MODULE (1)
MODULE (1)
SEMI-FINAL MODULE
References
a. RA 6975 Establishing the Philippine National Police Rules and Regulations
Governing the Philippine National Police.
Purpose
The purpose of the circular is to prescribe a uniform police blotter for the Philippine
National Police and to define the rules and procedures for making entries.
Definitions
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
event for legal, and statistical purposes.
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.
What are the contents of entry?
The entry in the police blotter should answer the following questions?
a. Who
b. What
c. Why
d. Where
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e. When
f. How
g. Disposition of the case
3. No erasures shall be made on the entries. Corrections are made by drawing a horizontal
line over such words or phrases and the actual entry initiated 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. Misrepresentations in the blotter or any attempt to suppress any information is
punishable criminally and administratively.
6. All entries must be legibly written in longhand and consecutively numbered.
7. Every page of the blotter shall be consecutively or chronologically filled in. No line or
space shall be left blank between any two entries.
8. Any development of the case to be reflected in the blotter should be a new entry at the
time and day it was reported. A reference to the previous entry number of the case
ITA however 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 the Duty Sergeant and Duty Complaint Desk Officer shall sign
the blotter.
16”
Size 12"x16"
LEGAL FORMS
INTRODUCTION
Practicing lawyers often require sample versions of standard legal documents known
as model forms or legal forms. These model instruments offer suggested terminology and
other essential details required in formal legal documents.
This guide distinguishes between legal forms and pleading and practice forms.
This guide primarily provides resources for the former. Legal forms address substantive
matters, such as forms for contracts, wills, leases, etc. Pleading and practice forms provide
language used in pleadings and motions filed with a court in litigation and supply language
for complaints ,answers, and motions.
Generally, you should use legal forms as a starting place and then tailor to your
specific needs. While they are labor-saving devices for attorneys, forms are written in
response to the requirements of the law in a specific transactional, jurisdictional, or
procedural setting, so be sure to always check that the form has been adapted or can be
adapted to comply with the requirements of the jurisdiction in which they are to be used.
The expression form of the statute signifies the language or structure of the statute,
and, therefore, the restriction or command that it might include, a used in the Pleading
"against the form of the state, in that case, case made and provided." A matter of form as
distinguished from the matter of substance - with respect to the pleadings, affidavits,
indictment, and other legal instruments - entails the, methods, style, or form of relating the
applicable facts; the selection or arrangement of term, and other such matters without
influencing the essential sufficiency or validity of the instrument, or without reaching the
merits.
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As a general rule, the size of every legal form is 8.5" x 13", the legal size coupon
bond. However, there are some exceptions to this rule. When preparing (1) Negotiable
Instruments, (2) Contracts and (3) Special Power of Attorneys, there is usually no
preferred size.
B. Margins:
The customary practice for margins in legal forms is not less than one and a half (1
1/2) inches for both the top and left sides of the form. The right side of the form usually has a
smaller margin but close to the margins on the left and top side.
C. Notarial Seal
It is impressed at the end of the document where the document, page, book numbers,
and series of the notarial seal are indicated.
If the document consists of more than one page, the notarial seal must be impressed
on every page thereof.
The declarations can be enumerated by using: (1) WHEREAS before each declaration
or (2) by numbering each declaration.
In using the WHEREAS clause, the form must be ended with a THEREFORE clause.
They start with the announcement KNOW ALL MEN BY THESE PRESENTS, and end with
IN WITNESS WHEREOF.
DEFINITION OF AFFIDAVITS
3. the attestation by an officer authorized to administer the oath that the affidavit was actually
sworn by the affiant in the presence of that officer. 19
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An affidavit typically includes a title or caption, signature of the affiant, the jurat,
and the body of the instrument. An affidavit should also state the venue. The substance of
the document makes it an affidavit. If the affiant is competent to testify to the contents of the
affidavit at trial, then mere technical deficiencies do not render the affidavit improper.
2. no oath is administered.
An affidavit must state facts and at the same time, it should affirmatively demonstrate
how the affiant obtained personal knowledge of those facts. If the facts stated in the affidavit
are untrue and outside the personal knowledge of the affiant, then the affidavit will become
legally insufficient.
SIGNATURE
An affidavit must be SIGNED by the person preparing and attesting to the contents of
the affidavit. A signature is generally valid if made manually or by a device or machine. It can
also be made by using a trade or an assumed name. Thanks to the advancement of
technology, signatures can be made electronically. By signing the affidavit, the creator
confirms that the facts given in the affidavit are true to the best of the author's knowledge. If
the information given in the affidavit signed under oath is found to be false, the author is
liable for penalties for perjury.
