CDINV 8 Modules

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MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P age |1

University of Antique
College of Arts and Sciences
Criminology Program

COMPLIED
MODULES
in

CDINV 8
(TECHNICAL ENGLISH 2 –
LEGAL FORMS)

Name: ____________________________________________
Course/ Year and Section:_____________________________
Instructor: Lormie Lyn C. Wenceslao, M.S. Crim.

CDINV 8: Technical English 2 (Legal Forms) University of Antique


MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P age |2

Module 1
Lesson 1: INVESTIGATIVE REPORT and LEGAL FORMS

INTRODUCTION
Nowadays, the people are relaying to much from the
graduates of Criminal Justice Education in terms of delivery of
services for they know for a fact that they are well trained in
terms of theory and practices and in other techniques while
they are in school.
If you're a police officer or security guard, knowing how to
write up a detailed and accurate report is important. A well
written incident report gives a thorough account of what
happened and sticks to the facts. If you're trying to write a
police report, or are curious about how the police put together Source: https://www.wikihow.com/Write-a-Police-Report

their reports, learning what to include and how to format the report is helpful.
The effectiveness of an investigator is judged to a large extent by his investigation reports. The
reputation of an investigator is measured to a large extent by the kind of report he submits. The report
on finished cases provides the vehicle for higher headquarters to take action on the matter.
Accurate and intelligent reporting and documentation is crucial to Law Enforcement. Police
officers spend a significant amount of time completing paperwork necessary for the criminal justice
process. An officer is most often the first point of contact in a criminal situation, and having professional
writing skills is imperative to creating a thorough, well-written report.

Intended Learning Outcome

At the end of the lesson students must be able to:

✓ Explain the general concepts and purposes of Police Report Writing


✓ Apply the concepts and purposes of Police Report Writing in criminal
investigation.

The difference between Investigative Report Writing and Legal Forms

Writing an investigative report is one of the most tedious


tasks an investigator undertakes. But, because it’s an important
showcase of the investigation, you can’t skimp on this critical
investigation step. Your investigative report reflects on you and your
investigation, so make sure it’s as clear, comprehensive, accurate and
polished as possible.
The legal form (also known as legal status) is defined
according to national legislation. It is useful for eliminating ambiguity
in identification searches and as the possible criterion for selection or
stratification for surveys. It is also used for defining the institutional
sector. The legal from a firm chooses to operate under is an
important decision with implications for how a firm structures its Photo Source: htpps:/www.drawthatstory.com

resources and assets.

CDINV 8: Technical English 2 (Legal Forms) University of Antique


MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P age |3

Lesson 2: POLICE REPORT

Police Report is any written matter prepared by the Police involving their inter action with the
community.

- An exact narration of facts discovered during the course of crime investigation which serves
as a permanent written record for future reference.
- A permanent record of police activities classified as formal and informal which communicates
important facts concerning people involved in criminal activities.

Types of Police Report

• Informal Report – usually a letter or memorandum or any one of many prescribed or used in day-
by-day police operations. It customarily carries three items besides the text proper; date
submitted, subject and person(s) to whom submitted.
• Formal Report – suggests a full-dress treatment, including cover, title page, letter of transmittal,
summary sheet, text, appendices and perhaps an index and bibliography.

Classification of Police Report

• Performance Report – contains information as to the status of an activity, activities or operations.


• Fact-finding report – involves the gathering and presentation of data in logical order, without an
attempt to draw conclusions.
• Technical Report – presents data on a specialized subject.
• Problem-determining Report- attempts to find the causes underlying a problem or to find whether
or not a problem really exists.
• Problem-solution Report – which analyzes the thought process that lies behind the solution of a
particular problem.

Categories of Police Reports

• Operational Report – include those relating to reporting of police incidents, investigation, arrests,
identification of persons, and mass of miscellaneous reports necessary to conduct of routine
police operations.
• Internal Business Reports – relate to the reporting necessary to the management of the agency
and include financial reports, personnel reports, purchase reports, equipment reports, property
maintenance reports, and general correspondence.
• Technical Reports - presents data on any specialized subject, but usually relate to completed
staff work and add to the specific knowledge necessary to proper functioning of police
management.
• Summary Reports – furnish intelligence information necessary to the solution of crime accident,
and police administrative problems.

Purposes of Police Report

a. Serves as the raw materials from which records system are made.
b. Reveal as part of the component of the record system, the direct relationship between the
efficiency of the department and the quality of its reports and reporting procedures.
c. Guide police administrators for policy formulation and decision making.
d. Serve as a gauge/yardstick for efficiency evaluation of police officers.
e. Guide prosecutors and courts in the trial of criminal cases investigated by the police.

*An Investigative Report has many purposes.

a. It’s a document that sparks some sort of action based on the official findings it presents. This
could be a termination of employment, corrective action, implementation of training, counselling,
or some other action taken based on the findings.

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b. The investigation report is also a record of the steps of the investigation. It can be used to prove
that your investigation was timely, complete and fair.
c. The information contained in the investigation report may be cited in any legal action, so it’s
important that the report is detailed and accurate, but does not include unnecessary detail that
can get the company into trouble.
d. The process of writing the investigation report can sometimes clarify your thinking and can even
uncover additional questions that provide new insight into a case.
e. And finally, the investigation report provides valuable data that can be used to implement control
and preventive measures in your company.

Common Problems in Police Reports

1. Time-consuming reporting demands limit officer visibility

Law enforcement officials recognize and respect the role accurate documentation plays in their
job, but today’s reporting processes can be unproductive and labor-intensive. According to a recent
national survey of police departments, almost 40% of officers revealed that incident reporting and other
documentation tasks can take 3-4 hours to complete, resulting in a quarter of their day dedicated solely
to paperwork. This is time officers can’t put toward protecting the communities they serve and can
radically limit their visibility. For this reason, many departments attending conferences like IACP will be
looking at the new tools available that can help reduce administrative burdens and get officers back to
what matters most – protecting and serving the community.

2. Choosing between speed and accuracy

Police paperwork is integral to moving court proceedings along, and can even determine criminal
convictions. As such, it’s crucial that police reports and other documents related to proceedings are
completed not only quickly, but accurately. As transparency in policing has become a bigger priority in
recent years, reporting carries even more importance. The question facing officers, then, is how do they
document time-sensitive information, where each detail holds significance, without sacrificing speed or
specificity? More and more departments are relying on new solutions, such as voice-powered speech
recognition tools, to help officers dictate information in real-time, while the details are still fresh in their
mind, resulting in more thorough, accurate reports.

3. Outdated systems lead to officer safety issues and poor ergonomics

In the survey, just over half of the respondents cited dissatisfaction with legacy Computer Aided
Dispatch (CAD) and Records Management Systems (RMS) and expressed interest in new solutions to
help. Outdated interfaces make these systems difficult to use, plus the effort to navigate them can even
cause physical discomfort; hunched over in their patrol cars, officers must twist and turn to type and
search for data, often resulting in lower back, wrist and neck pain. More seriously, when officers are
operating these systems, they’re forfeiting their situational awareness by being heads-down and not
connected to their surroundings, making them more vulnerable to ambush attacks or accidents. It’s not
surprising then that many departments continually seek solutions that will help improve safety and not
hamper it.

*Computer Aided Dispatch (CAD) – The dispatch system is a computer-based method to dispatch
police officers and first responders. The system may be able to send messages, store data
such as radio logs, information, and schedules.
*Record Management System (RMS) – is an agency-wide system that provides for the storage,
retrieval, retention, manipulation, archiving, and viewing of information, records, documents,
or files pertaining to law enforcement operations.

4. Siloed technology delays the sharing of mission-critical information

Current police reporting tools need to be overhauled and innovated. Legacy CAD/RMS systems
are siloed, making it a challenge to connect officers and their command staff to vital details. In
emergency situations when lives are on the line, this information cannot be held up. Incorporating
intelligent voice-powered technologies, like Dragon Law Enforcement, for instance, make it not only more
convenient and faster to help search for and document mission-critical information, but for public safety
officials, who need to spend the majority of their time attuned with their surroundings, it’s also safer.

CDINV 8: Technical English 2 (Legal Forms) University of Antique


MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P age |5

They can capture, document and share information within the CAD/RMS by voice, all while staying heads-
up and situationally aware.

Important Uses of Report Writing


1. Serves as records for police administration in planning, directing, and organizing the unit’s duties.
2. Used as legal documents in the prosecution of criminals.
3. Can be utilized by other agencies as basis for their reports and accomplishments.
4. Useful of tri-media for public information purposes.
5. Can be utilized for research purposes.
6. Improve the personality of the writer.

Criteria to be Considered in Report Writing

1. Clarity – must be clear, written directly and easy to understand.


2. Accuracy – must conform with the established rules of syntax, format, spelling, and grammar.
The data presented must be precise and information given is factual.
3. Brevity – must be short, with simple sentences, common words and easy to understand.
4. Specificity – must be specify by using concrete examples. It must give life to the written words;
e.g., hues, movements, quantities and shapes.
5. Completeness – must answer the 5Ws and 1H.
6. Timeliness – must be submitted on time. As much as possible immediately after the incident has
happened.
7. Security – must be considered classified, hence, transmission, handling, and access to these
reports should be limited only to the police personnel who are granted by higher authority
security clearance. It is a top-secret document.
8. Impartiality – must know what the receiving office needs to know. Important data must not be
omitted or added to conceal responsibilities, to impute liabilities or to favor parties.

Lesson 3: THE POLICE BLOTTER


Circular Number 5 issued by the General Headquarters, Philippine National Police dated
December 10, 1992, is the rule “PRESCRIBING UNIFORM POLICE BLOTTER FOR THE PHILIPPINE
NATIONAL POLICE”. This rule shall be followed by the different police offices and units throughout the
country in making an entry of events and incidents on the police blotter.

Police Blotter - is a record of daily events occurring within the territories and jurisdictions of a given
police unit or command. It contains material details concerning the vent for legal, and statistical
purposes. It is also where all types of operation and undercover dispatched shall be recorded
containing the 5 Ws and 1H of an information.
- It refers to a book that records arrests and other facts and events in a police station, on a daily
basis. Arrests are recorded in a police blotter as they occur. Details such as name, age, and
address of the suspect/person arrested, time and place of an incident, name of the officer who
responded to the incident, and name of the victim/complaining person should be included in a
police blotter.

FORM AND SIZE OF POLICE BLOTTER


The Police Blotter shall be a record book with hard cover and shall be 12 inches by 16 inches in
size.
The front cover of the blotter shall contain the name or designation of the police force and
particular police district or station, together with the designation of the specific police unit or sub-station,
the volume or book number, the series number and the period covered.

CDINV 8: Technical English 2 (Legal Forms) University of Antique


MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P age |6

CONTENTS OF A POLICE BLOTTER

a. What e. Why
b. Who f. How
c. When g. Disposition of the case
d. Where

PURPOSE OF POLICE BLOTTER


- As the basis to acquire an informal record book containing records of events (arrest) for use of
police station in cases of need for evidentiary or referral purposes.
- Used to keep people informed of activities within the police jurisdiction. It is also used to compile
statistical information, identify problems in the community, or identify police training needs.
These reports are needed to facilitate investigations, prepare court cases, or defend cases in
court.

PROCEDURE IN MAKING ENTRIES INTO THE POLICE BLOTTER:


1. All entries into the police blotter shall be handwritten in clear, concise and simple manner but must
answer as far as practicable the 5 Ws and 1 H.
2. Only Facts are entered into the blotter.
3. No erasure shall be made on the entries. Corrections are made by drawing a horizontal line across
such word or phrase and initialed by the police officer making the correction.
4. A ball pen or pen with blue, black or blue-black ink is used for making the entries.
5. Misrepresentation in the blotter or any attempt to suppress any information is punishable criminally
and administratively.
6. All entries must be legible written in longhand and consecutively numbered.
7. Every page of the blotter shall be consecutively and chronologically filled up. No line or space shall
be left blank between any two entries.
8. Any development of the case to he reflected in the blotter shall be a new entry at the time and day
it was reported. A reference to the previous entry number of the case should be made.
9. During every shift, the duty sergeant under the supervision of the duty officer or complaint desk
officer shall make the actual entries on the blotter and at the end of their tour of duty, both
shall sign the police blotter.

SAMPLE POLICE BLOTTER ENTRY

ENTRY NO. DATE TIME EVENTS/ INCIDENTS DISPOSITION

12”

16”
Lesson 4: The 5Ws and 1H of Police Reports

CDINV 8: Technical English 2 (Legal Forms) University of Antique


MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P age |7

The police officer need not to be literary genius to write a good police report. If the officer knows his 5Ws
and 1H, his report will be complete even though it might not be a literary masterpiece. The 5Ws (who,
what, when, where, why) and 1H (how) can be a useful guide to report writers, especially the beginners.

