong katotohanan at pawang katotohanan
lamang sa pagsisiyasat na ito?

SAGOT -

02. TANONG - Ikaw ba ay handang magbigay ng iyong malaya at kusang loob

na salaysay?

SAGOT -

03. TANONG - Maaari mo bang sabihin sa pagsisiyasat na ito ang iyong tunay
na pangalan at iba pang mapagkikilanlan sa iyong tunay na
pagkatao?

SAGOT -

04. T - Ano naman ang dahilan at ikaw ay naririto sa aming tanggapan

at nagbibigay ng iyong malaya at kusang loob na salaysay?

S -

05. T - Saan at kailan nangyari ang naturang insidente?

S -

06. T - Sinu-sino ang may kinalaman sa naganap na

_______________?

S -

07. T - Paano naman nangyari ___________________?

S -

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Pahina 2. Karugtong ng malaya at kusang loob na salaysay ni

____________________________, ngayong ika-___ ng _____, 20___.

08. T - Kilala mo ba itong mga biktima?

S -

09. T - Sa ikaliliwanag ng pagsisiyasat na ito, maaari mo bang isalaysay

o sabihin kung ano ang tunay na nangyari sa naganap na
____________?

S -

10. T - Sa iyong pagkakaalam, ilan sa mga _____________ ang may

mga dalang baril at anu-ano ang mga kalibre nito?

S -

11. T - Bukod sa iyo, may mga alam ka bang mga tao na nakakita ng
naturang ________________?

S -

12. T - Ano naman ang iyong ginawa matapos mong masaksihan ang
naturang insidente?

S -

13. T - Kung muli mo silang makita at makaharap, makikilala mo ba ang

mga ito?

S -

14. T - Pansamantala ay wala na akong itatanong sa iyo, mayroon ka

bang ibang ibig idagdag o bawasan sa salaysay mong ito?

S -

15. T - Ikaw ba ay tinakot, pinangakuan, o binigyan ng pabuya sa

pagbibigay mo ng salaysay na ito?

S -

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Pahina 3. Karugtong ng malaya at kusang loob na salaysay ni

____________________________, ngayong ika-___ ng _____, 20___.

16. T - Handa mo bang lagdaan ang salaysay mong ito na binubuo ng

(Number of Pages) pahina?

S -

WAKAS NG SALAYSAY: (Date and Time)

__________________________
Nagsalaysay

SUBSCRIBED AND SWORN TO before me this (Date) at (Place)

_________________________
Administering Officer

CERTIFICATION:

I HEREBY CERTIFY THAT I have personally examined the herein affiant under
oath and that I am fully satisfied that he/she voluntarily executed and understood his/her
statement.

_________________________
Administering Officer

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EXAMPLE #2: Actual Sample (English)

SWORN STATEMENT OF EDGAR COSTALES Y RETES EXECUTED BEFORE SPO5
EMMANUEL CAYTON BY WAY OF QUESTION AND ANSWER IN THE ENGLISH LANGUAGE
THEN CAREFULLY TRANSLATED INTO THE FILIPINO DIALECT WHICH THE AFFIANT
FULLY SPEAKS AND UNDERSTANDS IN THE PRESENCE OF THE CHIEF OF POLICE, PCI
EARL KEVIN TORRES, THIS 16TH DAY OF MARCH 2020.

Preliminary: Mr. Costales, I would like to inform you that you are under investigation regarding
the stabbing and killing incident committed on January 31, 2020. Before asking
you any questions, I would like to inform you of your Constitutional Rights: that
you have the right to remain silent and that anything you say may be used
against you in any court proceedings; and that you have the right to the presence
and assistance of a competent and independent counsel of your own choice and
if you can not provide the services of a counsel, the state will provide you one.

QUESTION: Do you understand your Constitutional Rights?

ANSWER: Yes sir.
QUESTION: Do you wish to be assisted by a competent and independent counsel?
ANSWER: No sir. I know what I am talking about.

WAIVER
_______

I herby waive my right in the presence of Atty. Christian Vasquez, to the presence and
assistance of a competent and independent counsel.

EDGAR REYES COSTALES

(affiant)

QUESTION: Do you wish to proceed with the investigation?

ANSWER: Yes sir.
QUESTION: Do you swear to tell the truth and nothing but the truth?
ANSWER: Yes sir.

1.Q: State your name and other personal circumstances.

A: I am Edgar Costales y Reyes, 40 years old, single, security guard, residing at The Zone
Vill, Kisad, Baguio City.
2.Q: What prompted you to be here in the police station?
A: I am here to give my knowledge regarding the stabbing and killing incident that happened
of January 31, 2020.
3.Q: What is the name of the victim?
A: The name of the victim is Jose Erguiza y Garcia.
4.Q: Do you know the identity of the suspect?
A: Yes sir. His name is Abraham Oñate y Ella.
5.Q: How are you related with the victim and suspect?
A: Sir both of them are residents of The Zone Vill in which I am a security guard.
6.Q: When and where did the incident happen?
A: The incident happened around 9:00 o’clock in the evening on January 31, 2020 inside
Unit 204-B The Zone Vill, Kisad, Baguio City.
7.Q: What were you doing during the incident?
A: Sir I was conducting my nightly partrol at Building B of The Zone Vill.
8.Q: During your patrol, did you notice anything strange?

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A: None sir, but around that time I saw the suspect leaving unit 204-B and entering 103-B in
a hurry.
9.Q: Please briefly narrate how the incident happened.
A: On or about 9:00 o’clock in the evening on January 31, 2020, I was conducting my nightly
patrol at Building B of The Zone Vill when I saw the suspect leave Unit 204-B then enter
Unit 103-B in a hurry. I then went to Building A to continue my nightly patrol.
10.Q: During your patrol at Building A, did you hear any strange noise?
A: Yes sir, around 9:05 o’clock in the evening I heard a screeching sound. It is as if
someone is hurrying to drive.
11.Q: What did you do upon hearing this sound?
A: Sir, I continued with my patrol thinking that it was just some car who was in hurry. I
finished my patrol at Building A around 9:20 o’clock in the evening.
12.Q: You said that you finished your patrol at Building A, did you return to Building B?
A: Yes sir because it is there where my post is located.
13.Q: Upon arrival at Building B, did you notice anything strange?
A: Yes sir, I noticed that there are droplets of blood from Unit 204-B leading to the parking
lot. I tried to call Mr. Tim Park, the owner of Unit 204-B, but his cell phone was busy.
14.Q:You said a while ago that you know the suspect because he is a resident of The Zone
Vill, where you work at. Did the suspect have a violent life?
A: I am not sure sir because I only started working there last three (3) months ago but
during the duration of my employment, Abraham was not involved in any violence. As a
matter of fact, he would even give me food and money once in a while.
15.Q: What else did you notice upon arrival at Building B?
A: Around 9:30 o’clock in the evening, I saw the suspect ride a Mitsubishi Adventure Taxi
with plate number AYT 123.
16.Q: You said a while ago that you tried to call Mr. Tim Park. Did you try to call him again?
A: No sir but around 9:45 o’clock in the evening, Mr. Tim Park called me and informed me
of the incident.
17.Q: What did you do upon knowing about the incident?
A: I immediately went to the door of the house of Mr. Tim Park, being careful not to step on
the blood droplets, and ensured that no one will contaminate the surrounding crime
scene until the police or Mr. Tim Park arrives.
18.Q: Around what time did Mr. Park Arrived?
A: Mr. Park arrived around 10:00 o’clock in the evening but he was not accompanied by
police officers. I accompanied him inside the crime scene. He got some clothes then left
the room immediately.
19.Q: What else did you notice inside the crime scene?
A: I noticed inside the crime scene a huge pool of blood and a blooded Rambo knife laying
on the floor near the pool of blood.
20.Q: Did you ask Mr. Park where he will be staying?
A: Yes sir, he said that he will be staying at Starwood Hotel until the crime scene is
processed by the police.
21.Q: What happened next?
A: Mr. Park left Unit 204-B then I went to my post to write in my log book the incident that
happened. Then I retuned to the door of Unit 204-B and posted a sign to not go near the room.
I then photographed the blood trail so that in case the other residents would contaminate it, I
could provide the police with the original state of the droplets.
22.Q: Who else did you tell about the incident?
A: I told the owner of the Zone Vill regarding the incident, hw arrived around 11:00 o’clock
in the evening and we talked personally about the incident. He wanted to personally see
the crime scene but I told him that it is not allowed because the crime scene might be
contaminated.
23.Q: The investigator has no question to ask you now. Do you wish to say more to add or
retract from your statements?
A: None sir.