JURAT
A JURAT is a name given to the clause at the foot of an affidavit showing when,
where, and before whom the actual oath was sworn or affirmation was made. In executing a
jurat, a notary guarantees that the signer personally appeared before the notary, was given
an oath or affirmation attesting to the truthfulness of the document, and signed the document
in the notary's presence. It is always important that the notary positively identify a signer for a
jurat, as s/he is certifying that the signer attested to the truthfulness.
If the document contents under penalty of perjury. However, jurat notarizations do not
prove a document is true, legal, valid or enforceable.
SS. (or ss.) means "scilicet" from the latin “scire licet” and translates to "it is
permitted to, to wit, or namely", and is placed in a jurat to indicate the location of the
signing of the instrument. If this section of the jurat is absent, it does not invalidate the
instrument. It merely serves to indicate the jurisdiction of the notary, which depends on the
jurisdiction or city in which he/she is appointed. SS. may also be used to refer to an
abbreviation of the phrase "subscribed and sworn to".
"Sworn and subscribed before me, on the day of _____, 2022, Notary Public.
A jurat is a name given to the clause at the foot of an affidavit showing when, where,
and before whom the actual oath was sworn or affirmation was made. In instances where a
sworn statement is not strictly required by law, a statement in writing in the form of an
affidavit is admissible even without a jurat. However, in some jurisdictions an instrument in
writing has no validity without a jurat. There is some support for the conclusion that the
omission of a jurat is not fatal as long as the instrument itself validates the content, or the
external evidence confirms that the instrument was sworn to before an authority.
Generally, affidavits taken in another state should be signed and sealed by the author
under oath and should be accompanied by a certificate authenticating the notary's authority
to administer the oath in that state. However, some jurisdictions allow affidavits signed before
a notary in another state without an accompanying certificate authenticating the authority of
the notary to administer oath. If there is no statutory provision defining the parameter to
authenticate a foreign notary, then the notary's official seal is sufficient to authenticate the
instrument.
An affidavit is an official written statement setting out the facts of a case and it is
considered the proof of a case. It is the main method to present the facts of the case to a
court. It must be promised, or declared, usually before a Justice of the Peace, Commissioner
of Oaths or solicitor, as a true record. Affidavits may also be a promise by a third person in
support of a case. The court has a model form to use and there is limited opportunity A to
give a personal account of your evidence in court. More evidence is provided by affidavit.
This allows a case to run more quickly and efficiently as all parties know what evidence is
before the Court.
The crime of perjury is committed by any person who shall knowingly make untruthful
s statements or make an affidavit, upon any material matter and required by law. It is
punishable by imprisonment of up to 2 years and four months.
AFFIDAVIT OF ARREST
An affidavit of arrest is generally filled out by the arresting officer and states the facts
and circumstances surrounding an arrest. The affidavit may state such facts as the
information which led to the arrest and the observations made before and after the arrest
occurred. It is a statement given under oath and penalty of perjury. It may also be referred to
as an arrest report.
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We, the UNDERSIGNED Police Officers, both members of the Philippine National
Police, presently assigned at the_____________________, _________________,
___________ do hereby depose and state THAT:
That on the complaint dated _____________________, (state the act and the crime
committed).
That, Upon receipt of their said complaint, our office planned out an entrapment
operation against the suspect. At about ___________________ of ____________________,
the undersigned together with the complainant proceeded at the prearranged pay off
___________________________ located along __________________________________,
___________________________ to give the money being asked by the respondent;
That, Upon arrival thereat, complainants waited for the suspect to arrive while we the
undersigned seated near the table of the complainants. At about
__________________________________, suspect arrived and approached the
complainants and after few conversations Complainants handed over the marked money to
the suspect that minutes of prompted the undersigned to immediately effect arrest;
That, the Seized and recovered in the possession and control of the arrested person
were the following, to wit: a.) Marked Money, (state the denomination and serial numbers);
b.) (Name of documents promised); c.) (type of CP and SIM Card); and d.) Other evidence
confiscated;
That, the Suspect together with the seized and recovered evidence was brought to the
_____________________________________, __________________, _______________for
booking and proper disposition. Likewise, the arrested person was apprised of their rights as
provided for under the H Constitution of the Philippines.
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That, the report of the PNP Crime Laboratory Group Physical Identification Report No.
