CHRISTIAN POLYTECHNIC INSTITUTE OF CATANDUANES, INC.
COLLEGE OF CRIMINAL JUSTICE EDUCATION
BACHELOR OF SCIENCE IN CRIMINOLOGY
Francia, Virac, Catanduanes
2nd Semester
MODULE 5
FORMS OF AFFIDAVIT IN LAW ENFORCEMENT
1. Affidavit of Arrest
An affidavit of Arrest is a statement given under oath and penalty under perjury. This states about
facts and circumstances about the arrest, the information which lead to the arrest, and the observation made
before and after the arrest. This is generally filled out by the arresting officer. It may also be referred to as
an arrest report.
-a sworn statement made by an arresting officer detailing the facts and circumstances surrounding the
arrest. It serves as a legal document, often used to initiate criminal proceedings, and outlines the
information leading to the arrest and the events that transpired before and after.
Contents; it includes the details such as the identity of the arrested person, the nature of the offense, the
time and location of the arrest, the basis for the arrest (e.g., witness identification, probable cause), and any
relevant evidence.
Arrest – is the taking into custody of a person, pursuit to the laws of arrest, for whom a police officer has
probable cause to believe has committed a crime.
Affiant – An officer who swears under oath that the information contained in an affidavit (statement of
probable cause) is true.
- affiant or nagpapahayag ‘literally means the one who ‘declares or the one who states’
While nagpapatotoo ‘means’ the one who attests’ or the one who witnesses. Both options effectively
convey the meaning of affiant.
2. Affidavit of Complaint
Section 3 of Rule 110 defined complaint as a sworn written statement charging a person with
offense, subscribed by the offended party, any peace officer,other public law officer charged with the
enforcement of the law violated.
A complaint may be filed either before the prosecutor’s office court, and in certain cases filing of a
complaint is necessary to conduct preliminary investigation. The persons who may file a criminal
complaint are: The offended party – this is the person against whom or against whose property the crime
was committed, any peace officer- this includes any member of the Philippine National Police, and other
public officer charged with the enforcement of the law violated – this includes person in the government
services (e.g. Authorized BIR Agent, Customs Agent, etc.). When a person brings a complaint affidavit to
court with the intention of filing the civil suit, a summons form is also filled out to alert the defendant to
the fact that a complaint has been filed.
An affidavit of complaint contains the following: The name of the accused, the designation of the
offense by the statue, the acts or omissions complained of as constituting the offense, the name of the
CHRISTIAN POLYTECHNIC INSTITUTE OF CATANDUANES, INC.
COLLEGE OF CRIMINAL JUSTICE EDUCATION
BACHELOR OF SCIENCE IN CRIMINOLOGY
Francia, Virac, Catanduanes
2nd Semester
general offended party, the approximate time of the commission of the offense, and the place wherein the
offense was committed.
3. Judicial Affidavit
A sworn written statement from a witness in a case. It is a document that sets out the evidence that
the witness wants to give. It is the witness’s direct testimony. Under the Judicial Affidavit Rule, judicial
affidavit must be in question-and-answer form.
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. The witness being deposed
is called the “deponent”. –
a legal process where a witness called “deponent” provides sworn testimony under oath outside the court,
often as part of the discovery process in a lawsuit. This is essentially a formal statement or testimony given
by a witness, which can alter used in court in certain circumstances.
DEPONENT – An individual whose deposition, or sworn out-of-court testimony, is taken during
the discovery process. – use to describe the person giving the statement.
KINDS OF DEPOSITION
1. Deposition De Bene Esse ‘for preserving testimony’ (for what’s it worth) – one filed after a
case has already been filed in court, i.e to preserve testimony in danger of being lost before the
witness can be examined in court. – is taken to preserve evidence for pending action.
- Securing evidence for current pending cases.