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24.Q: In your honest opinion, did you give a true and voluntary statement?
A: Yes sir.
25.Q: Are you willing then to affix your signature in this statement of yours consisting of 3
pages including this page to affirm the truthfulness of the same?
A: __________

EDGAR REYES COSTALES

(affiant)

SUBSCRIBED AND SWORN TO BEFORE me this 16th day of March 2020 at Baguio
City, Benguet.

EARL KEVIN REYES TORRES

Police Chief Inspector
Administering Officer

CERTIFICATION
______________

This is to certify that I personally examined the herein affiant and is satisfied that he
freely and voluntarily executed his sworn statement and fully understood the same.

EARL KEVIN REYES TORRES

Police Chief Inspector
Administering Officer

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▪ Sample Format of Sworn Statement (Narrative)

Republic of the Philippines )
Municipality of Pili )
Province of Camarines Sur ) S. S.
x- - - - - - - - - - - - - - - - x

SWORN STATEMENT
I, PO1 MARCIAL DE LEON, of legal age, Filipino, a member of the Philippine
National Police (PNP) assigned at Pili Municipal Police Station, under oath, hereby state
that:

Last April 1, 2019 at about 11:00 in the evening, my companion PO1 Ronelo
Bonifacio and I was going on a routine police patrol using the station’s patrol car along
San Juan, Pili, Camarines Sur.

Suddenly, from out of the tall grasses beside the road, a lying man was no life in
the ground, and my companion saw it, so I stop the Police Patrol mobile.

My companion suddenly stopped while the man was lying near us. Sensing that
something was wrong, I got out and took out my gun, just in case.

The lying man, whom I later came to know as Atty. Edwin Hidalgo who resides at
San Juan, Pili, Camarines Sur, was lying on the ground with no life. I saw two (2) male
person rapidly walking away from the scene.

With the purpose of inquiring from them about the possibility of being witnesses, I
thus fired a warning shot and shouted at the two (2) male to stop or else I will shoot them.
Instead tostop, they immediately ran prompting me to chase and apprehend them.

Base on the ID’s recovered and a latent fingerprint in the bladed weapon with fresh
blood in it, from the person I arrested, it was established that the suspects’ name were
Amador Simando (23 years old) and Ed Ablay (25 years old), both residents of Calauag,
Naga City.

I also recorded these series of events at the MPS Blotter, an excerpt of which is
hereto attached as Annex A hereof.

I am executing this statement to attest to the truth of the statements I made above
and for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have signed this statement in this 2nd day of April,
2019 at Pili, Camarines Sur, Philippines.

PO1 MARCIAL DE LEON

Affiant

SUBSCRIBED AND SWORN to before me this 2nd. day of April, 2019 at Pili,
Camarines Sur.

ATTY. BEN COSTALES

Administering Officer

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AFFIDAVITS
Affidavits
- These are types of verified, formal sworn statements of
fact signed by an affiant or author, and witnessed by a
notary public. These could be used as evidence in court
proceedings.

- It is a sworn statement in writing sworn before a notary

or other officers entitled to administer oaths or take
acknowledgments.

▪ PARTS OF AN AFFIDAVIT
An affidavit is composed of the following parts:

1. Venue - The place where the affidavit was taken. This

will show whatever the official administering the oath
of affirmation has acted within his jurisdiction.
NOTA BENE
• SCILICET OR “SS”

“SS” literally means “more

particularly”
Hence, the words–-

Republic of the Philippines )

Municipality of Echague ) S.S.

Means: Republic of the Philippines, more

particularly in the Municipality of Echague.

✓ “S.S.” literally means more particularly

(Suarez, 2007), to wit, or namely
(Guevara, 2010). It is used to
particularize a general statement. (Ibid)
✓ In notarized documents, it indicates that
the legal document was executed in the
designated place within that particular
jurisdiction for such an act.
✓ Note: The omission of “S.S.” in a legal
document is not material so as to
invalidate it. (McCord, et al. v. Glenn,
6 Utah 139, 21 Pac. 500; Guevara, 2010).

2. Body - The facts stated in the body of an affidavit

must be stated positively, and not merely as a matter
of belief by one who has actual knowledge of the fact
and its allegations should be full, certain and exact.

3. Signature of the affiant and the jurat - The proper

place of the signature is below the body of the
affidavit.

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JURAT
• JURAT - a written sworn statement of facts or certification or
proof that the principal (the “affiant”) has signed a statement,
affidavit or oath before an administering officer.

• A jurat is that part of an affidavit in which the officer certifies that

the instrument was sworn to before him. A jurat should be used
only in affidavits, sworn statements, certifications, verifications
and the like -- NEVER IN CONTRACTS. The form of jurat is as
follows:

▪ Note: Jurat is important as it gives the document a legal

character. (Ibid)

b. Affidavit of Complaint
▪ It is important that those who will be writing the
police report will be familiar with the forms of
complaints in criminal cases, its format, and the
standard headings and captions of cases. The
familiarization of all these will help him in his
reports, and in any court proceedings. These standard
headings and captions are used in the Supreme Court,
Court of Appeals, and Municipal Courts.

▪ Section 3 of Rule 110 defines COMPLAINT as a sworn

written statement charging a person with an offense,
subscribed by the offended party, any peace officer,
or other public law officer charged with the
enforcement of the law violated.

▪ This complaint may be filed in the prosecutor’s

office. Filing of the complaint is necessary to
conduct preliminary investigation. The persons who
may file a criminal complaint are the offended party
refers to the person against whom or against whose
property the crime was committed, any peace officers
refer to any members of the Philippine National

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Police, and other public officer charged with the

enforcement of the law violated refers to person in
the government services (ex. Authorized BIR agents,
Customs Agent, etc.)

▪ PARTS OF COMPLAINT AFFIDAVIT:

1. the name of the accused
2. the designation of the offense by the statute
3. the acts or omissions complained of as
constituting the offense
4. the name of the offended party
5. the approximate time of the commission of the
offense
6. the place wherein the offense was committed
NOTA BENE:
✓ 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 of Court).