________________, dated _______________ revealed that suspect
_____________________________________was POSITIVE for the presence of Bright
Yellow Ultraviolet Fluorescent powder on both palm and right dorsal portion of the hands. We
executed this joint affidavit to attest the truthfulness of the foregoing facts and to support the
filing of Criminal Cases against___________________________________ for violations of
_______________________________.
Affiant Affiant
I HEREBY CERTIFY that I have personally examined the herein affiants and I am satisfied
that they voluntarily executed and understood their given affidavit.
AFFIDAVIT OF COMPLAINT
When preparing an affidavit, a person typically writes down all of the relevant facts
concerning the legal matter.
In a complaint affidavit, the complainant clearly spells out the facts of the situation,
providing as much detail as possible. The date and time of the incident in question are noted
and the document describes what happened and how. People who witnessed the incident
may be identified and the document also discusses any action taken by law enforcement.
Identifying information about the defendant is also provided. When a person brings a
complaint affidavit to court with the intention of filing a civil suit, a summons form is also
filled out to alert the defendant to the fact that a complaint has been filed...
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AFFIDAVIT OF COMPLAINT
The undersigned executed this affidavit to attest the truthfulness of the foregoing facts and to
support the filing of Criminal Cases against _______________________ for violations
of ________________________________________.
Offended Party
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.
Judge
WITNESSES:
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AFFIDAVIT OF WITNESS
AFFIDAVIT OF WITNESS
That, (State other circumstances and the relationship either to the victim or accused or
both;)
(State the details of the acts committed by the accused against the victim.
(State the acts done by the witness and the reason thereof);
That, I am executing this affidavit to attest the truthfulness of the foregoing facts and
to support the filing of Criminal Cases against _____________________________ for
violation of _________________________________.
Affiant
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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SEARCH WARRANT
A search warrant is an order in writing, issued in the name
of the People of the Philippine Islands, signed by a judge or a justice of the peace, and
directed to a peace officer, commanding him to search for personal property and bring it
before the court.
-versus-
FOR:
x---------------------------------------------------x
That, relative to the said information, at around _______, the informer and
____________ together with the undersigned conducted investigation and surveillance
operation at _______________________located at __________________________,
______________________. The undersigned together with ___________________ and
_______________ inquires to the said office about _________________.
That, on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal
activities). (See photos & sketch and See Attached Calling Card, List of Requirements,
Studio Romano Job Order Form & MTC Job Information as Annexes "B" - "C")
(modus operandi).
That, on the said investigation and surveillance operation the undersigned confirmed
and believes that SUBJECT OF SW and/or any of its Officer, Agents, employees of
_____________________________ is indeed engaged in _____________________
despite the fact that the said office is _______________________________ and is not
licensed to _________________.
That, the properties, articles, objects and items which are used and/or intended to be
used in the commission of the afore-stated offense in the possession of the SUBJECT OF
S.W includes the following:
a. Leads
b………..
That, the undersigned has personally verified the report thru surveillance and investigation
activities together with ______________________ and to ascertain the veracity thereof and
found the same to be true and correct;
PRAYER
WHEREFORE, the Undersigned respectfully prays:
a. That the Honorable Court include in the Search Warrant and express authority to
conduct the raid of the above-mentioned premises at any time of the day or night including
SATURDAYS and SUNDAYS considering that these are the days when the customer traffic
are at its peak and to break open the premises to be searched should the owner thereof
refuse entry in the premises or is absent therein.
b. That this Honorable Court cause the immediate issuance of a Search Warrant
commanding any Peace Officer to conduct a search on the above-described premises and to
seize the above-described items to be dealt with as the law directs;
(Date), (Place).
Applicant
Presiding Judge
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That, I personally caused the preparation of the foregoing application for Search
Warrant and have read its content and the allegations therein, which are true and correct to
my own personal knowledge and belief.
(a) I have not therefore commenced or filed any application for a Search Warrant
involving the same issues in any court, tribunal or quasi-judicial agency and to the best of my
knowledge, no such other application for Search Warrant is pending therein;
(b) If there is such other pending Application for Search Warrant, I will therefore inform
this Honorable Court of the present status thereof;
(c) If I should thereafter learn that the same and similar application for Search Warrant
has been filed or its pending, I shall report that fact within five (5) days there from to this
Honorable Court, wherein the aforesaid application for Search Warrant has been filed.
Applicant
Date: _____________________
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Accused
x---------------------------------------------------------x
COMPLAINT
SUBSCRIBED AND SWORN before me this ___ th day of _________ 20______, in the
province of ___________________________.
JUDGE
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AFFIDAVIT OF DESISTANCE
An Affidavit of Desistance is a written statement under oath by the complainant stating that
has no longer interested in pursuing the complaint or criminal case against another person.