Importance of 5Ws and 1H


As an investigator, it is important to ask the right questions. In every situation, you should
understand and evaluate each context, objectives and constraints. This detailed analysis of each fact
allows you to approach a problem in the best possible way. In order to achieve this methodical thinking,
you should use this simple, reliable and versatile tool: the 5W1H method.
The following is a list of the variations that can be derived from these:
✓ Why were the witnesses reluctant to
❖ WHAT give information?
✓ What specific offense has been ✓ Why is the suspect lying?
committed? ✓ Why did the perpetrators pick a
✓ What type of property was attacked? particular time to commit the crime?
✓ What do the witnesses know?
✓ What evidence was obtained? ❖ HOW
✓ What was done with the evidence? ✓ How was the crime committed?
✓ What tools were used? ✓ How did the criminal get to the scene?
✓ How as the crime discovered?
❖ WHO ✓ How did the criminal leave the scene?
✓ Who was the victim? ✓ How were the tools for the crime
✓ Who was the complainant? obtained?
✓ Who discovered the crime? ✓ How were the tools or weapons used?
✓ Who had a motive for committing the ✓ How was the crime reported?
crime?
✓ Who committed the crime?
✓ Who helped him?

❖ WHERE
✓ Where was crime committed?
✓ Where was the crime discovered?
✓ Where was the victim found?
✓ Where was the entry made?
✓ Where was the exit made?
✓ Where were the tools that were used
in the crime obtained?
✓ Where was the suspect seen during the
crime?
✓ Where was the suspect last seen?

❖ WHEN
✓ When was the crime committed?
✓ When was it discovered?
✓ When was the victim last seen?
✓ When were the authorities notified?
✓ When did they arrive at the scene?
✓ When was the victim last seen?

❖ WHY
✓ Why was the crime committed?
✓ Why were the witness reluctant to give
information?
✓ Why were certain tools used?
✓ Why was the crime reported late?

NOTE:
Generally, the "who", "when", and "where" will appear at the beginning of the report. The reader needs to
know the persons involved, the date and time the incident happened, and the location in which it took place.
"What" happened is usually unfolded throughout the report. The "How" is closely related to the "what". The
"Why" belongs before or after the "what", depending on the situation.

CDINV 8: Technical English 2 (Legal Forms) University of Antique


MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P age |8

Module 2
Investigative Reports
Introduction

An investigative report is created with the intent that it may be used in a court of law. It
should be succinct and focus on the mission or goal of the investigation. The investigator's
primary purpose is to locate information and, thus, evidence on a precise matter,
to recover significant documents, or recover certain file types and any date and
timestamps. The goal of the investigation will be defined by your client.
Your client could be internal to the organization you work for or
another investigator or lawyer. Spending time documenting the
objective will generally save time and reduce the cost of the
examination. Always ensure that the investigative report specifies
the mission of an investigation.

An investigation report is a document that details the


findings of an investigation as soon as a formal complaint is
filed or an incident occurs. This is where investigators record
the issues of the matter, analyze the evidence, and formulate a
conclusion. It is impartial and based on evidence, not on the
opinions of an investigator or the parties involved.

Intended Learning Outcome

At the end of the lesson students must be able to:

✓ Describe the concepts initial, progress and final investigation


✓ Develop critical thinking in making initial/spot, progress, final
investigative reports
✓ Construct entries of police blotter
✓ Make an affidavit of complaint
✓ Procedure an investigative data form

Lesson 1: Types of Investigative Report

Initial /Spot Report

A concise narrative report of essential information covering events or conditions that may have
an immediate and significant effect on current planning and operations that is afforded the mos
t expeditious means of transmission consistent with requisite security.

CDINV 8: Technical English 2 (Legal Forms) University of Antique


MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P age |9

Sample format of Spot Report

Republic of the Philippines


Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
_______________________________________

___________________________

MEMORANDUM

FOR :

FROM :

SUBJECT : Spot Report

DATE :

1. (Indicate briefly the date/time, and place of occurrence)

2. (Brief facts of the case)

3. (Other Facts)

4. Requested/recommended actions from HQs.

5. Progress report will follow

________________________

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Progress Investigation Report

This report should be submitted by the Case Officer regarding the apprehension of other
suspects, recovery of the evidence and all other development of the case.

Sample format of Progress Report

Republic of the Philippines


Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
_______________________________________

___________________________

MEMORANDUM

FOR :

FROM :

SUBJECT : Progress Report

DATE :

1. Reference: (previous related Memos)

2. (Indicate briefly the date/time and place of occurrence) example

3. (Brief facts of the case)

4. (Other Facts)

5. Requested/recommended actions from HQs.

6. Disposition/ Action Taken

7. Final Report will follow

_________________________

CDINV 8: Technical English 2 (Legal Forms) University of Antique


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Final Investigation Report
This report contains a word picture of all information developed during the investigation.
All materials included should be concise, accurate and complete, as it becomes a permanent
record and may be used by prosecutors and attorneys in the preparation of cases for trial.

Sample Report of Final Report

Republic of the Philippines


Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
_______________________________________

___________________________

MEMORANDUM

FOR :

FROM :

SUBJECT : Final Report

DATE :

1. Reference: (previous related Memos)

2. (Indicated briefly the date/time, and place of occurrence)

3. Background/Brief facts of the case

4. Sequence of Events

5. Summary of Action

6. Recommendation/ Conclusion

7. Disposition/findings

8. For your information

_______________________________

CDINV 8: Technical English 2 (Legal Forms) University of Antique


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Sworn Statement
A written statement of fact related to a legal proceeding. It is signed by the declarant (person
stating the oath) to state that all the content is true, and that they acknowledge that the
penalty of perjury may follow if they do not tell the truth. Purpose of which is to establish the
crime happened to the authority and to give immediate actions to resolve the crime in a just
manner.

Sample Format of Sworn Statement (Question and Answer)


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,
NGAYON 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 -

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 -

Pahina 2. Karugtong ng malaya at kusang loob na salaysay ni ____________________________, ngayong ika-


___ ng _____, 20___.

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?

CDINV 8: Technical English 2 (Legal Forms) University of Antique


MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P a g e | 13
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 -

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

CDINV 8: Technical English 2 (Legal Forms) University of Antique


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Sample Format of Sworn Statement (Narrative)

Republika ng Pilipinas )
Lungsod ng Quezon, )S.S
x- - - - - - - - - - - - - - - - x

SINUMPAANG SALAYSAY

AKO, si _____________________________, Filipino, ___ taong gulang, walang asawa/may asawa,


naninirahan sa _________________________________________ ______________________________, matapos
na makapanumpa nang naaayon sa saligang batas ng Pilipinas ay nagsasaad ng mga sumusunod:

Na, noong _________, isang nagngangalang ____________________________ na taga


__________________________ at/o may Agency na ___________________ _____________________________ na
matatagpuan sa ________________________ ___________________ ay nagpakilala sa akin na may kakayahan na
mangalap ng mga manggagawa para sa ibang bansa partikularmente sa bansang _________ sa pamamagitan ng
___________;

Na ako, sa buong pagtitiwala ay nag-aplay sa taong naturan bilang isang ___________________;

Na, ang taong nabanggit ay pinangakuan ako ng trabaho sa ibang bansa na bilang kapalit ako ay
pinagbibigay/pinagbabayad na aking naman ibinigay/ibinayad ang mga sumusunod:

HALAGA/BAGAY PETSA LUGAR/TUMANGGAP

____________________ _______________ _____________________


____________________ _______________ _____________________
____________________ _______________ _____________________
____________________ _______________ _____________________
____________________ _______________ _____________________
____________________ _______________ _____________________
____________________ _______________ _____________________
____________________ _______________ _____________________

Na, ang nasabing mga halaga/bagay ay tinanggap ni _________________________, at ang nasabing tao ( )
NAGBIGAY ( ) HINDI NAGBIGAY ng kaukulang resibo;

Na, sa kabuuan halaga ako ay nahingian at/o nagbigay ng pera sa taong naturan na umabot sa halagang
humigit kumulang sa ____________ ( ) kasama na ang aking mga nagastos habang ako ay nag-aaplay ( ) hindi pa
kasama ang aking mga nagastos habang ako ay nag-aaplay sa kanya;

Na, noon ________, ako ay lumuwas patungong Maynila sakay ng _____________ at ako ay dumiretso sa
bahay/agency na matatagpuan sa
_____________________________________________________________________;
Na, habang ako ay nag-aantay ng aking pag-alis, ako ay pansamantalang pinatira ng taong naturan sa
kanyang bahay na matatagpuan sa ________________________________________. Ako tumuloy sa nasabing
bahay sa loob ng _______________. Habang ako ay nanunuluyan sa nasabing bahay ako ay pinagbabayad ng
halagang _______ bawat araw/buwan para sa aking pagkain at iba pang gastusin para sa aking pansamantalang
panunuluyan;

Na, habang ako ay pansamantalang nanunuluyan sa nasabing bahay, ako ay kanyang pinagawa ng mga
gawain bahay tulad ng ______________________________________________________________________ Ito
raw umanoy ay parte ng aking training bilang isang __________________;

Na, ang taong nabanggit ( ) ay nabigo na maipadala ako sa ibang bansa. ( ) ako’y nakaalis papunta
sa nasabing bansa bilang isang ____________ upang magtrabaho noong ___________ at bumalik noong
___________ sa kadahilanang
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________;

Na, ang taong nabanggit ay nabigo at/o ayaw ibalik ang aking pera/papeles sa kabila ng aking paulit-ulit na
kahilingan;

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MODULE ǀ TECHINICAL ENLISH 2 (LEGAL FORMS) P a g e | 15
Na, aking natuklasan na ang taong naturan ay walang lisensya o karapatan na mangalap at magpadala ng
mga manggagawa sa ibang bansa;

Na, hanggang sa ngayon ang taong nabanggit ay pinapangakuan ako na matutuloy maka-alis patungong
ibang bansa at ako ay kanyang hinihingian ng dadag na bayad na nagkakahalaga sa ___________ kapalit ng aking
diumano’y pag-alis;

Na, ang taong naturan ay naninirahan at/o maaaring mapasabihan sa


_____________________________________________________________________;

Na ginawa ko ang Sinumpaang Salaysay na ito upang ihabla si/sina


_____________________________________________________________________________________________
_______________________________________________ng illegal recruitment at/o estafa at/o Human Trafficking;

Na, aking pinatutunayan na ako ay hindi naghain ng reklamong katulad nito sa mga taong nabanggit sa iba
pang ahensya o sangay ng pamahalaan maliban dito.

BILANG PATUNAY, ako ay lumagda sa ibabaw ng aking pangalan ngayon ika-______ ng _________, _____.

_________________
Lagda

SINUMPAAN AT PINATOTOHANAN sa harap ko ngayon ika __________ ng ___________, _____.


Pinatutunayan ko na ang nagsalaysay ay aking nasiyasat at ako ay may sapat na paniniwala na siya ay kusa at
malayang nagsalaysay.

_____________________
Administering Officer

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Module 2
Lesson 2. Requisites in filing the complaint

A police blotter is a record of daily events occurring within the territories and
jurisdictions of a given police unit or command. It contains material details concerning the vent
for legal, and statistical purposes.
The classifications of police records are in five (5) categories namely:
1. Case Records
2. Arrest and Booking Records
3. Identification Records
4. Administrative Records and;
5. Miscellaneous Records

A. Case Records –
A case record is composed of two (2) categories:
o Complaint’ Assignment Sheet – which reflects all information regarding
complaints and reports received by the police from citizens, and other agencies or
actions initiated by the police.
o Investigative Report – which contains the findings and action taken by the
investigating officer based on inquiries made and by obtaining the available facts of
the incident.
- It is a document that details the findings of an investigation as soon as a formal
complaint is filed or an incident occurs. This is where investigators record
the issues of the matter, analyze the evidence, and formulate a conclusion.

The Case Record is the heart of any police records system.


- It is the basis for an analysis of offenses and the methods by which they are committed.
Included under the case records are the complaint and assignment sheets which shall be
accomplished accordingly by all concerned.

Complaint/ Assignment Sheet – the complaint/ assignment sheet is the foundation


record of the police department, the desk officer, or clerk, or telephone operator receiving a
call for police assistance accomplishes it. Each complaint/ assignment sheet shall be
assigned a different number.

B. Arrest and Booking Records – this record maintains the arrest and jail booking report,
which is required for all person arrested. It shall bear an arrest number for each arrest
made.