✓ Information. This is an accusation in writing charging a

person with an offense, subscribed by the prosecutor and
filed with the court (Rules of Court).

✓ After the filing of the Affidavit of Complaint, the

process of preliminary investigation commences.
Preliminary investigation is an inquiry or proceeding to
determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and
the respondent is probably guilty thereof, and should be
held for trial. This is a crucial stage in criminal
proceedings because the prosecutor will have to determine
whether there is sufficient ground to file an information
in court against the alleged perpetrator. If the
prosecutor finds probable cause, he will issue a
resolution spelling out the reasons for such finding, and
will correspondingly file an information in court, with
the recommended bail. On the other hand, if there are no
sufficient grounds, then the prosecutor will dismiss the
case.

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▪ Sample of Complaint Affidavit

Republic of the Philippines
REGIONAL TRIAL COURT OF ISABELA
BRANCH 8
st
1 Judicial Region
Jones, Isabela

PEOPLE OF THE PHILIPPINES

Criminal Case No. _915664-R
Complainant, For: _MURDER, defined and
penalized under Article 248_
- Versus – of the Revised Penal Code._

Juan Veray y Ramos

Accused.
x- - - - - - - - - - - - - - - - - - - x

CRIMINAL COMPLAINT

The undersigned, Chief of Police of Jones Municipal Police Station,

accuses Juan Veray y Ramos of the crime of murder committed as follows:

That on or about 2:00 o’clock in the afternoon on October 15, 2021 in the
Municipality of Jones, Isabela, Philippines within the jurisdiction of the Honorable Court,
the said accused did then and there, with malice afforested and with deliberate intent to
take the life of Frank Enstein y Kalaboso willfully, unlawfully, and feloniously stabbed
the victim two (2) times with a single bladed Balisong knife at the upper front trunk of
the victim’s body, being innocent and unarmed during the attack causing the direct and
immediate death of the victim while the accused fled away giving no aid to the fatally
wounded victim.

Contrary to law.
November 2, 2021

FRANCES K. ENSTEIN
Chief of Police

SUBSCRIBED AND SWORN before me this 2nd day of November,

2021 in the province of Isabela.

ATTY. INVENCIO CAWIHAN

Assistant Prosecutor

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c. Affidavit of Witness
▪ It is a legal and binding document of written
testimony of a witness as a way of evidence to be
presented to the court. It is usually filled out by a
lawyer, and then filed as part of the case.

▪ The affidavit has to be in paragraph form, and each

paragraph covers one specific topic. The full name of
the person making the statement has to be included,
as does the name of one who affirms the statement.
This kind of affidavit can also be used to record the
testimony of an expert witness in certain cases. This
affidavit has to be truthful and just give facts, not
personal feelings or opinions.

▪ Sample of Affidavit of Witness

Republic of the Philippines )
____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, ________________________, age, civil status, resident of

__________________________, _________, after having sworn in accordance with law, do hereby
depose and state THAT:

01. I was present and personally saw that accused, __________, committed the crime of
___________________________ against the victim _______________;

02. (State other circumstances and the relation either to the victim or accused or both);

03. (State the details of the acts committed by the accused against the victim.

04. (State the acts done by the witness and the reason thereof);

I executed this affidavit to attest the truthfulness of the foregoing facts and to support the filing
of Criminal Cases against _______________________________ for violations of
________________________.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this ___day of ____________ at

____________, _______________.

_______________________________
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

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Republic of the Philippines )

Quezon City )S.S.
x--------------------------x

AFFIDAVIT OF WITNESS

I, MARY ANN I. CODINA, 40, married, resident of B64 L53

Canada Street, Harmony Hills I, Muzon, City of San Jose del
Monte, Bulacan, after having sworn in accordance with law. do
hereby depose and state THAT:

(1) I was present and personally saw that accused, PO2 Daniel
Pantaleon, committed the crime of homicide against the
victim Eric Gamer:

(2) Said act was done while PO2 Panteleon was in the act of
arresting Mr. Eric Gamer on 17 July 2021 at about 4:30 pm or
thereabouts at the Centris Mall in Quezon City:

(3) Said arrest was done in a manner in which the victim was
held in a chokehold by PO2 Panteleon and four (4) other
police officers when Mr. Garner was trying to break up a
fight between a group of teenagers in the same area:

(4) I can dearly hear Mr. Garner telling the police officers
that he cannot breath a number of times while laying
facedown and in a chokehold position as he was being
arrested by the said police officers and held by PO2
Panteleon;

(5) I remember even telling the police officers, for goodness

sakes, he is saying he can't breathe, do something!" but
nobody paid me any attention;

(6) I was able to witness how Mr. Garner passed out and they
still there was not any attempt in trying to resuscitate him
by the same police officers;

(7) I saw him being loaded in an emergency van a few minutes

later, still unconscious;

(8) that later heard on the news that Mr. Enc Garner died
because of the said manner of arrest done by PO2 Daniel
Panteleon and his co-officers.

I, executed this affidavit to attest the

truthfulness of the foregoing facts and to support the
filing of Criminal Cases against Daniel Pantaleon for
violations of Article 249 of the Revised Penal Code.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, hereunto affixed my signature this 12"

day of January 2022 at Quezon City.

MARY ANN I. CODINA

Affiant

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SUBSCRIBED AND SWORN to before me this 20" day of July by

MARY ANN I CODINA with residence Certificate No. 12345667 issued
at Quezon City on 22 January 2014.

ATTY. ALEX Y. TORREZ

Notary Public

My commission expires Dec. 31, 2022

Not. Reg. No.________;

Page______;
Book____________;
Series of 2022.

d. Affidavit of Arrest
▪ This refers to a statement given under oath and
penalty under perjury. It states about facts and
circumstances about the arrest, the information which
led to the arrest, and the observation made before
and after the arrest. This is filled out by the
arresting officer

▪ Sample of Affidavit of Arrest

Republic of the Philippines )
____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

JOINT AFFIDAVIT OF ARREST

We, the UNDERSIGNED Police Officers, both members of the Philippine National
Police, presently assigned at the __________________________, _________,
_____________, do hereby depose and state THAT:

01. We are among the members of the ___________________________________

who conducted entrapment operations at _______________________ located along
________________________________, _______________;

02. Said operation stemmed from the complaint of _____________ for

violation of ______________________________________ which was referred to our office
by the ______________________________ against _____________________, (age), (civil
status), (nationality) and residing at No. __________________________,
__________________;

03. On the complaint dated _______________, (state the act and the crime
committed).

04. 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 pre-arranged pay off
_________________________ located along ____________________________,
__________ to give the money being asked by the respondent;

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05. 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 conversation, complainants handed
over the marked money to the suspect that minutes of prompted the undersigned to
immediately effect arrest;
06. 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;

07. 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.

08. 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 ________________________.

AFFIANTS SAYETH NAUGHT.