The complainant will no longer assist in prosecuting the other person by not giving either
evidence or testimony.
AFFIDAVIT OF DESISTANCE
I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate,
Manila, H after having duly sworn to in accordance with law hereby depose and state:
That, I am the complaining witness for Serious Physical Injuries against Jesus Santos
in the case entitled "People of the Philippines versus Jesus Santos", Criminal Case No.
12345, Metropolitan Trial Court, Branch No. 11, City of Manila.
That, After my sober and soul-searching assessment and analysis of the incident, I
have realized that because I was not wearing my eyeglasses and it was dark, I can not point
out, without a doubt the accused or any other person/s who inflicted harm against me.
That, Since I could not state with certainty and without doubt the liability of Jesus
Santos, in fairness to him, I am permanently withdrawing my complaint against him. I clear
him of whatever responsibility or liability to me. ULMA2 TA
That, I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to
dismiss with prejudice the said criminal case.
IN WITNESS WHEREOF, I hereby set my hand this day of September 20_ at the City
of Manila.
Juan de la Cruz
Complaining Witness
SUBSCRIBED AND SWORN to before me this 22nd day of January 20___ at the City
of Manila, Philippines.
Pedro de la Cruz
Public Prosecutor
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REPLY AFFIDAVIT
Complainant;
/--------------------------------------------------------------------------------------------------------------/
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REPLY-AFFIDAVIT
(Re. 22 October 2014 Counter-Affidavit
of Respondent Nissa Z. Maquiling)
That, Needless to state that Respondent Nissa Z. Maquiling has knowledge of the
anomalies of Respondent Katherine Jane B. San Juan when she allowed on 29 October
2013 the use of a pre-signed withdrawal slip to hide or conceal unaccounted amount or
shortage;
That, Even if the use of a pre-signed withdrawal slip had the permission by the
account holder/s as alleged by Respondent Nissa Z. Maquiling cannot erase the illegal act
she committed;
That, The letter of authorization from Flora Talam was belatedly made and submitted
after there was already a charge against Respondents Nissa Z. reply-affidavit.........
Maquiling, Jeann A. Lawat and Katherine Jane B. San Juan and worst of it after the act of
allowing to use a pre-signed withdrawal slip had by this time transpired;
That, The letter of authorization of one Flora M. Talam was dated 08 October 2014 but
was subscribed and sworn only on 17 October 2014 before Repondent Nissa Maquiling's
counsel Atty. Annemarie Acosta-Quiros recorded as Doc. No. 315; Page No. 63; Book No. 8
and Series of 2014 in her (Atty. Quiros) Notarial Register;
That, Respondent Nissa Z. Maquiling was not forced to pay the P70,000.00 and that
there was previous admission from her that she was the one who have used or benefited the
amount which admission gave the legal ground for the Complainant to demand payment of
the same. In addition, if and when she was not at fault then, she should not allow herself to
pay the amount
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AND SO, given and based on the above facts, most reputable witnesses, and
overwhelmin pieces of evidence duly presented, it is respectfully prayed of the Honorable
Provincial Prosecuto that Respondent Nissa E. Maquiling together with the other
Respondents above-mentioned held liable for Qualified Theft thru Falsification of
Public/Private Documents.
CATHERINE X. DAGAYLOAN
Affiant
SUBSCRIBED AND SWORN, to before me on the date and place first-above written,
affiant declaring under oath that all the allegations in the foregoing Reply- Affidavit are all
true and correct. I hereby certify that I have personally examined the affiant and I am
satisfied that she voluntarily executed and understood all the contents hereof.
Filing in Provincial Prosecutor Office and service to the adverse counsel are done thru
registered mail due to distance and impracticability of personal service. CATHERINE D.
DAGAYLOAN Copy furnished: Atty. Annemarie Acosta-Quiros Counsel for Respondents
Poblacion I, Oroqueta City.
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REJOINDER AFFIDAVIT
Rejoinder Affidavit is the response by the petitioner to the counter affidavit filed by
the respondent. Rejoinder affidavit may include response to response to the new facts raised
through the affidavit filed by the respondent. The Rejoinder is reply to the Counter Filed by
the Opposite party. The Pleadings of Petitioner or plaintiff are already filed and the opposite
party filed counter affidavit or Written Statement with new fats which are not correct
according to Petitioner or Plaintiff, in reply to the Counter of Respondent the petitioner can
file rejoinder denying the new facts which are not mentioned in the Petition or Complaint.