C. Identification Records – identification records is the third major division of police records.
Fingerprint records are the heart are the heart of any identification system. It provides
positive identification and the police must supplement it with a record of physical
characteristics and in some cases a photograph of the criminal. Identification records have
their own number series and identification number is assigned to each criminal to identify
records relating to him.
D. Administrative Records – these records required in the management of the department’s
personnel and designed to aid in assignments, promotion and disciplinary action. Such
record is so essential in administering personnel matters that they must be maintained in a
police department.
E. Miscellaneous Records – these are records, which do not relate recorded complaints and
investigation reports but are informational in character.
How do you document recording and filing system?

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The nature of police works justifies and give emphasis on criminal records. To be fully effective,
a police record system must be:
1. Must be comprehensive and should include every incident coming to the attention of
the police;
2. Must be adequately indexed to permit ready reference;
3. Must be centralized to provide adequate control and maximum utilization of clerical
personnel;
4. Must be as simple as possible, consistent with adequacy; and
5. Must lend itself to summarization and analysis to permit continuing appraisal of the
police service.
How many numbering system do we have in the Police?
a. Complaint number
b. Case number
- The complaint/assignment sheet becomes the primary document for analysis of crime
concurrences
- While the investigative report becomes the prime documents for the continuation of the
investigation concurrences.
- Two (2) copies of the complaint/ assignment sheet shall be made for each complaint
requiring a case report.
c. A separate complaint/ assignment sheet is required for each crime or incident reported
to the police.
d. It makes no difference whether the complaint is reported by telephone, by letter, in
person at the police desk, to an officer on duty, or otherwise.
e. The complaint/assignment sheet is registered by stamping a serial number on each;
when registered, the complaint/ assignment sheet becomes a part of the record system
f. There shall be a consecutive series of complaint numbers assigned by the desk officer.
g. The complaint number must not be confused with the case number.
h. All incidents shall receive a complaint number, however, only those incidents requiring a
police investigation shall receive a case number.
i. The case number identifies each case and all other papers and reports relating to it and
serves as a basis for filing.
j. The desk officer receiving the call need to obtain detailed obtain detailed information
from the complaint but should secure the basic information needed to prepare the
complaint/ assignment sheet.
k. If the complaint is lodged in the precinct, the desk officer of the precinct shall prepare
the complaint/assignment sheet in two (2) copies indicating thereon the complaint
number assigned by the Central Records Unit.
l. The original copy shall be forwarded to the Central Record Unit.
Investigative Report – is prepared as written report on the findings of the investigator.
a. Case Report - this report shall be accomplished by the investigator or member making
preliminary investigation of crimes reported to the police.
- The investigating officer shall submit this report at the end of the tour of duty.
- This report shall be prepared in the number of copies required by the department for
distribution.
- For uniformity of crime reporting this shall follow the prescribed classification of offenses
indicated, while duplicate copy shall remain in the precinct concerned of the
corresponding action.
- The officer assigned to a case shall make the report at the end of their tour of duty.

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SPOT REPORT FOR VIOLATION OF LAW

Sample Format of Complaint Sheet (Carnapping Incident)

Republic of the Philippines


Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
______________________________________

_______________________

Date: _____________________

COMPLAINT SHEET

Name of Suspects:
______________________________________________________________________
Last Known Address:
______________________________________________________________________
Nature of Offense:
______________________________________________________________________
Place Where Offense was Committed:
______________________________________________________________________
Date/Time Offense was Committed:
______________________________________________________________________Local Police
Office First Reported:
______________________________________________________________________Date Reported:
______________________________________________________________________
Witness: ______________________________________________________________________

Brief Statement of Complaint Sketch


___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________

Description of the Motor Vehicle


Make/Type Year Model Color

Plate Number Chassis Number Engine Number

MV File Number Registered Owner Address

CERTIFICATION

I, ___________________________________, after having been duly sworn to in accordance to


law do hereby depose and say:
That I am the complainant of the aforesaid complaint;
That I have read the essence and signed the same;
That all the allegations contained herein are true and correct to the best of my knowledge and
hereby warrant under penalty of perjury and;
That I will immediately inform the PNP-HPG in case the above described motor vehicle is recovered
(by us) so that alarm could be lifted.

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Conformed By: _________________________ _______________________


(Registered Owner) (Driver)

Address: __________________________
Tel/Cell No. _______________________

SUBSCRIBED AND SWORN to before me this ______day of __________., affiant exhibited to me


his/her Residence Certificate No.___________________ issued at _____________ on
________________.

_________________
(Notary Public)

Note: Person found guilty of perjury is liable under Art. 183 of the Revised Penal Code.

Sample Format of Complaint Sheet (Other Crimes)

Republic of the Philippines


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

COMPLAINT SHEET
Complaint No.________________ Date:
_________________
1. REPORTED THRU: 2. Previously Reported to other agency:
[ ] In Person [ ] Yes [ ] No
[ ] Telephone If yes;
[ ] Other a. To what agency
_____________________________
b. BY whom
__________________________________
c. Date/time
__________________________________

3. Nature of Complaint/Info 4. Place of Occurrence/Incident 5. Date/time

6. Name of Complainant/Informer 7. Address 8. Tel No.

9. Name(s) of Victim(s) 10. Age 11.Sex 12. Address 13. Tel No.

14. Name(s) of Suspect(s) 15. Alias 16.Sex 17.Age 18. Address

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19. Name(s) of Witness(es) 20. Address 21. Tel No.

22. Brief facts/narrative of complaint (Use back page, if necessary)

23. Remarks of the receiving officer (especially if reporter refused to be identified):

a. Dialect (Accent): ________________________________


b. Female/Male:
c. Possible Age: __________________________________
d. Possible place where the caller is: ____________________________________
e. Intoxicated or not: _________________________________________________
f. Others:: _________________________________________________________

24. I certify that the details of the 25. SUBSCRIBED AND SWORN to before
complaint/info stated above are true and me this ____ day of April 2009 at Camp
correct to the best of my knowledge. Crame, Quezon City.

__________________________________
Printed Name & Signature of Complainant/Informer

26. Date/Time/Complaint/Info Received 27. Printed name/Signature of Receiving


Officer

28. Assigned to: 29. Noted by:

CONFIDENTIAL

RADIO MESSAGE FORM:


The Radio Message Form is used when preparing radiographic messages intended for
transmission throughout the Philippine National Police. This form is patterned to the procedures
of the Armed Forces of the Philippines.

IMPORTANT TERMS:
The message, originator, drafter, releasing officer and text are important terms which are
defined for clarification purposes.
1. Message
A message is any idea expressed in plain or secret languages prepared in any form suitable
for transmission by any means of communication.
2. Originator
Also termed as the sender, who conveys the message to a receiver.
3. Drafter/ Receiver

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One that drafts, who receives the message sent by the sender. This person can also be
referred to as the recipient or destination of the information. The receiver is responsible
for making sense of the message. The meaning of the message must be decoded by the
receiver before it can be absorbed. Only once the receiver has decoded the message
and has gathered what he or she understands, the message, can an action take place.
4. Releasing Officer
A properly designated individual who may authorize the sending of a message for and in
the name of the originator.
5. Text
a book or other written or printed work, regarded in terms of its content rather than its
physical form. It is any form of communication that humans create. Whenever humans
engage in any act of communication, a text serves as the vehicle for communication.

SAMPLE RADIO MESSAGE

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Republic of the Philippines


National Police Commission
PHILIPPINE NATIONAL POLICE REGIONAL OFFICE I
Pangasinan Police Provincial Office
Urbiztondo Police Station
Urbiztondo, Pangasinan

UPSIDMS

MEMORANDUM

FOR : The Provincial Director


Pangasinan Police Provincial Office
Lingayen, Pangasinan
(Attn: AC, PIDMB)

SUBJECT : Spot Report on Arrested Wanted Person

DATE : February 17, 2020

1. References:
a. Warrant of Arrest and Police Blotter Entry Number 0162, dated
February 17, 2020.

2. In connection with the above references, request be informed that at about 2:35
PM of this date at Brgy. Poblacion, Urbiztondo, Pangasinan, joint elements of this station and PIB
Pangasinan PPO led by the undersigned, had arrested one Teofilo Ferrer y Ferrer, 67 years old,
married, high school graduate, farmer and a resident of Brgy. Camanbugan, Urbiztondo,
Pangasinan, by virtue of Warrant of Arrest for a crime of Violation Section 28 of RA 10591 with
Criminal Case No. SCC-11041, issued by HON JUDGE JAIME L DOJILLO JR, Acting Presiding
Judge of Regional Trial Court, First Judicial Region, Branch 57, San Carlos City, Pangasinan
dated February 12, 2020 with recommended fixed bail bond of One Hundred Twenty Thousand
Pesos (Php 120,000.00).

3. Arrested suspect was duly apprised of his constitutional rights best understood by him
and now under the custody of this station for proper disposition.

4. Investigator-On-Case PSSg Ryan DC Sabangan/09102536148.

FREDDIE K LORENZO
Police Captain
Officer-In-Charge

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Republic of the Philippines )


Taguig,City) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF COMPLAINT

The UNDERSIGNED, Sarah De Guzman, accuses Roberto Cruz, of THEFT, committed


as follows, to wit:

That on June 21, 2017, at about eight o’clock in the morning, in the residence of the
complainant in Brgy. 123 Lower Bicutan, Taguig City , Philippines, the said accused did then and
there willfully, unlawfully, feloniously, and by means of taking of personal property, committed
THEFT, upon the undersigned directly by overt acts to wit:

1. The accused visited the house of the complainant, looking for the of complainant’s
husband, Ronald De Guzman, saying that they have a friend to meet that day of June 21, 2017;

2. The complainant let the accused enter their house and asked him to stay in the sofa of
their living room while waiting for their husband;

3. The complainant asked the accused whether he wants something to drink while waiting
for her husband;

4. When complainant has prepared the drink for the accused while waiting, she found out
that her Gucci wallet containing cash amounting to thousand pesos (P10,000.00),various IDs and
credit cards and her cellphone, Iphone X, that she left at the table near the sofa were gone.

5. That complainant is very much sure that no one has entered their house except the
accused.

6. Upon inquiry with the accused, he denied having taken these mentioned personal
properties.

The undersigned executed this affidavit to attest the truthfulness of the foregoing facts and
to support the filing of Criminal Cases against Roberto Cruz for violations of Article 308 of the
Revised Penal Code for the crime of THEFT.

Executed this 30th day of June, 2017.

Sarah De Guzman
Offended Party

SUBSCRIBED AND SWORN to before me this 30th day of June, 2017 at Taguig City. I
HEREBY CERTIFY that I have personally examined the herein offended party and I am satisfied
that they voluntarily executed and understood their given affidavit.

Philip Briones
PUBLIC PROSECUTOR
WITNESSES:

Republic of the Philippines )


MAKATI CITY ) s.s.

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

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:

01. That on or about 11 o’clock in the evening April 25, 2008, I, 2nd 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.

02. That immediately after receiving the report, we proceeded in the reported place and that
thereat, we saw the persons of Baron Geisler , Patricia Martinez and Jose Garcia.

03. That upon interview on Patricia Martinez – she alleges that Baron Geisler committed an act
of lasciviousness with Patricia Martinez, by touching her breast and left thigh.

04. That we invited Baron Geisler to go with us in the Police Station to clarify things which he
readily acceded.

05. That we informed Baron Geisler 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.

06. IN TRUTH TO THESE WE HEREUNTO affixed our signatures below to the truthfulness of
the foregoing.

SP01 Antonio Rodriguez P02 Manuel Santos


1st Affiant 2nd Affiant

SUBSCRIBED AND SWORN to before me this ____ day of __________________ at Makati


City, Philippines.