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

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Republic of the Philippines )

MAKATI CITY ) s.s.
x- - - - - - - - - - - - - - - - - --x

JOINT AFFIDAVIT OF ARREST

We, SP01 Antonio Rodriguez and P02 Manuel Santos both members of the
Philippine National Police, presently assigned at the Makati City, Police Station, do hereby
depose and state THAT:

(1) That on or about 11 o'clock in the evening April 25, 2008, 1, 2 affiant received a
report thru a phone call from Jose Garcia, security guard of Fiamma Bar in Jupiter
St., Makati City, that an alleged trouble in progress at Fiamma Bar.

(2) That immediately after receiving the report, we proceeded in the reported place and
that thereat, we saw the persons of Baron Gangster, Patria Martinez and Jose
Garcing.

(3) That upon interview on Patricia Martinez- she alleges that Baron Gangster
committed an act of lasciviousness with Patria Martinez, by touching her breast and
left thigh.

(4) That we invited Baron Gangster to go with us in the Police Station to clarify things
which he readily acceded.

(5) That we informed Baron Gangster that he is being held for allegedly committing acts
of lasciviousness and apprised him of his Constitutional Rights as stated in the
Miranda Doctrine. We then brought and indorsed the case for proper investigation.

(6) IN TRUTH TO THESE WE HEREUNTO affixed our signatures below to the

truthfulness of the foregoing.

SPO1 Antonio Rodriguez P02 Manuel Santos

1st Affiant 2nd Affiant

SUBSCRIBED AND SWORN to before me this ___________ day of _________ at

Makati City, Philippines.

ATTY. RODRIGO DELA CRUZ

Administering Officer

e. Affidavit of Desistance
▪ This refers to the complainant, who executes an
affidavit of desistance, when he/she no longer wishes
to pursue a case against an accused or defendant in a
court case. The complainant states that he/she didn’t
really intend to institute the case and he/she is no
longer interested in testifying or prosecuting.

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▪ This is the only ground for dismissing the case if

only the prosecution can no longer prove the guilt of
the accused beyond reasonable doubt without the
testimony of the offended party.

▪ Sample of Affidavit of Desistance

REPUBLIC OF THE PHILIPPINES )
CITY OF ____________________)S.S.

AFFIDAVIT OF DESISTANCE

I, __________________ of legal ages, Filipino, (single / married / widow), and a

resident of _________________, Philippines, after having been duly sworn in accordance
with law, hereby depose and say:

That I am the private complainant in the criminal case entitled _________ docketed
as_______________ before ____________Trial Court, Branch _____, ____________City,
Philippines;

That after a thorough analysis of my memories of the incident that occurred on

_______________ I have realized that I cannot point out, beyond reasonable doubt that
the accused ____________________, committed the above stated crime of
________________on ________________________, as it was too dark to discern the
features of the perpetrator with any degree of certainty;

Since I could not state with certainty and without doubt the liability of the accused
______________________, I feel compelled to withdraw my complaint against him and I
clear him of whatever responsibility or liability to me;

That in view of the foregoing, I finally manifest that I now completely and absolutely
exonerate the accused ___________________ from any liability in connection with the
above-mentioned criminal case and that I am no longer interested, and I hereby desist, in
prosecuting the said criminal case;

That I execute this Affidavit of Desistance so that the above-mentioned criminal

case be immediately dismissed and considered finally closed and the bond posted by the
herein accused be released to him;

As such, I respectfully pray that the aforementioned case against the Accused
_______________________be dismissed and finally closed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at

________________City, Philippines.

Affiant

(JURAT)

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REPUBLIC OF THE PHILIPPINES )

CITY OF ILOILO )S.S.
x---------------------------------------------x

AFFIDAVIT OF DESISTANCE

I, MIKAIL SPECTER, of legal age, single, Filipino and a resident of Brgy.

Guzman, Mandurriao, Iloilo City, Philippines, after being sworn to in accordance
with law, depose and state that:

(1) I am the authorized representative of the victim and the complainants for a
case of Robbery now pending before the Regional Trial Court Branch of the
Province of Iloilo under Criminal Case No. 18-1320 against the accused in
the person of KARL BALAKADA;

(2) After the case had already been filed and the same is now pending trial, the
civil aspect of the case was settled by both parties;

(3) This is aside from the fact that intend to leave the Province of Iloilo anytime
in order to look for greener pasture and my retum is indefinite and as such
cannot continue with the prosecution of this case;

(4) Furthermore, the Witness, CHEL HERMOSA, could not be located anymore
and I was just informed by her relatives that she is already in Manila and
could not be contacted anymore;

(5) That I execute this Affidavit of Desistance to attest to the truth of the
foregoing facts and to respectfully request unto this Honorable Court that the
above-mentioned case filed against said KARL BALAKADA be dismissed.

FURTHER AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF. I hand hereunto set my hand this 22nd day of

March, 2019 at Iloilo City, Philippines.

MIKAIL SPECTER
Affiant

SUBSCRIBED AND SWORN to before me this 22nd day of March, 2019, in

Iloilo City, Philippines, the affiant exhibited to me his SSS ID with No. 05-1038827-
9, and I am convinced that he executed the same freely, voluntarily and he
understood its contents.

ATTY. DARREN AGUILAR

Notary Public
Doc. No. 228;
Page No.47;
Book No. III;
Series of 2019.

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Legal Implications of an Affidavit

• When drawing up or swearing to statements within the

affidavit, the person making the statements should
realize that it is a serious matter. By signing, a person
is making the same type of oath they would in a court of
law. Providing false information or lying on an affidavit
is a crime punishable by law. Some states consider this
perjury and the penalty may include a fine, community
service, and even jail time.

• If a person has been charged with falsifying an

affidavit, or of committing perjury, he should seek the
help of a criminal defense attorney. The punishments for
falsifying information range greatly depending on the
state and the severity of the crime. Falsifying an
affidavit for tax purposes may result in federal criminal
charges.
Perjury in the Philippines
The crime of perjury is punished here in the Philippines in
accordance with the provision of Article 183 of the Revised Penal
Code (RPC). It states that the crime of perjury is committed by any
person who shall knowingly make untruthful statements or make an
affidavit, upon any material matter and required by law. It is
punishable by imprisonment of up to 2 years and four months.

Article 183 of the RPC is as follows –

“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 makes 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.;
“Any person who, in case of a solemn affirmation made in lieu of an
oath, shall commit any of the falsehoods mentioned in this and the
three preceding articles of this section, shall suffer the
respective penalties provided therein.”
Article 180 penalizes giving false testimony against the defendant
in any criminal case while Article 181 punishes offering false
testimony in favor of the defendant. On the other hand, Article 182
deals with persons found guilty of false testimony in a civil case.
Article 183 in fact refers to either of two punishable acts: 1)
falsely testifying under oath in a proceeding other than a criminal
or civil case; and 2) making a false affidavit before a person
authorized to administer an oath on any material matter where the
law requires an oath.

The elements of Perjury (Art. 183, RPC):

1. The accused made a statement under oath or executed an
affidavit upon a material matter;

2. The statement or affidavit was made before a competent

officer authorized to receive and administer oaths;

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3. In the statement or affidavit, the accused made a willful and

deliberate assertion of a falsehood; and

4. 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.)