Examples:
a. the witness scheduled to leave abroad with no possibility of returning
b. the witness is so sick and might die
2. Deposition Perpetuam Rei Memoriam (perpetual remembrance of an event) – one taken in
anticipation of a case not yet filed in court- it is taken to preserve evidence for a future, anticipated action.’
taken before a case filed’.
- securing evidence for potential future cases
NOTE: Deposition is one of the modes of discovery available to the parties to a case as a means of
informing themselves of all the relevant facts. They are not meant to be a substitute for the actual testimony
in open court, on the ground that it is hearsay since the party against whom it is offered has no opportunity
to cross – examine the deponent at the trial or hearing.
AFFIDAVIT VS DEPOSITION
Depositions are spoken and recorded, while affidavit are written.
4. Affidavit of Desistance
A complainant executes an affidavit of desistance when he 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
CHRISTIAN POLYTECHNIC INSTITUTE OF CATANDUANES, INC.
COLLEGE OF CRIMINAL JUSTICE EDUCATION
BACHELOR OF SCIENCE IN CRIMINOLOGY
Francia, Virac, Catanduanes
2nd Semester
institute the case and he/she no longer interested in testifying or prosecuting. The Affidavit of Desistance is
filed before the office or court where the complaint is pending or being investigated.
This is only a 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.
EFFECT OF AFFIDAVIT OF DESISTANCE IN CRIMINAL CASE
It does not bar the People of the Philippines from prosecuting the criminal action, but it operates as
a waiver of the right to pursue civil indemnity.
RECANTATION – means the witness who previously gave a testimony subsequently declares that his/her
statements were not true.
5. Reply Affidavit
As an affidavit served in court proceedings in which a deponent responds to another party’s
evidence where that party’s evidence was itself in response to evidence served by the party serving the
reply affidavit
6. Counter Affidavits
It is an affidavit responding to and contradicting the affidavit produced by an adversary. It is an
affidavit made in opposition to one already made. This is allowed in the preliminary examination of some
cases.
7. Rejoinder Affidavit
The answer made by a defendant in the second stage of that rebuts or denies the assertions made in
the plaintiff’s replication. The rejoinder allows a defendant to present a more responsive and specific
statement challenging the allegations made against him or her by the plaintiff.
8. Affidavit of Denial for NBI Clearance
May be submitted to clear one’s name when there are other records bearing the same name with
pending case or derogatory information.
9. Affidavit of Undertaking
Is done in order to promise in course for the legal proceedings, and also to refrain from the act of
doing anything.
PRELIMINARY INJUNCTION – is an order granted at any stage of an action or proceeding prior to the
judgment or final order, requiring a party to an administrative case or any third person to refrain from a
particular act or acts. It may also require the performance of a particular act or acts; in which case it shall
be known as a preliminary mandatory injunction.
10. Affidavit of Loss
CHRISTIAN POLYTECHNIC INSTITUTE OF CATANDUANES, INC.
COLLEGE OF CRIMINAL JUSTICE EDUCATION
BACHELOR OF SCIENCE IN CRIMINOLOGY
Francia, Virac, Catanduanes
2nd Semester
A written statement that describes the facts concerning the loss of an object, usually a document
such as an identification card, a driver’s license, passport, or documents relating to the registration of
vehicles.
OTHER LEGAL FORMS RELEVANT TO LAW ENFORCEMENT
1. Search Warrant
Is an order in writing, issued in the name of the People of the Philippine Islands, signed by a judge
or a justice of the peace, and directed to a peace officer, commanding him to search for personal property
and bring it before the court.
PROBABLE CAUSE – refers to such facts and circumstances which would lead a reasonably discreet and
prudent man to believe that an offense has been committed and that the objects sought in connection with
the offense are in the place sought to be searched.
The properties subject of seizure under Rule 126, Sec 2 of the Rules of Court are:
a. Subject of the offense;
b. Stolen or embezzled property and other fruits or proceeds of the offense; and
c. Property used or intended to be used as a means for the commission of an offense
2. Petition to Wire Tapping
An application to the court requesting for the issuance of an order allowing the conduct of
wiretapping.