RODRIGO DELA CRUZ


Police Inspector
Oath Administering Officer

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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
Department of Justice
National Prosecution Service
Office of the Provincial Prosecutor
________________________________

INVESTIGATION DATA FORM

To be accomplished by the Office

DATE RECEIVED_______________ NPS DOCKET NO._____________


(stamped and initialed)________ Assigned to:_________________
Time received:_______________ Date Assigned:_______________
Receiving Staff:______________

To be accomplished by the complainant/counsel/law enforcer


(Use back portion if not sufficient)

COMPLAINANT/S: Name, Sex, Age, Address RESPONDENT/S: Name, Sex, Age, Address

C Bank, Inc., Represented By: , Male Madison


PETER CONDE, Male, ., Batino Calamba City, Laguna
20 M. Paulino St., Cor. Burgos St.,
San Jose City, Laguna

LAW/S VIOLATED WITNESS/ES: Name and Address


Estafa , Pugaro, Manaoag,

, Baritao, Manaoag, Pangasinan

DATE AND TIME OF COMMISSION PLACE OF COMMISSION


May 2018 - January 2019 Pangasinan

1. Has a similar complaint been filed before any other offices? Yes __ No / if yes,
indicate details
below
2. Is this complaint in the nature of a counter-charge? Yes___ No / if yes,
Indicate details below
4. Is this complaint related to another case before this office?
Yes___ No / if yes,
Indicate details below
I.S./NPS Docket No. _______________________
Handling Prosecutor _______________________

CERTIFICATION

I CERTIFY under oath, that all the information on this sheet are true and correct to the best of my knowledge
and belief, that I have not commenced any action or filed any claim involving the same issues in any court, tribunal,
or quasi-judicial agency, and that I should thereafter learn that a similar action has been filed and/or is pending, I
shall report that fact to this Honorable Office within five(5) days from knowledge thereof.

Peter Conde
(Signature Over Printed Name)

SUBSCRIBED AND SWORN to before me this ________day of _______________, 2019 at


__________________________.

____________________________
Administering Officer

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Sample format of Case Referral (Regular Filing and Inquest)

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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
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

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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)

References:
https://didm.pnp.gov.ph/index.php/reports-forms/legal-forms
https://www.sciencedirect.com/topics/computer-science/investigative-report
https://safetyculture.com/checklists/investigation-report/

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MODULE 3
Forms in Warrants
Introduction

A warrant is a document issued by a legal or government official


authorizing the police or some other body to make an arrest, search
premises, or carry out some other action relating to the
administration of justice.
Warrant is defined as to guarantee, assure or give someone authority
to do something. An example of warrant is to guarantee the freshness
of flowers in a delivery. An example of warrant is to promise the
delivery of goods tomorrow morning. Authorization or certification;
sanction, as given by a superior.
If the complaint or one or more affidavits filed with the complaint
establish probable cause to believe that an offense has been
committed and that the defendant committed it, the judge must issue Photo Source:
www//htpps//gograph.com
an arrest warrant to an officer authorized to execute it. At the request of an attorney for the government,
the judge must issue a summons, instead of a warrant, to a person authorized to serve it. A judge may
issue more than one warrant or summons on the same complaint. If an individual defendant fails to
appear in response to a summons, a judge may, and upon request of an attorney for the government
must, issue a warrant. If an organizational defendant fails to appear in response to a summons, a judge
may take any action authorized by United States law.

Lesson 1: Warrant of Arrest and Search Warrant


SEARCH WARRANT is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court. (Section 1, Rule 126, Rules of Court in Criminal Procedure)

An application for search warrant shall be filed with the following (Section 2, Rule 126, Rules of Court
in Criminal Procedure):
a) Any court within whose territorial jurisdiction a crime was committed.
b) For compelling reasons stated in the application, any court within the judicial region where the
crime was committed if the place of the commission of the crime is known, or any court within the
judicial region where the warrant shall be enforced.

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

Personal property to be seized (Section 3, Rule 126, Rules of Court in Criminal Procedure)
A search warrant may be issued for the search and seizure of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense.

Requisites for issuing search warrant (Section 4, Rule 126, Rules of Court in Criminal Procedure)
A search warrant shall not issue except upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be searched and
the things to be seized which may be anywhere in the Philippines.

Time of making search (Section 9, Rule 126, Rules of Court in Criminal Procedure)
The warrant must direct that it be served in the day time, unless the affidavit asserts that the
property is on the person or in the place ordered to be searched, in which case a direction may be
inserted that it be served at any time of the day or night.

Validity of search warrant (Section 10, Rule 126, Rules of Court in Criminal Procedure)
A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void. (9a)

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Rule 113, Arrest
Execution of warrant (Section 4, Rule 113, Rules of Court in Criminal Procedure)
The head of the office to whom the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of
the period, the officer to whom it was assigned for execution shall make a report to the judge who issued
the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor.

Arrest without warrant; when lawful (Section 5, Rule 113, Rules of Court in Criminal Procedure)
A peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested has
committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred from one confinement to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall
be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance
with section 7 of Rule 112.

Time of making arrest (Section 6, Rule 113, Rules of Court in Criminal Procedure)
An arrest may be made on any day and at any time of the day or night.

How Police Obtain Search Warrants


Police officers obtain search warrants by convincing a neutral and detached magistrate that they
have probable cause to believe that criminal activity is occurring at the place to be searched or that
evidence of a crime may be found there. Usually, the police provide the judge or magistrate with
information in the form of written statements under oath, called "affidavits," which report either their
own observations or those of private citizens or police informants. If the magistrate believes that the
affidavit establishes probable cause to conduct a search, he or she will issue a warrant.
The suspect, who may be connected with the place to be searched, is not present when the
warrant is issued and therefore cannot contest the issue of probable cause at that time. However, the
suspect can later challenge the validity of the warrant.
More on Affidavits
An affidavit is a written statement of facts that the "affiant" (person making the statement)
swears to be true. An affidavit typically requires a signature and usually includes language acknowledging
that the affiant is open to prosecution for perjury if any assertions aren't true. Often, for the affidavit to
be legally valid, the affiant must swear to the statement in front of an authorized person, like a notary or
county clerk.
Affidavits aren't used only in criminal cases—they're actually quite common in civil matters. For
example, an attorney might include one in support of a motion in a personal injury lawsuit.
What Police Can Search for and Seize Under a Warrant
The police can search only the place described in a warrant and for only the property that the
warrant describes. They cannot search a house if the warrant specifies the backyard, nor can they search
for weapons if the warrant specifies marijuana plants. However, that doesn't mean that officers can seize
only those items listed in the warrant. If, in the course of their search, police officers come across
contraband or evidence of a crime that is not listed in the warrant, they can often seize it.
If the warrant specifies a certain person to be searched, the police can search only that person,
unless they have independent probable cause to search other persons who happen to be present at the
scene. If an officer merely has a reasonable suspicion that an onlooker is engaged in criminal activity, she
can only detain and question the onlooker and, if necessary for her safety, conduct a frisk for weapons
(but not a full search). (For more on this topic, see below.) (Ybarra v. Illinois, 444 U.S. 85
(1979), Michigan v. Summers, 452 U.S. 692 (1981).)

When Search Warrants Aren't Required


Many searches occur without warrants. Over the years, courts have defined a number of
situations in which a search warrant isn't necessary, either because the search is reasonable under the
circumstances or because, due to a lack of a reasonable expectation of privacy, the Fourth Amendment
doesn't apply at all. (For additional information to what's below, see our section on Exceptions to the
Warrant Requirement.)

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Consent Searches
What if the person in control of the premises freely and voluntarily agrees to the search? If the
police limit their search to whatever the person agreed to, the search will usually be valid. But courts
don't necessarily require that the police ask for permission before searching each and every room or
object; they often find that the initial consent was broad enough to justify whatever search the officers
conducted, so long as the police officer's interpretation of the consent was reasonable. For example, if a
tenant consents to a search of his or her "house," a court may determine that a reasonable interpretation
of "house" includes rooms, closets, attics, and basements located within the dwelling. On the other hand,
a reasonable interpretation of "house" may not include vehicles, backyard storage sheds, detached
greenhouses, or any buildings or property located outside the dwelling
Courts consider consent valid if the police reasonably believed that the consenting person had
the authority to consent, even if it turned out that he or she didn't. And officers don't have to warn
people that they have a right to refuse consent to a search. (Florida v. Jimeno, 500 U.S. 248
(1991), Illinois v. Rodriguez, 497 U.S. 177 (1990), Schneckloth v. Bustamonte, 412 U.S. 218 (1973).)
Many disputes about consent have to do with who has the right to consent. If there are two or more
tenants in one dwelling, courts often rule that the consent of one is enough for a search of at least some
parts of the premises. (See Frazier v. Cupp, 394 U.S. 731 (1969), United States v. Matlock, 415 U.S. 164
(1973), Georgia v. Randolph, 547 U.S. 103 (2006).)

The Plain View Doctrine


A police officer doesn't need a warrant to seize contraband or evidence that is "in plain view" if
the officer is legitimately in the area where the evidence or contraband is first spotted. (The officer must
have probable cause to believe the item is evidence or contraband in order to seize it, though.) So, if an
officer who has lawfully pulled you over spots what appears to be cocaine on the passenger seat, he can
probably examine it, seize it, and arrest you. (Coolidge v. New Hampshire, 403 U.S. 443 (1971), Arizona
v. Hicks, 480 U.S. 321 (1987).)

Search Made in Connection With an Arrest


A police officer doesn't need a warrant to conduct a search "incident to" an arrest. After a lawful
arrest, an officer has the right to search the arrestee and the area within the arrestee's immediate
control. (United States v. Robinson, 414 U.S. 218 (1973).) (For more information, read about cellphone
searches after arrest and car searches by police.)
Police may sometimes also make what's known as a "protective sweep" of the premises following
an arrest. They can "sweep" if they have reason to suspect that a dangerous accomplice might be hiding
in the area in question. Even without that kind of suspicion, they typically may look in spaces immediately
next to the area of the arrest that could hold a hidden attacker.
A protective sweep is supposed to be limited to a cursory visual inspection of places where an
accomplice might be hiding. For example, police officers can often look under beds and inside closets. If
a sweep is lawful, the police can seize contraband or evidence of crime that is in plain view during the
sweep. But the sweep must be aimed at protecting the officers, not gathering evidence.

Is it lawful for an officer to pat down the suspect without a warrant?


A police officer may stop an individual to conduct a field interview if the officer has reasonable
suspicion that criminal activity has been, is being or is about to be committed. During the field interview,
the officer may conduct a pat-down search of the outer garments for weapons if the officer has a
reasonable fear for his or her own safety as well as that of others.

What recourse does it have if a search was conducted unlawfully?


If evidence is obtained without a valid search warrant, and no exception to the warrant
requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents
illegally obtained evidence from being admitted in a court of law. Evidence gathered on the basis of
illegally obtained evidence (known as "fruit of the poisonous tree") will also be excluded.

The Emergency Exception


As a general rule, the police are authorized to conduct a warrantless search when the time it
would take to get a warrant would jeopardize public safety or lead to the loss of important evidence.

Example situations:
Situation A.
Following a street drug arrest, an officer enters the house after the suspect shouts into the
house, "Eddie, quick, flush it!" The officer arrests Eddie and seizes the stash.

Situation B.

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A police officer on routine patrol hears shouts and screams coming from a residence, rushes in,
and arrests a suspect for spousal abuse.
Situation C.
A police officer in "hot pursuit" of a fleeing felon continues the chase into the suspect's home in
order to make the arrest.

NOTE: In these types of emergency situations, an officer's duty to protect people and preserve evidence
outweighs the warrant requirement. (United States v. Santana, 427 U.S. 38 (1976), Cupp v. Murphy, 412
U.S. 291 (1973).) But not all emergency situations are cut and dry. For instance, the Supreme Court held
that "hot pursuit" of someone suspected of a minor crime (such as a noise violation or misdemeanor)
won't always justify warrantless entry of a home. (Lange v. California, 594 U.S. __ (2021).)

Stop and Frisk


A police officer may stop someone he reasonably suspects of criminal activity, and he
may frisk the person for weapons if he reasonably suspects the person is armed and dangerous. This
type of warrantless "search" is known as a Terry frisk. If the stop or frisk leads to probable cause for a
full-blown arrest, the officer can conduct a search incident to arrest (above). (Terry v. Ohio, 392 U.S. 1
(1967); for much more on Terry stops and frisks, see our section on detentions by police.)

Sample Format for Search Warrant

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Sample of Search Warrant

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Sample of Application for Search Warrant

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Sample of Warrant of Arrest

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Sample of Compliance/ Return of Warrant of Arrest (from RTC)

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Sample of Compliance/ Return of Warrant of Arrest (for the Honorable Court)

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Module 3.
Lesson 2. Arrest Report and other Forms Needed in Case Folder

An arrest report is a record of a law enforcement agency of an arrest and of any related
detention or confinement incident together with the connected charge.
Its purpose is to record the incident, names, witnesses, the crime itself, offenders involved, and
the nature of the incident. It also serves as a means of recording all details of the criminal activity
involved, whether that information is significant at the time or not.

A. Inquest Report
An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause
of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require
an autopsy carried out by a coroner or medical examiner.
An inquest uses witnesses, but suspects are not permitted to defend themselves. The verdict can be,
for example, natural death, accidental death, misadventure, suicide, or murder. If the verdict is murder or
culpable accident, criminal prosecution may follow, and suspects are able to defend themselves there.