[REPUBLIC ACT NO. 11594]

AN ACT INCREASING THE PENALTIES FOR PERJURY, AMENDING FOR THE
PURPOSE ARTICLES 183 AND 184 OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS “THE REVISED PENAL CODE”
• President Rodrigo Duterte has signed a law that would impose
a longer jail time for persons who commit perjury and offer
false testimony in evidence.
• Republic Act No. (RA) 115941, signed by Duterte on Oct. 29,
amended Article 183 of RA 3815 or the Revised Penal Code
(PRC), which penalizes perjury.
• Under RA 115941, persons who would commit perjury face a
higher penalty of prision mayor in its minimum period to
prision mayor in its medium period, from six years and one
day to 10 years of imprisonment.
• “The penalty of prision mayor in its minimum period to
prision mayor in its medium period shall be imposed upon any
person who, knowingly making 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,”
RA 115941 read.
• Previously, persons guilty of perjury were only sentenced to
arresto mayor in its maximum period to prision correcional in
its minimum period, or from four months and one day to two
years and four months of imprisonment.
• For public officers or employees who would commit perjury, RA
115941 states that the penalty of imprisonment will be
imposed in its maximum period, along with a fine of PHP 1
million, as well as perpetual disqualification from holding
any appointive or elective position in government.

Deposition of Witnesses

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
(https://www.law.cornell.edu).

▪ In criminal cases, depositions are normally taken to

preserve testimony from a witness. The procedures
for taking depositions in criminal cases recognize
the prosecution’s right to preserve testimonial

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evidence and prove its case despite the

unavailability of its witness

➢ Sample format of Deposition of Witness

Republic of the Philippines
REGIONAL TRIAL COURT
2nd Judicial Region
Branch 16
Quezon City

PEOPLE OF THE PHILLIPPINES, SEARCH WARRANT NO. 2022-5

Plaintiff, For: Violation of Section 28 (b) of Republic Act
10591 and Violation of Section 1 of
Republic Act 9516
-versus-
ALEXIS PUNTALAN y REYES
Respondent
x-------------------------------------------x

DEPOSITION OF WITNESS

I, TONI COO, after having duly sworn to testifies, as follows:

Question - What is your name and other personal circumstances?

Answer - I am TONI COO, 40 years old, married, presently residing in Brgy.14,

Quezon City.

Question - Do you know Police Senior Inspector ARNOLD PEREZ, the applicant
for Search Warrant?

Answer - Yes Your Honor, he is the Chief of Police of Station 4 Quezon City
Police District.

Question - Do you have personal knowledge that in the said premises

particularly in in Brgy.14, Quezon City, the following properties are
being kept, being used or intended to be used without proper
document?:

a. One (1) unit M16 (Armalite) rifle

b. One (1) unit pistol of unknown caliber
c. One (1) piece hand grenade
d. Dynamite and other materials used in making the same.

Answer -Yes Your Honor

Question - Do you personally know the persons who have control of the above-
described properties?

Answer -Yes Your Honor

Question - Who is the person who have control of the above-described

properties?

Answer - His name is Alexis Puntalan.

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Question - How did you know that the said properties premises which are
subject of the offense?

Answer - I am one of their neighbors who frequent their house especially when
my brother used to have a drinking spree with Alexis Puntalan. When
they were drinking inside their house, Puntalan always have with him
an Armalite riflé, a pistol of unknown caliber and a hand grenade
braggingly showing it to my brother. I also saw dynamites contained in
several glass bottles conspicuously located below their kitchen sink.

Question - What is the behavior of Alexis Puntalan in your neighborhood?

Answer -When Alexis Puntalan is drunk, he always challenged anybody to a

fight while carrying his Armalite rifle in the neighborhood. I considered
him as "toughie" in Brgy.14, Quezon City as people feared him
because of his previous several criminal records.

Question - What is your purpose in testifying against Alexis Puntalan?

Answer - I just want peace and tranquility in our neighborhood and do not want
any man be killed by the suspect. Mr. Punzalan is also one of the
supplier of dynamite in our place. Because of that, want also to stop
the dynamite fishing in our village which said contraband comes from
Alexis Puntalan.

TONI COO
Deponent

SUBSCRIBED AND SWORN to before me this ____ day of January 2022 in

Quezon City, Philippines.

ATTY. JOEL CRUZ

Administering Officer

Case Referrals
▪ Case referral is being accomplished by the investigation
unit furnished to the prosecution for the purpose of
conducting preliminary investigation or inquest.

NOTA BENE:

✓ Inquest is an informal and summary investigation

conducted by a public prosecutor in criminal case
involving persons arrested and detained without the
benefit of a warrant of arrest, issued by the court
for the purpose of determining whether or not the
said persons should remain under custody and
correspondingly be charged in court.

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✓ Who conducts an inquest and how is it conducted?

- The public prosecutor (fiscal) is the government

official mandated and authorized to conduct an
inquest.

- It is just an informal and summary investigation.

Informal, meaning it is not bound by the technical
rules of procedure. Summary, meaning it is not a
trial-type proceeding. The prosecutor will only
determine whether or not: (1) there was a valid
warrantless arrest; and (2) there is probable
cause to file a case (Information) against the
arrested person for the alleged commission of a
crime.

✓ What happens if the fiscal finds that the

warrantless arrest was properly effected?

- The arrested person shall be asked if he desires

to avail himself of a preliminary investigation.

• What is a preliminary investigation? It is

merely a proceeding to determine the existence
of probable cause after giving the arrested
person an opportunity to submit his counter-
affidavit (or any evidence he may produce)
within 10 days from the day he was brought for
inquest. The P.Í. shall be terminated within 15
days from its commencement. A preliminary
investigation is required to be conducted
before the filing of a compliant or
information for an offense where the
penalty prescribed by law is at least four
(4) years, two (2) months and one (1) day
without regard to the fine.

• Probable cause, for purposes of filing an

Information (criminal case) in court, has been
defined as such facts as are sufficient to
engender a well-founded belief that a crime has
been committed and that respondent is probably
guilty thereof, and should be held for trial.

• If the arrested person wishes to avail of a

preliminary investigation, he must first sign a
waiver of the provisions of Article 125 of the
Revised Penal Code.

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✓ Why does the arrested person have to first sign a

waiver of Art. 125 before he can avail of
preliminary investigation?

- Art. 125 mandates that the inquest proceeding (to

include the filing of the Information in court)
must be terminated within (a) 12-hrs for light
offenses; (b) 18-hrs for less grave offenses; and
(c) 36-hrs for grave offenses counted from the
time of arrest.

- If no Information is filed within the 12-18-36

hour reglementary period, the police officer
detaining the arrested person must release the
latter, otherwise, the police officer will be
liable for arbitrary detention if he continues to
detain the arrested person beyond the 12-18-36
hour reglementary period.

- That is the reason why the arrested person, if he

wishes to avail of preliminary investigation, must
first sign a waiver of Article 125 so that the
police officer detaining him will not be liable
for arbitrary detention considering that a
preliminary investigation takes at least 25 days
(10 days for the arrested person to submit his
counter-affidavit plus 15 days for the fiscal to
resolve) to be completed.

- NOTE: For crimes punished under the Anti-Terrorism

Act of 2020 (RA 11479), a suspected terrorist can
be detained for a maximum of 24 days without
violating Art. 125 of the RPC.

✓ Can an inquest be conducted beyond the 12-18-36 hour

reglementary period?