WIRETAPPING – the practice of connecting a listening device to a telephone line to secretly monitor a
conversation
WARRANT TO INTERCEPT COMPUTER DATA (WICD) – an order in writing issued in the name
of the People of the Philippines, signed by a judge, upon application of law enforcement authorities,
authorizing the latter to carry out any or all of the following activities: (a) listening to, (b) recording, (c0
monitoring, or (d) surveillance of the content of communications, including procuring of the content of
computer data, either directly, through access and use of computer system or indirectly, through the use of
electronic eavesdropping or tapping device, at the same time that the communication is occurring.
3. Request for the Preliminary Investigation
A respondent’s request to the court for the conduct of a preliminary investigation. In most cases, the
request is built as follows:
I ------ respondent in the above-entitled complaint, and with the assistance of my counsel, wish to avail myself of my right
to a preliminary investigation and for this purpose, I hereby voluntarily waive my rights under the provisions of Article
125 of the Revised Penal Code. Pending the completion of the preliminary investigation proceedings, I agree to remain
under police custody.
4. Motion for Reconsideration
CHRISTIAN POLYTECHNIC INSTITUTE OF CATANDUANES, INC.
COLLEGE OF CRIMINAL JUSTICE EDUCATION
BACHELOR OF SCIENCE IN CRIMINOLOGY
Francia, Virac, Catanduanes
2nd Semester
Is a motion that a person file when they want the judge to take a second look at the decision that
they feel was incorrect.
BASIS FOR FILING:
a. The damages awarded are excessive;
b. The evidence is insufficient to justify the decision; or
c. The decision is contrary to law
5. Notice of Appeal
A written document filed by the appellant with the court and a copy of which is sent to the appellee
– is the initial step in the appeals process. It informs the court and the party in whose favor a judgment or
order has been made that the unsuccessful party seeks a review of the case.
Motion for reconsideration vs Appeal
A motion to reconsider is asking the judge to change his own ruling. An appeal asks to a higher court to
overturn the ruling
6. Commitment Order
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.
7. Inquest Forms
The Department of Justice issued Department Circular No. 61 on the New Rules of Inquest. Below
are some citations of the Rules related to Inquest.
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 corresponding
be charged in court.
The City or Provincial Prosecutor shall designate the Prosecutors assigned to inquest duties and
shall furnish the Philippine National Police (PNP) a list of their names and their schedule of assignment. If,
however, there is only one Prosecutor in the area, all inquest cases shall be referred to him for appropriate
action.
Unless otherwise directed by the City or Provincial Prosecutor, those assigned to the inquest duties
shall discharged their functions during the hours of their designated assignments, and only be done at the
police stations/headquarters of the PNP in order to expedite and facilitate the disposition of inquest cases.
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:
a. the affidavit of arrest;
CHRISTIAN POLYTECHNIC INSTITUTE OF CATANDUANES, INC.
COLLEGE OF CRIMINAL JUSTICE EDUCATION
BACHELOR OF SCIENCE IN CRIMINOLOGY
Francia, Virac, Catanduanes
2nd Semester
b. the investigation report;
c. the statement of the complainant and witnesses; and
d. 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. The inquest proceedings must be terminated within the period prescribed under the provisions
of Article 125 of the Revised Penal Code, as amended.
FORMAT AND STYLE – all pleadings, motions, and similar papers intended for the court and quasi-
judicial body’s consideration and action shall be written in single space with 1 ½ space between
paragraphs using an easily readable font style of the party’s choice, 14 font size, and 13 inches by 8.5
inches white bond paper.
PLEADINGS – is written statements of the respective claims and defense of the parties submitted to the
court for appropriate judgment. Examples are Complaint, Answer, Reply, Rejoinder
MARGINS and PRINTS – a left hand margin of 1.5 inches from the edge, an upper margin of 1.2 inches
from the edge, a right-hand margin of 1.0 inch from the edge, and lower margin of 1.0 inch from the edge