Sample Inquest Report

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The Miranda Doctrine

The policy of police arrest in the Philippines requires the reading of the Miranda doctrine to the
arrestee as stipulated in the Philippine Constitution. This Miranda doctrine provides an arrestee or any
suspect an awareness of his right to remain silent and to get his own lawyer.

The Miranda Rule is an important rule in criminal procedure. Anytime someone is being arrested
on suspicion of committing a crime, they are to be read their Miranda rights. These have been
popularized in movies and television shows, and include:

These are to be read by the arresting officer before the suspect is subjected to criminal interrogation
and questioning. In addition, the suspect needs to be informed of the consequences of waiving their
rights (i.e. "anything you say can be held against you in a court of law").

What Are Some Exceptions to the Miranda Rule?


There are some exceptions to the Miranda Rule, in which an interrogation can legally occur
without the detainee being read their Miranda rights first. These include situations such as:
✓ The suspect is being asked questions that are standard booking procedures
✓ The situation involves an emergency hostage situation or negotiation
✓ The person is unaware that they are speaking with a police officer
✓ The police questions is necessary for preserving public safety
✓ The person voluntarily agreed to meet and speak with the police, and the conversation is being
taped in secret
In such situations, the person’s Miranda rights do not exist or are diminished. Thus, for example, the
police can question a person who is holding someone hostage, even if they requested an attorney and
their attorney has not yet showed up.

Common ways that the Miranda rights can be violated include:


✓ A failure to read the rights when required
✓ Conduct by police that intentionally disregards the Miranda rights
✓ Reading the rights in way that is incorrect

Miranda rights basically have to do with interrogation rights. Thus, if Miranda rights have been violated, it
usually means that the interrogation is botched and the evidence obtained from that interrogation can’t
be entered into the trial record.

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Arrest and Booking Sheet refers to the PNP booking sheet no 2 which shall be prepared by the
arresting officer and duty investigator.

Booking refers to the process that is undertaken to record and document the information surrounding
the arrest of the suspect and shall include among others the following: the recording Of the arrest in the
police blotter: the pat down search, medical examination, taking Of the suspect's personal information,
taking Of the fingerprints Or tenprints, taking Of photographs or mug shots, and the lock-up of the
suspects.

General Policy
After arrest, a Criminal suspect is taken into police Custody and "booked," or "processed." During booking
the following procedures shall be performed by designated police officers
✓ Record the arrest made in the Police Blotter;
✓ Conduct pat down or strip search of the suspect;
✓ Submit the suspect for medical examination,
✓ Take the criminal suspect's personal information (i.e., name, date of birth, physical
characteristics, etc.):
✓ Record information about the suspect's alleged crime;
✓ Perform a record search of the suspect's criminal background;
✓ Fingerprint and photograph the suspect;
✓ Take custody of any persona' property carried by the suspect (i.e keys, purse,), to be returned
upon the suspect's release: and
✓ Place the suspect in a police station lock-up/ holding cell or local jail.

Standard Forms
❖ PNP Booking Form 1- Medical Examination of Arrested Suspects, Request Form- This form shall
be prepared by the Desk Officer or the Duty Officer as the official request for the medical
examination of the arrested suspects at a government hospital for the conduct of medical
examination
❖ PNP Booking Form 2 — Arrest and Booking Sheet- This form will be accomplished by the
Arresting Officer and Duty Investigator detailing all the necessary information on the suspect as
Such, the personal circumstances and the nature of his arrest.
❖ PNP Booking Form 2A- Medical Examination Result Sheet- This form is where the result of the
medical examination WIII be attached.
❖ PNP Booking Form 2B- Booking Mug Shots — This form shall contain the size 48 photographs of
the arrested suspect taken in four manners such as. left side half body, right side half body. front
half body and front whole body against the Standard PNP Mug Shot Backdrop and with the
suspect holding the mug Shot/identification board (MIB).
❖ PNP Booking Form 2C-Tenprint Sheet- This form will contain a Copy of the PNPCL Form NR 452
038. The Investigator will supervise the Fingerprint Technician in taking of the tenprints of the
arrested suspect
❖ PNP Booking Form 3- Turn-over Receipt Form- This form will be accomplished by the Duty
Investigator and will be acknowledged by the Duty Jailer indicating the proper turn-over of
custody of the arrested suspect.
❖ PNP Booking Form 4- Suspect's Personal Property Receipt Form (SPPRF)- This form shall contain
the list of all personal valuables of the suspect that is not allowed to be brought inside the lock-
up cell and collected by the Investigator (properly itemized and described) and turned-over to
the Property Custodian for safe keeping.

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Samples of Booking Sheet

A. Sample Format of Request for Medical Evaluation of Arrested Suspects

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B. Sample Format of Arrest and Booking Sheet

Note: Suspect’s photo in this form should be the copy of the mug shot (front view, half body)

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C. Sample Format of Medical Examination Result

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D. Sample Format of Booking Mug Shots

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E. Sample Format of Tenprint Sheet

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F. Sample Format of Turnover of Arrested Suspect

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G. Sample Format of Suspects Property Receipt

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The Certificate of Detention

If you were arrested and released, but no charges were subsequently filed, then your arrest was
actually only a detention. If your arrest was a detention, then the law enforcement agency that detained
and released you must issue a Certificate of Detention, which deletes the record of the arrest

Sample of Certificate of Detention

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Commitment Order - 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. It is defined as an official court ORDER to send someone to prison or to a mental hospital.

Mittimus- refers to a warrant issued by a court to commit someone to imprisonment. It directs a


sheriff or other officer to deliver the person named in the writ to a prison or jail, and directs the
jailor to receive and imprison the person.

Sample of Commitment Order

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Sample of Order of Release

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Sample Format of Inquest Report (City/Municipality Prosecutor)

Sample Formal Offer of Evidence (List of Exhibits)

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References:
✓ Technical Report Writing for Criminal Justice Education, Foronda, M. 2009, Wiseman’s Book Trading, Inc.
✓ Technical Report Writing 2 Police Report Investigative Writing, Mercado, N., 2011, Philippine College of Criminology – Manila Law College, 641 Sales
Street, Sta. Cruz, Manila
✓ https://www.law.cornell.edu/rules/frcrmp/rule_4
✓ https://www.nolo.com/legal-encyclopedia/search-warrant-basics-29742.html
✓ https://www.justia.com/criminal/docs/search-seizure-faq/#q2
✓ https://definitions.uslegal.com/a/arrest-report/
✓ https://ridleydefense.com/blog/sealing-arrest-record-vs-detention-certificate/

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MODULE 4
Crime Incident Reporting System
Introduction
The validation of crime data conducted by the DIDM in CY
2013 revealed a deliberate under-reporting of crime incidents at the
police station level and point shaving activities of some PNP
Provincial and Regional Offices. Another observation noted is the
tedious process that a complainant or a person reporting an incident
or crime has to go through to have his complaint recorded in the
Police Blotter. Most often, a complainant has to undergo several
interviews by the Duty Officer, the Desk Officer, the Duty
Investigator, and finally, the Chief Investigator, and even the Chief of
Police. In effect, the client who is seeking assistance has to narrate
his plight several times in order for his complaint to be entered into
th e Police Blotter.
Moreover, given the magnitude and volume of incidents reported daily in the police stations, the
procedures in recording crimes vary from one police station to another. Stations devise their own
recording system which differs from the practice of other stations, thereby resulting in the inaccuracy in
recording and reporting of crime incidents.
It is imperative that the PNP adopts a standard procedure on entering data both in the Police
Blotter and into the CIRS so that the true crime picture shall be determined, and the services offered by
the police to the people in recording complaints shall be done in the most efficient, expeditious and
accurate manner.
Hence, in order to establish a uniform procedure for crime recording, the Directorate for
Investigation and Detective Management (DIDM) developed the PNP Crime Incident Recording System
(CIRS) to be adopted by all units in treating reports of crime incidents, arrests, and any other events or
activities.
The CIRS sets a standard procedure by which all crime incidents are reported to the police
stations and stored electronically in a database system. It is capable of filtering non crime data from the
system thereby accounting for a more accurate crime statistics. The system promotes consistency in the
recording of crime incidents and provides easy access on crime data nationwide. These crime data shall
be the working basis for policies and programs on various anti-criminality measures.

Lesson 1: Crime Incident Reporting System


Crime Incident Recording System (CIRS)
- an electronic database system that facilitates crime documentation and systematic data storage
and retrieval. The system presents a quick, fast and reliable transmission of crime information
from lower police force. Its purpose is to provide a uniform procedure in recording crime incidents
into an electronic database in all police stations and offices nationwide. (PNP Memorandum
Circular No. 2014-009)

e-Blotter System
Through the e-blotter system, police could access information on the status of criminality in all stations
allowing them to devise criminal intervention plans. Its main purpose is to ensure factual recording of
crime incidents.

Crime Information, Reporting and Analysis System (CIRAS)


- formerly the e-Blotter system that sets a standard procedure by which all crime incidents reported
to the police stations are electronically stored in a database.

Crime Registrar is the PNP personnel in charge of the recording and submission of crime statistics
to higher office, who is preferably a Non-Uniformed Personnel. He shall be responsible in the upkeep and
maintenance of all crime data;

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Database shall include all incidents entered and stored into the CIRS. It is a collection of
information organized in such a way that a computer program can quickly select desired pieces of data
organized by fields, records, and files;
Desk Officer is the Duty PNCO in the police station detailed to receive and record complaints and
reports of crime incidents and dispatches in the Police Blotter. He is also responsible for initially attending
to requests for police assistance;
Duty Investigator shall refer to any police officer who is duly designated or assigned to conduct
the inquiry of the crime by following a systematic set of procedures and methodologies for the purpose of
identifying witnesses, recovering evidence, arresting and prosecuting the perpetrators. He is responsible
for the encoding of entries from the IRF to CIRS, to be assisted by the Crime Registrar;
Incident Record Form (IRF) is an accountable form to be filled out by a complainant, to be
assisted by the QSL Duty Officer, which contains data provided by the former pertaining to the complainant,
victim and/or suspect, including the narrative details of the incident. The IRF becomes an official document
once it is signed by the investigators and the reporting person in which the information contained shall be
recorded in the police blotter, uploaded to the CIRS, and becomes the first document included in the case
folder;
Investigator-on-Case (IOC) shall refer to any police officer who is duly designated or assigned to
conduct the inquiry of the crime by following a systematic set of procedures and methodologies for the
purpose of identifying witnesses, recovering evidence, and arresting and prosecuting the perpetrators;
Key Responsible Officers include the Crime Registrars of police stations and investigation
units; Chiefs of Investigation of Police Stations, of Police Provincial/City Offices, and Police Regional
Offices/NOSUs; Investigators-on-Case; and Chiefs of Police and Station Commanders;
Quality Service Lane (QSL) is a customer friendly quality service desk manned by a Desk
Officer and other designated PNCOs, under the supervision of the Duty Officer of the Police Station,
which shall provide the initial point of contact for all concerns or problems of a complainant in the Police
Station;
Under-Reporting of Crimes is the deliberate non-submission of crime incidents recorded in
the Police Blotters by responsible officers that resulted in the inaccurate and decreased crime
statistics in his area of jurisdiction.

. Responsibilities:
1) Directorate for Investigation and Detective Management (DIDM)
a. Assume Directorial Staff responsibility for the efficient and effective implementation of this MC;
b. Evaluate the crime reporting performance of all unit commanders and institute appropriate
measures to ensure faithful compliance to this MC;
c. Provide training to key PNP personnel involved in the use and operations of the CIRS as well
as the conduct of users training at the various Police Regional Offices; and
d. Prepare periodic assessment of crimes for the command and other law enforcement agencies
concerned.

2) Directorate for Comptrollership (DC)


a. Provide financial support for the smooth implementation of this MC; and
b. Perform other tasks as may be necessary in order to efficiently and effectively carry out this MC

3) Directorate for Police Community Relations (DPCR)


a. Disseminate this policy guideline to other stakeholders and agencies with law enforcement
functions; and
b. Establish rapport with other stakeholders for their cooperation in the submission of the required
crime data.

4) Directorate for Information and Communications Technology Management (DICTM)


a. Assist the DIDM in the implementation of this MC;
b. Provide continuous technical support during the implementation, cascading, as well as the
conduct of users training at the various Police Regional Offices;
c. Develop a program in the CIRS wherein cases from barangay and other law enforcement
agencies can be entered into the system; and
d. Include in the system a field for Wanted/Missing Persons.