For the new facts, the complainant will file an additional statement, with support of an
affidavit. First show the reason to the court that why the petitioner is filing additional
statement and then take the order from the court for filling it.
JUANA DE LA CRUZ
Complainant,
NPS Docket No.
FOR: ESTAFA
-versus-
/-------------------------------------------------------------------------------------------------------------/
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JOINT REJOINDER-AFFIDAVIT
That, As respondents in the instant case, we have been in receipt of the Reply dated
15 August 2013 on 16 August 2013.
That, We deny the allegations under paragraph 3 of the Reply that "the alleged
APECO N projects did not exist at all as they did not materialize", for lack of knowledge to G
form a sufficient belief as to the truthfulness of the same. The fact that there was a "Contract
for Delivery And Payment Of Money" executed between the parties, which even provided for
onerous interest therein, only shows that indeed, both parties believed of the existence of the
s APECO project. Parties would not have entered into the said contract, if they did not
believe in H such project.
That, We specifically deny the allegations in paragraph 4 of the Reply, the fact being
that it is stated in their Contract for Delivery and Payment of Money that the amount
borrowed shall be used exclusively for the facilitation of the APECO project. Complainant is
very much aware of the need of the respondents in borrowing the said amount from her.
Parties met several times before the agreement was executed.
That, We deny the allegations in paragraphs 5 and 6 of the Reply, the fact being that
the project is located in Aurora, would only mean that the transportation and representation
expenses needed would be substantial, if not, would eat a portion of the amount borrowed.
Respondents were expecting to get a notice of award in one of the APECO project, that's
why several trips were made to the project site itself. And it never occurred to them that there
would be an accounting, as herein complainant is now demanding, on how the amount was
used. To stress, the money was used for this purpose only and not for any other use.
That, We deny the allegations in paragraphs 7 and 8 of the Reply, the fact being that it
was beyond the control of the herein respondents when they were told to wait for further
advice by the APECO people. It is for this reason that we returned the P200,000.00 to the
complainant, while awaiting for the said advice.
That, It bears stressing at this point that respondents are still seeking the compassion
of the complainant to give them more time to sort their finances and settle this problem on an
easier and more reasonable terms.
That, We are executing this Affidavit to attest to the truth of our foregoing statements,
in support of our Joint Counter Affidavit and to rebut the allegations against us in the
Complaint and Reply.
IN WITNESS WHEREOF, We have hereunto set our hands this 30th day of August
2022 at Paranaque City.
Affiant Affiant
SUBSCRIBED AND SWORN to before me this 30th day of August 2022 in Paranaque
City, Philippines.
CERTIFICATION
I hereby certify that I have personally examined the affiants and I am fully convinced
that they voluntarily and freely executed the foregoing Joint Rejoinder-Affidavit and they
understood the contents thereof.
COUNTER AFFIDAVIT
An affidavit made in opposition to one already made; this is allowed in the preliminary
-versus-
Respondent.
x--------------------------------------------------------------------------------------------------x
COUNTER AFFIDAVIT
That, I am a Freelance Journalist doing research on Human Rights violations and the the
protection of the environment in Samar for the Alliance of Concerned Samareños (ACOS)
and Kapunungan han Gudti nga Parag-uma ha Weste han Samar (KAPAWA). Copies of
some of my Research Works and Articles are hereto attached.
That, On February 13, 2021, having just completed my research task the previous
day, I left the village center of Barangay Bay-ang, San Jorge, Samar at a little past 9 o'clock
in the morning, and headed for what the barrio folk call their "port" - an unmarked quay by the
river which was less than an hour's walk via mountain trail, where a pump boat was
scheduled to pick me up at the said place and bring me to San Jorge town proper.
That, I was joined by Vicente Dacles, the Barangay Secretary, and several other
residents of Bay-ang who were all going to town as well for some business.
That, Dacles was at the head of our pack, followed closely by myself, while the rest,
who were mostly women and children, were falling behind by at least a hundred meters.
That, At around 10:00 am, as we were just some 200 meters away from our
destination, we caught sight of a platoon of soldiers who motioned us (Dacles and myself) to
stop. I at once noticed that the soldiers were resting and cooking by the left side of the trail.
That, One of them approached us alertly and asked where we came from and where
we were going. Dacles said that we came from the village and that a pump boat was waiting
for us nearby as we were headed for town. It beri
That, The soldier then inquired if we knew where they could fetch water. Dacles
turned around and pointed to an area somewhere, and gave the soldier brief directions on
how to get there. He even added that if it became difficult to locate, the soldier could just ask
the rest of our company who were lagging behind. The soldier then told us to carry on, and
so we did.
