CDINV 8 Modules
CDINV 8 Modules
CDINV 8 Modules
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.
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.
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.
• 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.
• 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.
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.
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.
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.
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.
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.
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.
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.
They can capture, document and share information within the CAD/RMS by voice, all while staying heads-
up and situationally aware.
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.
a. What e. Why
b. Who f. How
c. When g. Disposition of the case
d. Where
12”
16”
Lesson 4: The 5Ws and 1H of Police Reports
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.
❖ 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.
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.
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.
___________________________
MEMORANDUM
FOR :
FROM :
DATE :
3. (Other Facts)
________________________
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.
___________________________
MEMORANDUM
FOR :
FROM :
DATE :
4. (Other Facts)
_________________________
___________________________
MEMORANDUM
FOR :
FROM :
DATE :
4. Sequence of Events
5. Summary of Action
6. Recommendation/ Conclusion
7. Disposition/findings
_______________________________
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 -
09. T - Sa ikaliliwanag ng pagsisiyasat na ito, maaari mo bang isalaysay o sabihin kung ano ang
tunay na nangyari sa naganap na ____________?
S -
10. T - Sa iyong pagkakaalam, ilan sa mga _____________ ang may mga dalang baril at anu-ano
ang mga kalibre nito?
S -
11. T - Bukod sa iyo, may mga alam ka bang mga tao na nakakita ng naturang ________________?
S -
12. T - Ano naman ang iyong ginawa matapos mong masaksihan ang naturang insidente?
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 -
16. T - Handa mo bang lagdaan ang salaysay mong ito na binubuo ng (Number of Pages) pahina?
S -
_________________________
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
Republika ng Pilipinas )
Lungsod ng Quezon, )S.S
x- - - - - - - - - - - - - - - - x
SINUMPAANG SALAYSAY
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:
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;
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, 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
_____________________
Administering Officer
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.
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?
_______________________
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: ______________________________________________________________________
CERTIFICATION
Address: __________________________
Tel/Cell No. _______________________
_________________
(Notary Public)
Note: Person found guilty of perjury is liable under Art. 183 of the Revised Penal Code.
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
__________________________________
9. Name(s) of Victim(s) 10. Age 11.Sex 12. Address 13. Tel No.
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
CONFIDENTIAL
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
UPSIDMS
MEMORANDUM
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.
FREDDIE K LORENZO
Police Captain
Officer-In-Charge
AFFIDAVIT OF COMPLAINT
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.
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:
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.
AFFIDAVIT OF WITNESS
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
________________________.
_______________________________
Affiant
_____________________
Notary Public
COMPLAINANT/S: Name, Sex, Age, Address RESPONDENT/S: Name, Sex, Age, Address
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)
____________________________
Administering Officer
(DATE)
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 ______________.
SUSPECT (ARRESTED/DETAINED) :
(Name, age, nationality, civil status and current address)
EVIDENCE RECOVERED :
Investigation disclosed....
ENCLOSURES :
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.
___________________________
Chief of 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: ______________________________
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.
__________________________
(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/
MODULE 3
Forms in Warrants
Introduction
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)
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.
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.
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).)
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.
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").
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.
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.
Note: Suspect’s photo in this form should be the copy of the mug shot (front view, half body)
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
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/
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.
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 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;
. 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.
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.
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.
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.
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.
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.
LEGEND
Home Base
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.
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.
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:
C. Identifying Initials- refers to the initials of the originator and typist of the letter.
Ex: MLVFRJR/ogs/600-3752
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
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
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,
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
MODULE 4
Lesson 3: GENERAL PRINCIPLE IN
FILLING FORMS AND REPORTS
PRINCIPLE OF DUE PROCESS
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
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.
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.
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.
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
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
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.
WHAT IS AFFIDAVIT?
is a sworn statement in writing made especially under oath or on affirmation.
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.
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.
o Adultery
o Concubinage
o Seduction
o Abduction
o Act of lasciviousness
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
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
✓ The part of an affidavit in which the swearing of the oath by the deponent is recorded
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.
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
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.
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.
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.
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.