5) National Operating Support Units (NOSUs)


a) Provide a copy of the accomplished IRF of crime incidents they had taken cognizance of, to
the Police Stations where the incident transpired.
b) Closely monitor the progress of the case and regularly submit updates of the same to the
Police Station where the case was encoded.

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6) Regional Directors
a) Ensure that all police units are equipped with operational CIRS computers;
b) Review crime data of Provincial/District offices and conduct crime trend analysis for use at
the Regional Level;
Monitor compliance and follow-up lower units;
c) Ensure that the report submitted is reflective of the actual, accurate and true crime situation
in his area of responsibility; and
d) Coordinate with the Directors of other law enforcement agencies through the Regional Law
Enforcement Coordinating Commission (RLECC) to obtain cooperation and to secure crime
data taken cognizance of by other law enforcement agencies.

7) Provincial/District/City Directors
a) Ensure faithful compliance of lower units in encoding incidents into the system;
b) Conduct crime trend analysis for use at the provincial/district/city level;
c) Ensure that the report submitted is reflective of the actual, accurate and true crime situation in
his area of responsibility;
d) Supervise the Crime Registrar who shall be responsible for the maintenance and consolidation
of crime data from the lower units and other enforcement agencies operating at the
provincial/district level; and
e) Monitor compliance of lower units.

8) Chiefs of Police and Station Commanders


a) Supervise the Chief Investigator, IOC and the Crime Registrar in the uploading of CIRS
entries and reporting of crime statistics to higher Offices; and
b) Correct and report erroneous counting of crime incidents.

9) Chiefs, Investigation Sections/Branches/Divisions


a) Ensure the accuracy of data entered into the CIRS in accordance with the flow of the incident
recording process certified by the Chief of Investigation before submission to the National
Headquarters. The data submitted must indicate whether the incident was recorded in the
barangay blotter or other law enforcement agencies; and
b) Gather relevant data from other agencies operating in their respective area of responsibility;

10) Duty Investigators


a) Conduct interview of complainant/reportee to obtain the circumstances surrounding the
incident being complained of;
b) Supervise the Crime Registrar to ensure the proper and accurate encoding of crime incidents
into the CIRS; and
c) Ensure that all accomplished IRFs are recorded by the Desk Officer into the Police Blotter.

11) Investigators-on-Case (IOC)


a) Closely monitor the progress of the case, and submit to the Crime Registrar such progress,
to update entries in the CIRS, until final promulgation.

12) Crime Registrars


a) Under the supervision of the Duty Investigator, encode entries of the incident, from the IRF
into the CIRS, and ensure that all crime incidents encoded in the system are transcribed in
the Police Blotter;
b) Print three copies of the accomplished IRF. Provide the first copy to the complainant; the
second copy to the Duty Investigator; and the third copy to the Desk Officer. He shall retrieve
the third copy, after the Desk Officer has transcribed the contents of the same in the Police
Blotter;
c) Consolidate the accomplished IRFs from the Desk Officer on a daily basis;
d) Exercise confidentiality and integrity in the handling and storage of all crime data;
e) Certify the correctness and accuracy of the data contained in the Unit Crime Periodic Report;
and
f) Under the supervision of the IOC, regularly update the entries in the CIRS, as to the
progress of the case, until final promulgation.

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CRIME INCIDENT REPORTING SYSTEM FLOW CHART

E-warrant System
- is set to operate as an online database of warrants of arrest, providing real-time updates on the
status of warrants and specific actions taken by law enforcement agencies. It was first launched
on September 8, 2020.

Purpose of e-Warrant System


- aims to speed up the issuance and serve as a database of arrest warrants in the country.

E-Rogue Gallery System


- A police collection of pictures or photographs of criminals and suspects kept for identification
purposes.

Crime Mapping
-is used by analysts in law enforcement agencies to map, visualized, and analyzed crime incident
patterns.

There are five key applications in crime mapping. These applications are thematic mapping, non-
graphical indicators, hot spots, spatial regression and geographic profiling.

Note: Mapping crime uses GEOGRAPHIC INFORMATION SYSTEMS (GIS) that allows crime analysts to
identify crime hotspots along with other transcend patterns.

BASE MAP of the Municipality of Belison, Antique

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CRIME MAP (HOMICIDE) of the municipality of Besion, Antique (sample only)

Thematic map – is a type of map that portrays the geographic pattern of a particular subject matter in a
geographic area. This usually involves the use of map symbols to visualize selected properties of
geographic features that are not naturally visible, such as temperature, language, or population.

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Non-graphical Indicators -these are global level statistics indicating the strength of spatial
autocorrelation, but not its location. They compare actual distributions of crime incidents with random
distributions.

Crime Hot Spots – these are areas containing dense clusters of criminal incidents. Identifications of
hotspots helps public safety institutions allocate resources for crime prevention activities. This
geographical analysis is usually made based on crime pin maps of reported crime events over a certain
period.

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Crime spatial regression -


examines the geographic
distribution of incidents and
displays information that can be
used for strategic and tactical
crime analysis. Capabilities of
spatial analysis include outlining
the boundary of a group of
incidents, finding out how much
crime occurred in a given area,
and delineating the portion of a
given area in which the largest
number of incidents is
concentrated.

Geographic profiling - is a criminal investigative methodology that analyzes the locations of a


connected series of crimes to determine the most probable area of offender residence.

LEGEND

Home Base

High Intensity Area

Medium Intensity Area

Low Intensity Area

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Checklists in the Conduct of Crime Analysis

Intelligence Investigation Forensic Legal

Disclosure of Testimony of witness on Autopsy reports for Proof of death


MURDER Witnesses weapon used in killing the cause of death (corpus delicti)
victim/s
Facts gathered Serology for blood Proof of identity of suspect/s
during surveillance Identity of the suspect/s, if typing and and victim/s
on immediate any comparison
premises of the Match the weapon used as
incident Cartographic Sketch of the Ballistics examination, per the testimony and autopsy
suspect/s if weapon used is reports
firearms
Facts gathered Threats made by suspect/s Other forensic results must
during the interview prior to the killing Fingerprint prove the circumstantial
of relatives, friends, examination if latent evidence at hand
co-workers and Clothes of victim/s print is recovered from
other people known paper and other Evidence should be
to the victims Sketch of the crime scene material in the crime authenticated for its
scene admissibility
Modus Operandi of the
suspect/s, in case of Hair and Fibers Proof of proper chain of
organized groups examination custody

Vehicle/s used Cellphone and laptop Electronic evidence must be


of the victims processed and authenticated

All the testimonies must be


inter-connected as to the date,
place, of suspects
KIDNAPPING/ Disclosure of Testimony of witness during Fingerprint Proof of identity of suspect/s
ABDUCTION Witnesses the abduction examination if latent and victim/s
print is recovered from
Facts gathered Identity of the suspect/s, if paper and other Match the circumstantial
during surveillance any materials in the crime evidence with the testimony of
on immediate scene the witness/es
premises of the Cartographic Sketch of the
incident suspect/s Demand letter/s Other forensic results must
prove the circumstantial
Facts gathered Threats made by the Cellphone and laptop evidence at hand
during the interview suspect/s prior to the of the victim/s
of relatives, friends, abduction Electronic Evidence should be
co-workers and Vehicle/s of the authenticated for its
other people known Personal belongings of the victim/s admissibility
to the victims victim/s
Proof of proper chain of
Sketch of the crime scene custody
Modus Operandi of the All the testimonies must be
suspect/s, in case of inter-connected
organized groups
Vehicle/s of the suspect/s

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Crime Clock - represents the annual ratio of crime to fixed time intervals.

CRIME RATE – A crime rate describes the number of crimes reported to law enforcement agencies per
100,000 total population. A crime rate is calculated by dividing the number of reported crimes by the total
population; the result is multiplied by 100,000.

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MODULE 4
Lesson 2. Memorandum Format
Reports
The memorandum is among the most versatile of organizational documents. From brief
research reports and progress reports to trip reports and thumbnail proposals, the memo form is
widely used to communicate technical and administrative information.
Memoranda are written for numerous internal purposes--for example, to request
information, to make announcements, to outline policies, and to transmit meeting minutes. Thus,
in most organizations, memos play a crucial role in establishing a record of decisions, requests,
responsibilities, results, and concerns.

Difference between memorandum format and other type of format


The memorandum can be defined as a short message, written informally to communicate certain
information to the members of the organization. A memo uses informal tone and is straight to the point.
On the other extreme, letters are very formal and contain lots of information.

GUIDELINES IN USING THE MEMORANDUM FORMAT

Memo Formatting:
· Memos have one-inch margins around the page and are on plain paper (not stationery)
· Use a professional font and black color
· All lines of the memo begin at the left margin, except the MEMO line (which can be centered)
· The body of the memo is single-spaced, with two spaces between paragraphs
· Second-page headings: If your memo is more than 1 page long, use a subsequent page
header that includes who the Memo is addressed to, the page number, and the date.
· The sender usually signs the Memo next to the FROM line, using initials, first name, or
complete name
· Don’t add a greeting between the memo heading and body.
· Some organizations have special memo forms or pre-made templates. If not, use the “MEMO”
(or “MEMORANDUM”) label and heading shown here to format your memo.

Parts of Memorandum

1. Heading- all materials above the first line of the body comprise the heading. These are the office
origin, address, file reference, identifying initials, date, subject, channels through which the letter
will pass, and addressee to whom the letter is being written.

A. Letterhead- printed letterhead stationery is normally used for the first page. If not available, a typed
letterhead may be substituted.

Ex:
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
SANTA ROSA POLICE STATION
Santa Rosa, Nueva Ecija

B. File Reference- it is otherwise called the office symbol. It is usually placed 2 spaces below the
letterhead. Each part of the reference is also used as identifying information on the second and
subsequent pages.

Ex:

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SRPS-IN

C. Identifying Initials- refers to the initials of the originator and typist of the letter.

Ex: MLVFRJR/ogs/600-3752

D. Addressee- the person to whom the memorandum is written.


*It is addressed to the chief or head of an agency by his title. The letter is not addressed to the
police office
*The title is not abbreviated.

Ex:
MEMORANDUM
FOR: Provincial Director, NEPPO

*unless the correspondence pertains to an individual, the name of the individual is not used in the
address of memorandum form.
*When it is necessary, however, to address correspondence to an individual by name, his grade,
first name, middle name, and last name are indicated in that order. His badge number and branch of
service may be shown, if it is known and considered necessary for identification.

Ex:
MEMORANDUM
FOR: SPO4 Juan Santos Cruz 031740 PNP

*when the same letter is intended for several addressees, the entire address of each is placed on a single
line if possible.

EXAMPLE:
MEMORANDUM
TO: Chief, PPHRDB/PIIB/POPB/PCRB/PFLB
E. Attention Line- for faster routing, correspondence may be addressed to the individual or the head
of a subdivision or by the use of an office symbol.

EXAMPLES:
1. Addressed to the attention of an individual
MEMORANDUM
TO: Chief of Police, SRPS
(Attn: SPO4 Juan S Cruz PNP)
2. Addressed to the attention of the head of office.
MEMORANDUM
TO: Chief of Police, SRPS
(Attn: Chief, Opns & Plans Sec)
`3. Addressed to the attention of the head of a unit or command by the use of an office symbol.
MEMORANDUM
TO: Chief of Police, SRPS
(Attn: OPS)

F. Sender or Originator- preceded by the word “FROM” is written in block style, with open punctuation
and normally placed below the addressee.

Example:
FROM: Chief of Police, SRPS

G. Subject- the subject line should contain not more than 10 words. It start 2 spaces below the sender
and 2 spaces to the right of the colon. When the subject extends to two lines, the second line
is blocked under the first letter of the first word of the subject.

Example:
SUBJECT: SPECIAL REPORT RE HOMICIDE WITH RAPE TRANSPIRED AT
BRGY RIZAL THIS CITY

H. Date- this refer to the date of signature or present date.

Example: DATE: July 3, 2004


3 July 2004

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2. Body- it is the message itself. This part is typed single-spaced, except when it is less than nine lines,
and no reply is expected, in which case it may be double-spaced. Double-spacing is always
used between paragraphs.