That, Barely a minute after we had started walking again, another group of soldiers
(this time merely a team) had appeared in front of us. One soldier asked the same questions
- where did we come from? Where were we going? Dacles simply repeated the answers he
gave earlier.
That, Dacles also told the soldier that we had already passed through the main body
of the platoon and had in fact given the soldiers there directions where to get drinking water.
The soldier told us we can go.
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That, just as we were turning our backs to him, the soldier again ordered us to halt. He
was intently eyeing the mini-knapsack that I was carrying. He said: “Ano 'yang nasa bag
mo?"
That, Before I could even reply, the soldier, in brisk movements, had un-slung the
knapsack from my shoulders and had zipped it open. It was my computer notebook and
some other complimentary gadgets he found inside my mini-knapsack.
That, The soldier was quite surprised by what he saw. "Nasa bundok ka tapos may
laptop
That, The soldier and his team led us quickly back to where the main body of the
platoon was. There the soldiers took turns doing body search on me. They emptied my
pockets and my sling pouch; they checked my sides, ran their hands through every part of
my body and lifted the hem of my shirt up to my neck looking for concealed weapons. They
did not find any.
That, One soldier handed me my computer and told me to turn it on. I told them that
the E batteries had already drained out. I pressed the power button to show them that the
computer C won't boot. But another soldier scolded me for pressing the button saying that I
might have H consciously and slyly triggered the computer to self-destruct.
That, I vehemently deny that "the hand grenade" was confiscated in my possession or
under my control, but was in truth only planted by the military who arrested me.
That, In my arrest and continued detention, my constitutional and human rights were
violated. To summarize: a. I was arrested without warrant while not committing any crime or
doing anything illegal; 7 b. I was not informed of the reason for my arrest at the time of my
arrest; c. I was denied the right to counsel; d. I was denied a phone call and prevented from
contacting my family or my lawyer; e. I was subjected to prolonged interrogation for 44 hours;
f. During tactical interrogation, I was physically and psychologically tortured; g. I was
deprived L of sleep, threatened, intimidated, coerced and forced to admit membership in the
NPA; h. The evidence against me, "the grenade", was planted; i. The complaint against me
was filed in court only after 72 hours and 30 minutes after my arrest; and, j. I was detained in
a military camp, which is not of civilian jurisdiction.
This Counter Affidavit is being executed to attest to the truth of all the foregoing facts and
events and to disclaim all the accusations against me.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this 11th day of April,
2021 at Calbayog City.
Affiant SUBSCRIBED AND SWORN to before me this 11th day of April, 2011 at
Calbayog City. I hereby CERTIFY that I have personally examined the affiant and that I am
satisfied that he has voluntarily executed and understood his Counter-Affidavit.
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An affidavit of denial may be submitted to clear one's name when there are other
records bearing the same name with pending case or derogatory information.
AFFIDAVIT OF DENIAL
That, I have been living in Singapore since of my Identification Card/ Work Pass/ Work
Permit in Singapore (Annex A):
That, I applied for clearance from the National Bureau of Investigation (NBI) of the
Republic of the Philippines and said office informed me that I have a pending criminal case
__________________________________________________. The National Bureau of
Investigation requested me to affirm or deny my alleged involvement;
That, I am not the same person referred to in the aforesaid case as I have never been
involved in nor charged of any crime;
That, I execute this affidavit to deny any involvement in any crime and to clear my
name of whatever adverse records on file with the National Bureau of Investigation.
Affiant
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AFFIDAVIT OF UNDERTAKING
It is the main way you present evidence (facts of the case) to a court. It must be
sworn, or affirmed, by signing and should be duly attested/ affirmed.
AFFIDAVIT OF UNDERTAKING
(Survivorship)
That his/her terminal leave benefits is not sufficient/has no terminal leave benefits to
cover his/her COA bill from the Commission amounting to _____________________ and
loan obligations from the ____________________________ amounting to
_________________;
(Financial Institutions)
IN WITNESS HEREOF, I have hereunto signed my name below this _________ day
of __________, 20______ at _________________________.
Affiant
Witness:
____________________________
NOTARY PUBLIC
AFFIDAVIT OF LOSS
2. Your name, statement that you are of legal age, civil status, citizenship, and
residence address.
3. A narration of the circumstances of the loss, which includes (i) description of the item
or document lost; (ii) description of how it got lost; (iii) the effort exerted to find it; and (iv)
your request for a replacement of the item or document lost.