- GENERAL RULE: No. In such a case, the fiscal must

order the release of the arrested person, subject
to the approval of the prosecutor general or of the
provincial or city prosecutor.

- EXCEPTIONS:

1. Where an inquest falls on a non-working day,

Saturday, Sunday and holiday, and a prosecutor is
not available, the inquest proceedings shall be
conducted on the first office day following the
arrest.

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2. For offenses punished under the Anti-Terrorism

Act of 2020 (RA 11479), since a suspected
terrorist can be detained for a maximum of 24
days, this means that an inquest may be conducted
within such period without violating Art. 125 of
the RPC.

✓ What if the arrested person does not opt for a

preliminary investigation or refuses to execute the
said waiver?

- The inquest prosecutor shall proceed with the

conduct of the inquest proceeding, notwithstanding
the absence of a counsel, by examining the sworn
statements of the complainant and the witnesses
and other supporting evidence submitted.

- If the inquest prosecutor finds that probable

cause exists, he shall forthwith prepare the
Resolution and Information for filing in court.

✓ What if the fiscal is absent or unavailable, what

shall the arresting officer do?

- In the absence or unavailability of an inquest

prosecutor, the complaint may be filed by the
offended party or a peace officer directly with
the proper court on the basis of the affidavit of
the offended party or arresting officer or person.

- The "proper court" here means the trial court that

has territorial jurisdiction of the place where
the crime was committed.

✓ The inquest proceedings shall be considered commenced

upon receipt by the Inquest Officer from the law
enforcement authorities of the complaint/referral
documents which should include: the affidavit of
arrest, the investigation report, the statement of
the complainant and witnesses, and other supportive
evidence gathered by the police in the course of the
latter’s investigation of the criminal incident
involving the arrested or detained person.

✓ The Inquest Officer shall, as far as practicable,

cause the affidavit of arrest and
statements/affidavits of the complainant and the
witnesses to be subscribed and sworn to before him by
the arresting officer and the affiants.

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Sample format of Case Referral

(Regular Filing and Inquest)

Republic of the Philippines

Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
______________________________________
_______________________

(DATE)

The Honorable City Chief Prosecutor

Office of ________ Prosecutor
Justice Hall, _______

(Attn: Duty Inquest Prosecutor)

Greetings :

I have the honor to refer to your Office, the records of investigation relative to the case of (crime),
committed at about ______ of ________ at ______________.

COMPLAINANT : (Name, age, nationality, civil status and current address)

VICTIM : (Name, age, nationality, civil status and current address)

SUSPECT (ARRESTED/DETAINED) :
(Name, age, nationality, civil status and current address)

EVIDENCE RECOVERED :

FACTS OF THE CASE:

Investigation disclosed....

ENCLOSURES :

a) Subscribed NPS Investigative Data Form

b) SS of the complainant
c) SS of witness
d) SS of witness
e) Joint Affidavit of Arrest of
f) Medico-Legal Report
g) As stated evidence recovered
g) Death Certificate of the Victim
i) Anatomical Sketch of the Victim
j) Booking and Information of the suspect

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k) And others to be presented later.

This case will be presented to you by (Name of Investigator-on-Case) of this Office during the course
of inquest proceedings. Further, request furnished this Office copy of resolution of the case and other
proceedings.

For appropriate action and disposition.

___________________________
Chief of Police

Another Sample Format of Case Referral

Republic of the Philippines

Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
______________________________________

(Date)
Hon. Chief, State Prosecutor
Department of Justice,
Padre Faura, Manila

Sir/Madam:

Respectfully referred to your good office for inquest proceedings are the herein
record of investigation relative to a case for Robbery committed as follows:

VICTIMS/COMPLAINANTS: __________________

RESPONDENTS: ___________________________

WITNESSES: ______________________________

Date/Time and Place of Occurrence:

On _______ at about ________ along _________________.

Evidences:
1. Sworn Statement of Complainant/s
2. Sworn Statement of Witnesses
3. Joint affidavit of Arresting Police Officers
4. Others to be presented later.

FACTS OF THE CASE:

(Complete brief narrative of the facts)

This case will be presented by (name of investigator-on-case).

Very truly yours,

__________________________
(CHIEF OF OFFICE)

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The Chief City Prosecutor Allan O. Go

Office of the City Prosecutor
Justice Hall, Zamboanga City
(Attn: Duty Prosecutor)
April 1, 2021

Greetings:

I have the honor to refer to your Office; the records of investigation relative to the case
of ROBBERY with homicide, committed at about 02:22 PM of March 31, 2021 transpired at
the residence of Mr. Cesar C. Galanga located at Sto. Niño, Brgy. Putik, Zamboanga City

COMPLAINANT : Carmela Gulang y Cortez. 33 years old, Filipino, married, and a

resident of Sto. Niño, Brgy. Putik, Zamboanga City

VICTIM : Cesar Gulang y Calbay, 35 years old, Filipino, married, and a

resident of Sto. Niño, Brgy Putik, Zamboanga City.

RESPONDENT : Angelo Santua y Moris, 30 years old, Filipino, single and a resident of
Brgy. Boalan, Zamboanga City. (ARRESTED)

WITNESSES : Alex Gulang

Alfredo Buenas

Date/Time and Place of Occurrence:

On March 31, 2021 at about 2:22PM along Sto Niño Village, Brgy Putik,
Zamboanga City.

ENCLOSURES:

a) Subscribed NPS Investigative Data Form

b) Transmittal form address to the City fiscal office
c) Affidavit of Complaint/Witness of Mrs. Carmela C. Gulang
d) Sworn Statement of Witness of Alex Gulang
e) Sworn Statement of Witness of Alfredo Buenas
f) Joint Affidavit of Arrest
g) Booking and Information of the Suspect
h) Medical Certificate of the Arrested Suspect
i) Death Certificate of the Victim
j) Picture of Crime Scene and Victim
k) Spot Report
l) Others to be submitted later

FACTS OF THE CASE:

Investigation disclosed that on or about 02:22 o'clock in the afternoon of March 31, 2021
a robbery with homicide incident transpired at Sto Niño Village, Brgy Putik, Zamboanga City
particularly at the residence of one Cesar Gulang Y Calbay was robbed by unidentified
persons. The suspects gained entry to the above mentioned house by destroying the roof and

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passed through the comfort room of the master's bedroom. Suspects were able to secure a
duplicate key of the vault owned by the victim and carted away assorted jewelries worth more
or less seventy to eighty thousand pesos (PHP 70,000.00 - 80,000.00) Said duplicate key was
recovered at the crime scene. The responding police immediately made a hot pursuit operation
of the fleeing suspects and fortunately apprehended one suspect identified as Angelo Santua
y Moris, 30 years old and a resident of Brgy. Boalan, Zamboanga City and later revealed the
identity of his fleeing cohorts and identified as Russel Roy Paleng y Suano a resident of Brgy.
Boalan, Zamboanga City

This case will be presented by PO2 MARISE BINTANG with contact number
09171239876.

For appropriate action and disposition

PATRICK ANDRES SANTIAGO

Police Chief Inspector
Chief of Police

NPS Investigation Data Form

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Request for Preliminary Investigation and Waiver of ART.125 of

RPC
▪ A waiver of the provisions of Art. 125 of the Revised
Penal Code signed by the arrested person so he can avail
of a preliminary investigation allows the authorities to
detain a person arrested without a warrant beyond the
periods specified under Article 125 within which they are
required to deliver a person arrested without warrant to
the proper judicial authorities.