1. Paragraphing- when a letter consists of only one paragraph, the paragraph is not
numbered, although its sub-paragraphs will be lettered, if there are two or more.
*When there are two or more paragraphs, they are numbered consecutively
*The first line of a paragraph is intended five bar spaces. The succeeding lines begin on
the left margin
*There must be at least two sub-paragraphs.
*The first line is intended so that the designating letters appear directly under the first
letter of the first word in the main paragraph. The second and succeeding lines of these
sub-paragraphs begin on the left margin.
2. Abbreviations- a memorandum allows abbreviations which are generally allowed in the police
service. They are usually written without spacing or periods, except geographical locations.
-If the full name is used, the abbreviated rank is permissible

Ex: PCHF SUPT PAUL HECTOR G NATALINO


-If family name only, the rank is spelled out
Ex: POLICE CHIEF SUPERINTENDENT CRUZ

3. References- references to publications must be specific and fully implemented. References


are not be made to a publication or document which is not available to the
addressees of the correspondence.

Example:
Reference: Special Report this station dated December 15, 2003 re
Homicide with Rape transpired at Brgy Bonifacio, Cabanatuan City.

4. Page Numbering- the first page should not be numbered. Subsequent pages, including
those on which endorsements are prepared are numbered consecutively,
beginning with the second page as 2. the page number is centered 1 inch
from the bottom page. The number should stand by itself and should not be set off by dashes,
parentheses, or some other punctuation.

5. Dividing a Paragraph- three or fewer lines should not be divided between pages.
-at least two lines of a divided paragraph should appear on each page.
-in dividing a sentence between pages, at least two words should appear
on each page.
-a word should not be divided between two pages.
-the complimentary ending should not appear alone on a page without
part of a body of text.

3. Complimentary Heading- this refers to the materials found below the last paragraph of the body. It
consists of the authority line if used, signature, list of enclosures and list of copies
being furnished.

A. Authority Line- it should be shown when the correspondence is signed for the chief or head of an
agency or office by an individual authorized to do so. This reflects the fact that the communication is an
expression of the will of the chief himself.
*The authority line begins on the second line below the last paragraph directly under the first word of the
preceding main paragraph. It is typed in capital letters, without abbreviations. A staff officer may
sign under the authority line only when authorized to do so.

Examples:
1. If signing for a chief or head of an office and addressed to members under him,

BY AUTHORITY OF POLICE SUPERINTENDENT DAAN:

EFRENILO FAJARDO RESTUA


Police Inspector
Deputy Chief of Police

2. If not addressed to a member under him,

FOR THE CHIEF OF POLICE:

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EFRENILO FAJARDO RESTUA


Police Inspector
Deputy Chief of Police

B. Signature- it contains the name of the officer, usually his first name, middle initial and last name,
signed in black or blue-black ink, never blue or any other color; the name being typed, stamped
or printed, all in capital letters, identical with the written name, the officer’s rank or service and title
designation.
-if the concerned chief or head of office personally signed the memorandum, his title or
designation may not be included anymore.

C. Enclosures- are supplementary documents which are sent with the communication to provide
additional information.
-when the letter has one or more enclosures, this fact is entered on the left side of the page in
the following manner:
Example:
Enclosures:
1- Crime Scene Sketch
2- Pictures of Crime Scene

D. Copy Furnished to other Officer’s- a notation concerning copy furnished should be typed
immediately under, and separated by at least one line from the listing of enclosure, if any.
Example:
Copy Furnished:
RD,PRO’s
D,NSU’s

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SAMPLES OF REPORTS USING MEMORANDUM FORMAT

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MODULE 4
Lesson 3: GENERAL PRINCIPLE IN
FILLING FORMS AND REPORTS
PRINCIPLE OF DUE PROCESS

What is due process?


Due process of law is interpreted here as rules that are administered through courts of justice in
accordance with established and sanctioned legal principles and procedures; with safeguards for the
protection of individual rights. The common interpretation of the concept of due process is broader and
may include the rules applicable in case of deprivation of liberty, rules related to property and rules
related to administrative procedures. Here the concept is limited to the rules applicable to the
administration of justice. Moreover, the supervisory mechanisms discussed in this book have repeatedly
illustrated that the administration of justice of courts does have a major impact on the exercise of power
within states such as public prosecution and the actions of the police and penitentiary authorities.
Due process includes here, inter alia, provisions ensuring an accused person a fair and public
trial before a competent tribunal, the right to be present at the trial, and the right to be heard in his or her
own defence. Due process includes both the right to a fair trial and the right to an effective remedy. Both
rights are closely related. They are discussed here successively.
The complexity of the administration of justice, as well as the hundreds of years of national
traditions which have been developed in relation to it, has created a wide diversity in terminology. This
has obliged the international supervisory mechanisms to develop their own concepts and interpretation of
terms used in the definition of a fair trial, effective remedies and other elements of the administration of
justice. They thereby often emphasise that the various due process concepts have an autonomous
meaning before international supervisory mechanisms. Notably the European Court of Human Rights has
broadly interpreted the concepts related to a fair administration of justice. As it stated in Delcourt v.
Belgium (Application No. 2689/65, Judgement of 17 January 1970): ‘In a democratic society within the
meaning of the Convention, the right to a fair administration of justice holds such a prominent place that a
restrictive interpretation of Article 6 (1) would not correspond to the aim and the purpose of that provision.’
The provisions regarding fair trial are among the most frequently invoked rights under the
European Convention . By rejecting a restrictive interpretation of that provision, the European Court gives
guidance not only for its own case-law, but also to the national authorities, which have to apply fair trial
principles. Indeed, its case-law, to be discussed hereafter, shows that the European Court considers itself
competent to examine in-depth the way in which fair trial has been interpreted and applied by the national
authorities.
One element of the rule of law is the role independent and impartial courts play in the legal
system. This role is reflected in the provisions where the right to liberty is protected by habeas corpus, but
the main provisions are to be found in articles that provide for the proper administration of justice. The
aim of the fair trial articles is to secure justice by means of proceedings in court. Fair trial relates to the
administration of justice in both civil and criminal contexts.
At the outset, it is important to understand that the proper administration of justice has two
aspects to it, the institutional (e.g. the independence and impartiality of the tribunal and agencies which
deal correctly with prosecution) and the procedural (e.g. the fairness of the hearing and the respect for
the rights of parties). The various articles in international human rights instruments on institutional and
procedural aspects of administration of justice create positive obligations for the states parties. In order to
meet these positive obligations, states parties to the four human rights treaties that are the focus of this
book must establish and maintain the institutional infrastructure necessary for the proper administration of
justice. States must promulgate and implement laws and regulations guaranteeing that the proceedings
themselves are fair and equitable. On the one hand, provisions on due process have a bearing on the
structure of the state and hence indirectly on constitutional principles beyond the protection of individual
rights. On the other, fair trial also protects the rights of the individuals who are subject to court
proceedings as a party. Other participants, such as judges, prosecutors and victims cannot claim
independent rights under fair trial articles. This chapter begins by discussing the institutional aspects of
fair trial followed by examination of the respect for the rights to due process.

PRINCIPLE OF HUMAN RIGHTS

Human rights are universal and inalienable; indivisible; interdependent and interrelated. They are
universal because everyone is born with and possesses the same rights regardless of where they live
their gender or race or their religious cultural or ethnic background. Inalienable because people’s rights

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can never be taken away. Indivisible and interdependent because all rights—political civil social cultural
and economic—are equal in importance and none can be fully enjoyed without the others. They apply to
all equally and all have the right to participate in decisions that affect their lives. They are upheld by the
rule of law and strengthened through legitimate claims for duty-bearers to be accountable to international
standards.

1. Universality and Inalienability: Human rights are universal and inalienable. All people everywhere
in the world are entitled to them. The universality of human rights is encompassed in the words of
Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in
dignity and rights.”

2. Indivisibility: Human rights are indivisible. Whether they relate to civil cultural economic political or
social issues human rights are inherent to the dignity of every human person. Consequently, all
human rights have equal status and cannot be positioned in a hierarchical order. Denial of one right
invariably impedes enjoyment of other rights. Thus, the right of everyone to an adequate standard of
living cannot be compromised at the expense of other rights such as the right to health or the right to
education.

3. Interdependence and Interrelatedness: Human rights are interdependent and interrelated. Each
one contributes to the realization of a person’s human dignity through the satisfaction of his or her
developmental physical psychological and spiritual needs. The filament of one right often depends
wholly or in part upon the filament of others. For instance, filament of the right to health may depend
in certain circumstances on filament of the right to development to education or to information.

4. Equality and Non-discrimination: All individuals are equal as human beings and by virtue of the
inherent dignity of each human person. No one therefore should suffer discrimination on the basis of
race, colour, ethnicity, gender, age, language, sexual orientation, religion, political or other opinion
national, social or geographical origin disability property birth or other status as established by
human rights standards.

5. Participation and Inclusion: All people have the right to participate in and access information
relating to the decision-making processes that affect their lives and well-being. Rights-based
approaches require a high degree of participation by communities civil society minorities women
young people indigenous peoples and other identified groups.

6. Accountability and Rule of Law: States and other duty-bearers are answerable for the observance
of human rights. In this regard they have to comply with the legal norms and standards enshrined in
international human rights instruments. Where they fail to do so aggrieved rights-holders are entitled
to institute proceedings for appropriate redress before a competent court or other adjudicator in
accordance with the rules and procedures provided by law. Individuals the media civil society and the
international community play important roles in holding governments accountable for their obligation
to uphold human rights.

MODULE 4
Lesson 4: SWORN STATEMENT
(COMPLAINT)
Sworn Statement
Although the office of the of the Ombudsman acts on any complaint, whether verbal or written, sworn or
unsworn, it is best that it includes the following particulars:
(a) What are you complaining about?,
(b) When did the problem/incident occur?,
(c) Who are the persons involved in the incident/anomaly?,
(d) Where did the incident take place?, and
(e) How did it happen?

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.

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A sworn statement is a legal document that states facts or lists statements that are relevant to a
legal proceeding or court case. These are very similar to various types of affidavits, except that sworn
statements are generally not signed or certified by an official such as a notary public.

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An arrest affidavit is a form a law enforcement official fills out in relation to an arrest. Often, this
form is completed when a police officer wants to secure an arrest warrant. In such a case, it is used to
present the facts of a case and demonstrate probable cause for arresting an individual.

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The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who
supervised the examination of the witness that says:
(1) he faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the witness gave; and
(2) neither he nor any other person then present or assisting him or her coached the witness
regarding the latter's answers. A false attestation shall subject the lawyer mentioned to disciplinary action,
including disbarment

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MODULE 4
Lesson 5: JUDICIAL AFFIDAVIT RULE
In law, oaths are made by a witness to a court of law before giving testimony and usually by a
newly-appointed government officer to the people of a state before taking office. In both of those cases,
though, an affirmation can be usually substituted. A written statement, if the author swears the statement
is the truth, the whole truth, and nothing but the truth, is called an affidavit.
The oath given to support an affidavit is frequently administered by a notary public who will
memorialize the giving of the oath by affixing his or her seal to the document. Breaking an oath (or
affirmation) is perjury.
The prosecution shall submit the judicial affidavits of its witnesses not later than five days before
the pre-trial, serving copies of the same upon the accused. The complainant or public prosecutor shall
attach to the affidavits such documentary or object evidence as he may have, marking them as Exhibits
A, B, C, and so on. No further judicial affidavit, documentary, or object evidence shall be admitted at the
trial.
The oath or affirmation may be taken before any officer authorized to administer oaths. The oath
or affirmation of any Public Officer may be taken before any person authorized in writing by his appointing
power. No fee shall be charged by any person before whom the oath or affirmation is taken and
subscribed.
If the accused desires to be heard on his defense after receipt of the judicial affidavits of the
prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to the
court within ten days from receipt of such affidavits and serve a copy of each on the public and private
prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so
on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear
before the court to testify.
The following officers have general authority to administer oath: Notaries public, members of the
judiciary, clerks of courts, the Secretary of the either House of the Congress of the Philippines, of
departments, bureau directors, registers of deeds, provincial governors and lieutenant-governors, city
mayors, municipal mayors and any other officer in the service of the government of the Philippines whose
appointment is vested in the President.
Oaths may also be administered by any officer whose duties, as defined by law or regulation,
require presentation to him of any statement under oath. The oath or affirmation of any Public officer may
be taken before his appointing power or before any person authorized in writing by his appointing power.
No fee shall be charged by any person before whom the oath or affirmation is taken and
subscribed. An “Oath of Office” is taken by Public Officers of a county include, among others:
✓ a district attorney;
✓ a sheriff;
✓ a county clerk;
✓ a controller;
Unless otherwise provided, every oath of office certified by the officer before whom it was taken
shall be filed within the time required as follows:
(1) The oath of all officers whose authority is not limited to any particular county, in the Office of the
Secretary of State,etc.
(2) The oath of all officers elected or appointed for any county, of all officers whose duties are local, or
whose residence in any particular county is prescribed by law, in the office of the county clerk of their
respective counties.
(3) Each judge of a superior court, the county clerk, the executive officer or court administrator of the
superior court, and the recorder shall file a copy of his or her official oath, signed with his or her own
proper signature, in the office of the Secretary of State as soon as he or she has taken and subscribed
his or her oath.