4. The signature of the affiant. Affiant is the person executing/signing the document.
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5. The jurat. The jurat is the oath or affirmation before the notary public that you have
personally executed the document in the presence of the notary.
AFFIDAVIT OF LOSS
That, I have recently discovered the said item/s is/are irretrievably lost and can no
longer be found despite diligent efforts to locate the same;
Affiant
(Signature over Printed Name)
Competent Evidence of Identity
ID:
Issued on : at:
SUBSCRIBED and SWORN TO before me on the date and at the place indicated
below. The affiant exhibited to me his competent evidence of identity as indicated above.
Notary Public
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DEPOSITION OF WITNESS
Part of a pretrial process includes getting statements from individuals who are likely to
be called to testify in court. Depositions are intended primarily to find out what the other side
knows. Unlike Hollywood trials, real trials did not permit "surprise evidence". Depositions are
completed during the fact-finding or discovery stage, and information that is not brought forth
during this period typically is inadmissible during a trial.
Prior to deposing individuals, attorneys from the plaintiffs will typically submit
interrogatories or written questions to the defendants. The exchange between the plaintiffs in
the defense may be ongoing for an extended period of time as information is obtained.
During this questioning, it's quite often to ask names of those who have specific knowledge
regarding the plaintiff's case. These individuals are to be identified as accurately as possible
by the defense. If the defense intends to use expert witnesses, an affidavit describing the
opinion of the expert is to be provided as part of the discovery process. This affidavit usually
serves as the basis for beginning depositions of the experts.
-versus- For
__________________________
Respondent
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x---------------------------------------------x
DEPOSITION OF WITNESSES
A:
A:
4. Q- Do you have personal knowledge that in said premises the following properties are
being kept, being used or intended to be used without proper documents, to wit:
________________________
5. Q: Do you know who is or who is the person or persons who have or have control of him
above described properties?
A:
6. Q: How did you know that the said properties are kept in his/her premises which are
subject of the offense?
A: We conducted discreet surveillance and it was confirmed that ____________ is keeping
_____________________in his/her premises/ residence.
Affiant Affiant
JUDGE
PRELIMINARY INVESTIGATION
When information is filed in court, the determination of the criminal case will be within
its exclusive jurisdiction and competence, and no longer with the public prosecutor. Once in
court, the Revised Guidelines generally apply to the proceedings.
COMPLAINANT/S: RESPONDENT/S
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1. _______________________ __________________________
Address: _______________ Address: __________________
2. _______________________ 2. _______________________
3. _______________________ 3. _______________________
CHARGE:
4. ____________________________________________________________________
____________________________________________________________________
____________________________________________________________________.
Place of Commission:
5. ____________________________________________________________________
____________________________________________________________________
__________________________________ Date ____________Time
______________( Use back hereof for add accused)
Witness:
Name__________________________Address____________________________________
__________________________________________________________________________
__________________________________________________________________________
_____________________________________.
NOTE:
1. Has a similar complaint been filed before any other office? (YES OR NO)
3. Are all the above information true and correct _____________ ( YES or NO)
On relation of _____________________________
IMPORTANT! A complainant shall be required to file his complaint in the form of an affidavit
to which must be appended affidavit of witnesses, annexes and other supporting documents.
The statements of the complainant and his witnesses, shall be, far as practicable, be sworn
to before the investigating Prosecutor. If sworn before any Officer authorized to administer
oaths, the administering Officer shall CERTIFY THAT HE HAS PERSONALLY EXAMINED
THE AFFIANT AND THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS
AFFIDAVIT.
A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A
motion for reconsideration is an application to the Court requesting that the Court alter or
amend a judgment or order, and it must be served no later than twenty (20) days after the
order has been served on all parties. June 21, 202205
DEFENDANT, assisted by the Public Attorney's Office through the undersigned counsel,
most respectfully states that:
That, Defendant was declared to be in default on April 11, 2022 when she failed to file her
answer within the reglementary period. Herein attached as Annex "1" is the said Order.
That, Defendant begs for a reconsideration of the said Order for the reason that she did not
receive a copy of the complaint nor any summons from this Honorable Court regarding the
above cited case. She only received on April 23, 2022 a copy of the Order dated April 11,
2022, already declaring her in default. She immediately sought assistance from the Public
Attorney>s Office to avail of any remedies.
That, In the interest of substantial justice and for the reason earlier stated, defendant begs
the compassion of this Honorable Court to admit her attached Answer. Delay in the
proceedings of this case was never intended.