▪ Article 125, RPC: Delay in the Delivery of Detained

Persons to the Proper Judicial Authorities. The penalties
provided in the next preceding article shall be imposed
upon the public officer or employee who shall detain any
person for some legal ground and shall fail to deliver
such person to the proper judicial authorities within the
period of twelve (12) hours, for crimes or offenses
punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent, and thirty-
six (36) hours, for crimes or offenses punishable by
afflictive or capital penalties, or their equivalent.

▪ RULE 112 - PRELIMINARY INVESTIGATION

• Section 1. Preliminary investigation defined;
when required. – Preliminary investigation is an
inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded
belief that a crime has been committed and
the respondent is probably guilty thereof, and
should be held for trial.

• Except as provided in Section 7 of this Rule,

a preliminary investigation is required to be
conducted before the filing of a compliant or
information for an offense where the
penalty prescribed by law is at least four (4)
years, two (2) months and one (1) day without
regard to the fine.

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➢ Sample format of Request for Preliminary Investigation

and Waiver of ART.125 of RPC
Republic of the Philippines
DEPARTMENT OF JUSTICE
NATIONLA PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Muntinlupa City

NPS No._____________
FOR: RA 9165 (Sec. 5 & 11)
JUAN BACOBO y DIOSO
Complainant

-versus-

KARDO POLIO y CASIO

Respondent

x--------------------------------------------------x

REQUEST FOR PRELIMINARY INVESTIGATION AND WAIVER OF ARTICLE 125 OF

THE REVISED PENAL CODE

I wish to avail myself of my right to a preliminary investigation and for this purpose,
I hereby voluntarily waive my rights provided under Article of 125 of the Revised Penal
Code, pending the completion of the preliminary investigation proceedings. I likewise
agree to remain to under the police custody.

Muntinlupa City, Philippines. October 27, 2021

(place) (date)

(Sgd)
KARDO POLIO y CASIO
Respondent

Assisted by:

(Sgd)
ATTY. NOEL CRUZ
Counsel

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--------------------------------------------------------------
OTHER LEGAL FORMS RELEVANT TO LAW ENFORCEMENT
--------------------------------------------------------------
Application for Search Warrant
▪ Search Warrant. Rule 216, Section 1 of Criminal Procedure
defines search warrant as 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.

▪ A search warrant is in the nature of a criminal process akin

to writ of discovery. It is a special and peculiar remedy, and
drastic in nature. It is merely a judicial process designed
by the Rules to respond only to an incident in the main case,
if only one has already been instituted or in anticipation
thereof (Malavan vs. Court of Appeals, 232 SCRA 249).

▪ The securing of a search warrant is a measure that should be

encouraged earnestly to the end that the police authorities
will respect the constitutional and legal rights of the
persons whose premises are to be subjected to search (People
vs. Go,237 SCRA 73).

▪ The Supreme Court issued Circular No. 13 regarding the

guidelines and procedures in the issuance of search warrants.
This is a measure to better serve the public good and
facilitate the administration of justice. Below are some of
the guidelines applicable to this:
➢ All applications for search warrants, if filed with
the Executive Judge, shall be assigned by raffle, to
a judge within his/her administrative area, under
whose direction the search warrant shall be issued for
the search and seizure of personal property. After the
application has been raffled and distributed to a
branch, the judge who is assigned to conduct the
examination of the complainant and witnesses should
immediately act on the same, considering that the time
element and possible leakage of information are the
primary considerations in the issuance of search
warrants and seizures.

➢ The judge must, before issuing the warrant, personally

examine in the form of searching questions and
answers, in writing and under oath, the complainant

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and any witnesses he/she may produce and attach to the

record their sworn statements together with any
affidavits submitted. If the judge is thereupon
satisfied of the existence of the facts upon which the
application is based, or that there is probable cause
to believe that they exist, he/she must issue the
warrant substantially in the form prescribed by the
Rules.

➢ In every court, there shall be a logbook under the

custody of the Clerk of Court wherein shall be entered
within 24 hours after the issuance of the search
warrant the following: date and number of the warrant;
name of the issuing judge; name of the person against
whom the warrant is issued; offense cited in the
warrant; and name of the officer who applied for the
warrant and his/her witnesses.

Sample of Application for Search Warrant (lifted from DIDM Website)

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____, MANILA

PEOPLE OF THE PHILIPPINES

Plaintiff
SEARCH WARRANT NO._____

-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 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).

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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 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 S.W includes the
following:

a. Leads
b. ....

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
WHEREFORE, the Undersigned respectfully prays:

a. that the Honorable Court include in the Search Warrant and express authority to conduct
the raid of the above-mentioned premises at any time of the day or night including
SATURDAYS and SUNDAYS considering that these are the days when the customer
traffic are at its peak and to break open the premises to be searched should the owner
thereof refuse entry in the premises or is absent therein.

b. 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

CERTIFICATION AND VERIFICATION

I, THE UNDERSIGNED, under oath, depose and say that:

1. I am the applicant in the above-entitled application for Search Warrant;

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

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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 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: ___________________

Republic of the Philippines

Regional Trial Court
5th Judicial Region Branch 19
Naga City

People of the Philippines, Search Warrant No.____

Plaintiff
FOR: Violation of P.D. No. 1866, as
Amended (For Illegal/Unlawful
-versus- Possession of Firearms and
Ammunitions)
AQUILES CRUZ,
Accused
x-------------------------------------------x

APPLICATION FOR SEARCH WARRANT

The undersigned Police Chief Inspector RODEL CALUMPANG, a chief of police presently
assigned at Naga City Police Station, Naga City, Bicol, after having been duly sworn to in
accordance with law, do hereby depose and state:

1. That accused Aquiles Cruz, who may be found at his residence on Gold Street St. James
Subdivision. Barangay Concepcion Grande, Naga City, Bicol has, in his possession,
custody and control, the following firearms and ammunitions being kept inside his house
and premises to wit:

a. One (1) M16 Assault Rifle:

b. One (1).45 caliber Night Hawk pistol: and
c. Ammunitions of aforesaid firearms.

2. That verification made with the Provincial Firearms and Explosives Office. Camp
Bagombayan Naga City, shows that the accused, Aquiles Cruz, is not included in the list of
bona fide licensed firearms holders in the province of Bicol, or anywhere else in the
Philippines;

3. That the undersigned has personally verified the report and verily found it to be a fact and
has therefore reason to believe that a Search Warrant should be issued to enable the
undersigned to take possession and bring to this Honorable Court the above-mentioned
firearms and ammunitions that will be confiscated during the search;

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4. That the document attached herewith referred to and marked as "Annex 4" hereof) contains
the sworn narration of facts as stated by the undersigned.

5. WHEREFORE, the undersigned prays unto this Honorable Court to issue a search warrant
commanding any peace officer to search the said house and premises described in this
application and to seize and surrender to this Honorable Court the personal property
mentioned above to be dealt with as the law directs.

Naga City, Philippines, this 26th of August, 2021.

RODEL CALUMPANG
Police Chief Inspector

SUBSCRIBED AND SWORN to before me this 26th day of August, 2021 at Naga City,
Philippines.