References:
http://www.didm.pnp.gov.ph

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MODULE 5
JUDICIAL AFFIDAVIT
Introduction
Affidavits are used
as a form of testimony in
judicial proceedings to
supplement claims made
and to serve as evidence in
civil actions and criminal
prosecutions. The facts
within the affidavit may be
either based upon facts
known by the affiant or upon
beliefs that the affiant holds,
as long as they are clearly
stated.
The private prosecutor shall be charged in the applicable cases with the duty to prepare
the required judicial affidavits of the complainant and his or her witnesses and cause the service
of copies of the same upon the accused.
An affidavit per se would not hold any evidentiary value in the suits unless the parties
had given a consent for it under particular provision of law. Affidavits are not even included in
the definition of evidence as provided in Section 3 of the Evidence Act, 1872.

Intended Learning Outcome


At the end of the lesson students must be able to:
✓ Analyze the basis in filing judicial affidavit
✓ Recognize affidavit and judicial affidavit
✓ Distinguish judicial affidavit from appearance and subpoena
✓ Distinguish appearance from subpoena

Lesson 1. JUDICIAL AFFIDAVIT RULE


BASIS IN FILING
Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.

WHAT IS AFFIDAVIT?
is a sworn statement in writing made especially under oath or on affirmation.

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JUDICIAL AFFIDAVIT
It is a statement by the notary or the person who administered the oath that the affiant
who made the assertions in the affidavit appeared before him on a certain day and
presented his identification document such as a valid government ID or passport.

Effectivity - Jan. 1, 2013

Judicial Affidavit Rule. The rule took effect on January 1, 2013 which was approved by the
Supreme Court justices unanimously, provides that when a party, whether plaintiff or defendant
is asked by his counsel regarding his testimony in the form of judicial affidavit, the counsel no
longer needs to place the witness on the witness chair for direct examination.
As a substitute to the direct testimony of the witness, the party or his lawyer merely submits
in court and to the opposing party the written sworn statement of his witness in a question-and-
answer format. It shall also require each party to the case to attach all his documentary
evidence to the judicial affidavit, which in turn must be submitted at least five days before the
pre-trial or preliminary conference in the case. This proves that our judiciary is looking for the
best to reach its objective in their program to reach judicial reforms.

Reasons of Judicial Affidavit


With the use of judicial affidavits in lieu of the direct examination of witnesses, the
proceedings are swift, giving the parties and their lawyers ample time to prepare for trial, and
minimizing the delay during trial caused by repeated objections of the opposing party to the
questions of the direct examiner. The use of judicial affidavits will be effective only if the lawyer
will abide by his attestation that he will not coach or assist the witness.

Scope of Judicial Affidavit


Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents requiring
the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial
Courts, the Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not
apply to small claims cases under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a
Appellate Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to
disapproval of the Supreme Court, insofar as their existing rules of procedure
contravene the provisions of this Rule.1
(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating
officers shall be uniformly referred to here as the "court."

APPLICATION TO CRIMINAL ACTIONS


Criminal actions are applied and instituted as follows:
• For offenses where a preliminary investigation is required
• For all other offenses, by filing the complaint or information directly with the:
➢ Municipal Trial Courts
➢ Municipal Circuit Trial Courts
➢ Office of the prosecutor
➢ Unless otherwise provided in their charters.
Note: “The institution of the criminal action shall interrupt the running period of prescription of
the offense charged unless otherwise provided in special laws”

WHO MUST PROSECUTE CRIMINAL ACTIONS?


➢ Shall be prosecuted under the direction and control of the prosecutor
➢ The offended party
➢ Any peace officer
➢ Public officer charged with the enforcement of the law violated

OFFENSES WITH EXEMPTIONS TO PROSECUTION OF CRIMINAL ACTIONS

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o Adultery
o Concubinage
o Seduction
o Abduction
o Act of lasciviousness

APPLICATION OF RULE TO CRIMINAL ACTIONS


❑ Where the maximum of the imposable penalty does not exceed six years;
❑ Where the accused agrees to the use of judicial affidavits, irrespective of the penalty
involved; or,
❑ With respect to the civil aspect of the actions

FORMS OF JUDICIAL AFFIDAVIT


• Whereas, case congestion and delays plague most courts in cities, given the huge
volume of cases filed each year and the slow and cumbersome adversarial syste1n that
the judiciary has in place;
• Whereas, about 40% of criminal cases are dismissed annually owing to the fact that
complainants simply give up complying to court after repeated postponements;
• Whereas, few foreign businessmen make long-term investments in the Philippines
because its courts are unable to provide ample and speedy protection to their
investments, keeping its people poor;
• Whereas, in order to reduce the time needed for completing the testimonies of witnesses
in cases under litigation, on February 21, 2012 the Supreme Court approved for piloting
by trial courts in Quezon City the compulsory use of judicial affidavits in place of the
direct testimonies of witnesses;
• Whereas, it is reported that such piloting has quickly resulted in reducing by about two-
thirds the time used for presenting the testimonies of witnesses, thus speeding up the
hearing and adjudication of cases;
• Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed
by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the Revision
of the Rules on Civil Procedure, headed by Associate Justice Roberto A. Abad, have
recommended for adoption a Judicial Affidavit Rule that will replicate nationwide the
success of the Quezon City experience in the use of judicial affidavits

Note: The parties shall file with the court and serve on the adverse party, personally or by
licensed courier service, not later than five days before pre-trial or preliminary conference or
the scheduled hearing with respect to motions and incidents, the following:
➢ The judicial affidavits of their witnesses, which shall take the place of such witnesses'
direct testimonies; and
➢ The parties' documentary or object evidence, if any, which shall be attached to the
judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the
respondent or the defendant

CONTENTS OF JUDICIAL AFFIDAVIT


(a) the name, age, address, and occupation of the witness;
(b) the name and address of the lawyer who supervised the examination of the witness
as well as the place of examination;
(c) a statement that the witness is answering the questions asked of him, fully conscious
that he does so
under oath, and that he may face criminal liability for false testimony or perjury if he were
to violate this; and
(d) the questions asked of the witness and his corresponding answers, consecutively
numbered.

WHAT IS JURAT?
✓ A Jurat is derived from jurare, Latin for quot to swear and quot
✓ 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.
✓ In an Affidavit, a jurat is the clause at the end of the document stating the date, place,
and name of the person before whom it was sworn or the oath was made

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✓ The part of an affidavit in which the swearing of the oath by the deponent is recorded

PRESENTATION OF JUDICIAL AFFIDAVIT

Sec. 6. Offer of and objections to testimony in judicial affidavit.-


The party presenting the judicial affidavit of his witness in place of direct
testimony shall state the purpose of such testimony at the start of the presentation of the
witness. The adverse party may move to disqualify the witness or to strike out his
affidavit or any of the answers found in it on ground of inadmissibility. The court shall
promptly rule on the motion and, if granted, shall cause the marking of any excluded
answer by placing it in brackets under the initials of an authorized court personnel,
without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the
Rules of Court.
Sec. 10. Effect of non-compliance with the judicial Affidavit Rule.
(a) A party who fails to submit the required judicial affidavits and exhibits on time
shall be deemed to have waived their submission. The court may, however, allow only
once the late submission of the same provided, the delay is for a valid reason, would not
unduly prejudice the opposing party, and the defaulting party pays a fine of not less than
Pl,OOO.OO nor more than P5,OOO.OO, at the discretion of the court.
(b) The court shall not consider the affidavit of any witness who fails to appear at
the scheduled hearing of the case as required. Counsel who fails to appear without valid
cause despite notice shall be deen1ed to have waived his client's right to confront by
cross-examination the witnesses there present.
(c) The court shall not admit as evidence judicial affidavits that do not conform to
the content requirements of Section 3 and the attestation requirement of Section 4
above. The court may, however, allow only once the subsequent submission of the
con1pliant replacement affidavits before the hearing or trial provided the delay is for a
valid reason and Judicial Affidavit Rule would not unduly prejudice the opposing party
and provided further, that public or private counsel responsible for their preparation and
submission pays a fine of not less than Pl,OOO.OO nor more than P5,OOO.OO, at the
discretion of the court.

MODULE 5
Lesson 2: APPEARANCE AND SUBPOENA
Appearance - a coming into court by a party to a suit, either in person or through an attorney,
whether as plaintiff or defendant. The formal proceeding by which a defendant submits to the
jurisdiction of the court. The voluntary submission to a court's jurisdiction.

Court Appearance - the formal act of going in front of judge to have one's case decided One
man has been convicted of the crime, and two others are awaiting court appearances.

How to file an Appearance?


the attorney submits an appearance form to the Court indicating that he or she will be
representing an individual at Court concerning a particular matter.

In a criminal prosecution
an appearance is the initial court proceeding in which a defendant is first brought
before a judge. The conduct of an appearance is governed by state and federal rules of Criminal
Procedure. The rules vary from state to state, but they are generally consistent. During an
appearance, the judge advises the defendant of the charges and of the defendant's rights,
considers bail or other conditions of release, and schedules a Preliminary Hearing. If the crime
charged is a misdemeanor, the defendant may sometimes, depending on the local rules of
court, enter a plea of guilty or not guilty at the initial appearance; if the crime is a felony, the

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defendant usually enters the plea at a later court proceeding. A criminal defendant may have an
attorney present and may confer with the attorney during the appearance.

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Subpoena - is an order issued by the court. The subpoena usually requires you to appear at a
certain place, date, and time to testify as a witness about a particular case.

NOTE:
In a criminal case - you can be subpoenaed only to testify in court.
In a civil case - you may be subpoenaed for out-of-court testimony as well. In either kind of
case.

Ps. a subpoena may order you to provide documents.

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Other necessary information:


✓ A subpoena must be delivered in person. In most cases this can be done by one of the
parties in the case or by anyone who is at least 18 years old.
✓ If you are not one of the parties in the case, you should receive an attendance fee and
transportation costs for appearing at the designated time and place.
✓ In a civil case, you should receive the attendance fee and transportation costs by the
person who delivers the subpoena.
✓ In a criminal case, you will be paid after you travel to the designated place and testify as a
witness.

Read the subpoena carefully. The subpoena will tell you: the names of the parties; the
date, time and place you will need to appear; the name of the lawyer who issued the subpoena;
and the location and type of court in which the case is taking place.
If the subpoena requires you to bring certain documents or other objects, they should be
described in the subpoena or in a separate paper given to you along with the subpoena.
If the subpoena requires you to bring certain documents or other objects, they should be
described in the subpoena or in a separate paper given to you along with the subpoena.
You may object to any subpoena. Object in writing, listing all the reasons you think it is unfair or
unjust for you to appear or to produce the requested documents or objects. You should file any
objections with the court immediately, not on the date you are required to appear or provide the
documents. You may want to consult with a lawyer to make sure that your objections are filed
correctly and on time.
A subpoena will also require that you remain at the place described until the testimony is
closed, unless the judge excuses you. But you should contact the lawyer for the party who
subpoenaed you to find out if you may be called the next day, or on a day in the future. This
may help to prevent confusion or unnecessary time spent waiting.
If you do not appear as the subpoena orders, a judge may find you in contempt of
court. Contempt of court may result in a jail term. The court may also order you to pay fees to
the parties who may have been damaged by your failure to appear. The court may also issue a
warrant for your arrest. The sheriff may take you into custody and bring you to the place where
your testimony is required.
If it is impossible or extremely difficult for you to appear as required by the subpoena, call
the lawyer for the party who issued the subpoena. Usually, the lawyer’s name, address and
phone number will appear on the subpoena. The lawyer might be able to postpone your
testimony so you could testify at another time. But you should keep in mind that the lawyer may
not be able to change the date and time of your appearance if a court date is already set and
cannot be moved. If it is absolutely impossible for you to appear, or if it would be seriously
harmful to your health or business, you should seek the advice of your own lawyer.

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Types of subpoena
1. A subpoena duces tecum, or subpoena for production of evidence, is a court summons
ordering the recipient to appear before the court and produce documents or other tangible
evidence for use at a hearing or trial.
2. A subpoena ad testificandum is a court summons to appear and give oral testimony for
use at a hearing or trial.

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Sample of Request for Issuance of Subpoena Ad testificandum

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Sample of Request for Issuance of Subpoena duces tecum

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Sample of Request for Issuance of Subpoena duces tecum and ad testifucandum

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