______________________
Presiding Judge

Sample of Search Warrant Issued by the Court

Republic of the Philippines
REGIONAL TRIAL COURT
2nd Judicial Region
Branch 16
Bangui, Ilocos Norte

PEOPLE OF THE PHILLIPPINES, SEARCH WARRANT NO. 2022-5

Plaintiff For: Violation of Section 28 (b) of
Republic Act 10591
-versus-

DANILO REYES y DAMO

Respondent
x-------------------------------------------x

SEARCH WARRANT

TO ANY OFFICER OF THE LAW:

GREETINGS!

It appearing to the satisfaction of the undersigned after personally examining under oath
the applicant, PI ODILON SALACUP PALACAY and his witnesses/informants that there is probable
cause to believe that a Violation of Republic Act NO. 8294 particularly illegal possession of
unlicensed firearm and ammunitions is being committed and that there are good and sufficient
reasons to believe that accused DANILO DAMO REYES, is at present in possession, control and
custody of cal. 38 and live ammunitions and which he is keeping and concealing inside the
premises of his house located at Brgy. 10 Estancia, Pasuquin, Ilocos Norte, and which illegal
firearm and ammunitions should be seized and brought to the undersigned.

NOW, THEREFORE, you are commanded to make an immediate search at DAYTIME

ONLY of the house of DANILO DAMO REYES, located at Brgy. 10 Estancia, Pasuquin, Ilocos

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Norte and forthwith seize and confiscate the above-described firearm and ammunitions thereupon
bring the same to the undersigned to be dealt with as the law provides.

This search warrant shall be valid for ten (10) days from issuance.

WITNESS my hand this 7th day of August 2012 at Bangui, Ilocos Norte.

ROSEMARIE V. RAMOS
Presiding Judge

Certification of Legally, Peacefully and Orderly Execution of

Search Warrant

Sample Format of Certification of Legally, Peacefully and Orderly Execution of

Search Warrant

Republic of the Philippines

Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
______________________________________

_______________________

CERTIFICATION OF LEGALLY, PEACEFULLY AND ORDERLY

EXECUTION OF SEARCH WARRANT:

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that elements of _________________________________ stationed

at Camp Crame, Quezon City, have today _________________, 200__conducted Search and
Seizure in my residence/premises located at ______________________________________,
_____________ by virtue of Search Warrant No.________ issued by Honorable Judge
________________________________,Executive/ Presiding Judge of Branch ______, RTC,
____________________ dated ___________________:

That during the course of their search, they found and recovered the following personal
properties of mine which is the subject of the Search Warrant, to wit;
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________

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_______________________________________________________________________________
__________________________________

I FURTHER CERTIFY that the search was done in peaceful, appropriate and orderly manner
and nothing were taken by the searching party aside from those enumerated above.

_________________________
(Signature over printed name of owner)

SIGNED IN THE PRESENCE OF:

1.) ______________________________ 2.) _______________________________

(Signature over printed name) (Signature over printed name)

SEARCHING PARTY/TEAM LEADER:

____________________________________
Signature over printed name)

SUBSCRIBED AND SWORN to before me this ____ day of ____________20___

at___________________________________________________, ______________________.

____________________________
(Administering Officer)

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Turn-over of Crime Scene Form and Physical Evidence

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Glossary
Affidavit. A verified, formal sworn statement of fact signed
by an affiant or author, and witnessed by a notary public
Affidavit of arrest. Statement on the facts and circumstances
surrounding an arrest given under oath by an arresting officer
Affidavit of complaint. Sworn statement executed by the
offended party disclosing therein the acts or omissions
complained of as constituting the offense
Affidavit of desistance. Written statement under oath by the
complainant stating that said person is no longer interested
in pursuing the case against another
Affidavit of witness. Legal and binding written testimony of a
witness used as evidence in court
Answer. Pleading in which a defending party sets forth his/her
defenses
Appearance notice. Official notice telling a person to appear
in court at a specific time and place to answer to a criminal
charge delivered by a police officer.
Business forms. Documents that set forth the creation,
transfer, modification or limitation of rights to real or
personal properties, and such other forms related to business
contracts or transactions
Complaint. 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
Criminal action. Procedure by which a person accused of
committing a crime is charged, brought to trial, and judged
Cross-claim. Any claim by one party against a co-party arising
out of the transaction or occurrence that is the subject
matter either of the original action or of a counterclaim
therein
Declatory relief. A judge’s determination of the parties’
rights under a contract or a statute, often prayed for in a
lawsuit over a contract
Deposition. Formal written statement, made by a witness to a
crime, which can be used in court if the witness cannot be
present

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Escheat. Right of a government to take ownership of estate

assets or unclaimed property when an individual dies with no
will and heirs
Habeas corpus. Writ directed to a person detaining another and
commanding that person to produce the body of the prisoner at
a certain time and place and to state the cause of his/her
capture and detention
Inquest. Informal and summary investigation conducted by a
public prosecutor in criminal case involving persons arrested
and detained without the benefit of a warrant of arrest,
issued by the court for the purpose of determining whether or
not said persons should remain under custody and
correspondingly be charged in court
Interpleader. Suit pleaded between two parties to determine a
matter of claim or right to property held by a third party
Judicial forms. Forms which appertain to different kinds of
pleadings, applications, petitions, affidavits, motions and
other court proceedings
Legal forms. Prototypes of documents or forms used in legal
transactions or judicial proceedings which contain important
matters conveyed in technical terminologies and presented in
suitable and systematic order in accordance with the
circumstances of any case
Mandamus. Judicial writ issued as a command to an inferior
court or ordering a person to perform a public or statutory
duty
Motion. Application for relief other than by a pleading
Motion for reconsideration. Legal filing where a party to a
lawsuit requests the court to review a prior decision and
consider issuing a new or different decision in the light of
that review
Notary public. Public figure authorized by government to
administer oaths, authenticate contracts, acknowledge deeds,
certify documents, etc.
Notice of appeal. Formal notice served by the appellant on the
court and the parties involved, informing them of the
appellant’s intention to request review of a lower court’s
order
Ordinary civil action. One by which a party sues another for
the enforcement or protection of a right or the prevention or
redness of a wrong

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Perjury. Offense of willfully telling an untruth in a court

after having taken an oath or affirmation
Prohibition. Action of forbidding something by law
Quo Warranto. Special civil action whereby a person claiming
to be entitled to a public office or position files an action
against a usurper challenging the authority of the latter in
holding said public office or position
Search warrant. Order issued by a judge authorizing law
enforcement officers to search for personal property described
therein and bring it before that court
Subpoena. Writ commanding a person designated in it to appear
in court under a penalty for failure
Subpoena ad testificandum. Writ ordering a person to appear
and give oral testimony for use at a hearing or trial, or face
punishment
Subpoena duces tecum. Writ ordering a person to appear before
the court bringing with him/her certain designated documents
or physical evidence, or face punishment
Summons. Official notice telling a person that he/she has to
appear in court at a specific time and place to answer to a
criminal charge, which may be received in the mail
Sworn statement. Document containing facts related to a legal
proceeding made under oath
Warrant of arrest. Written order by a judge for the taking of
a person into custody in order that he/she may be bound to
answer for the commission of an offense.

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