PRAYER
ATTY. ____________________________________________________
Roll No. ____________________, IBP No._____________; _____________; ________
MCLE Compliance No. __________________; ____________________
NOTICE OF HEARING
Clerk of Court
METC Branch 61, Makati City
Atty. ____________________________________________________________
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Greetings:
Please submit the foregoing for the consideration and approval of this Honorable
Court at the soonest possible time or on May 17, 2022 at 8:30 in the morning.
NOTICE OF APPEAL
The notice of appeal shall indicate the parties to the appeal, specify the judgment or
final order or part thereof appealed from, specify the court to which the appeal is being taken,
and state the material dates showing the timeliness of the appeal.
x------------------------------------------------------x
NOTICE OF APPEAL
COMES NOW the complain by the undersigned attorney and within the reglementary period
prescribed by the Rules of Court hereby files this notice of appeal from the judgement of
dismissal rendered by __________________________ of ________________________
_____________________, _____________________, ________________.
(Address)
Copy hereof received ________ this
_________________ day of ________, ________
_________________________________________________________________________
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.
Plaintiff.
Accused.
X ------------------------------------------------------------------------x
COMMITMENT ORDER
SO ORDERED.
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EXAMPLE
X -------------------------------------------------x
PETITION
COME NOW the Petitioner, Dangerous Drugs Board (DDB for brevity) and unto this
Honorable Court most respectfully AVER:
That, This Petition is for the voluntary confinement for treatment and rehabilitation of a
drug dependent pursuant to Section 54, Article VIII of RA 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002"; and Board Regulation No. 3, Series of 2007
in relation to Section 19, Rule 141 of the Rules of Court, exempting government entities from
paying fees;
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THE PETITIONER
That, The Dangerous Drugs Board is a government agency under the Office of the
President created pursuant to Section 79, Article IX of RA 9165, otherwise known as
"Comprehensive Dangerous Drugs Act of 2002, with office address located at the 3rd Floor,
DDB-PDEA Building, NIA North site Road, National Government Center, East Triangle,
Diliman, Quezon City, represented herein by its Executive Director, Undersecretary EDGAR
C. GALVANTE____________________________ while the drug dependent subject of this
Petition is a Filipino, minor, legal age, single/married with residence and postal address at
__________________________________________________________________;
That, under Section 54 of the Act, all applications for voluntary confinement for
treatment E and rehabilitation shall be filed with the Dangerous Drugs Board (DDB) or any of
its duly authorized representatives, who, after determining that the applicant is a drug
dependent, shall bring forth the said application of any person determined to be drug
dependent on dangerous drugs thru a petition of the Board to the Regional Trial Court of the
province or city where the I applicant resides;
That, pending the issuance by the Court of a Commitment Order, said drug dependent
has been placed for temporary confinement of not more than fifteen (15) days at the
__________________________and shall be released therefrom and committed to the Court
hearing the Petition;
Executive Director
By:
Atty. ___________________________
By: _______________________________
VERIFICATION
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2. That I have read and fully understood the contents of the application, finding them true and
correct according to my own knowledge, information and belief.
NOTARY PUBLIC
Doc. No.______
Page No. _____
Book No. _____
Series of
APPROVED / DISAPPROVED:
____________________________
Atty. DANIEL A. ADEVA III
Duly Authorized DDB Representative
LEGAL FORMS
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SGD.MICHAEL C. PANGILINAN
(Reporter)
This certification is issued upon the request of Mr. Eduardo T. Labrador for whatever
legal purposes and intents it may serve.
Prepared by:
ISABELO A. FORONDA
SPO3 PNP
Officer -on- Case
NOTED BY:
LEGAL FORM
SAMPLE REGIONAL TRIAL COURT INFORMATION
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versus
and
ACCUSED:
Detained: Muntinlupa City jail
Tunasan, Muntinlupa City
X--------------------------------X
INFORMATION
The undersigned Assistant City Prosecutor accuses CRISOLOGO DE CALOG y
BARRIO and RUDY ANTONIO Y MASLOG of the crime of Frustrated Homicide in relation to
RA 7610, committed as flows:
That on or about the 21st day of July, 2009 in the City of Muntinlupa, Philippines, and
within the jurisdiction of the Honorable Court, the above-named accused, conspiring,
confederating and mutually helping and aiding one another, armed with stone, with intent to
kill, did then and there willfully, unlawfully and feloniously attack, assault, strike with a stone,
JUAN PATRICIO BACOBO Y DIOSO, 12 year old minor, in the different parts of the body
and head, continuously punching and hitting his mouth and body, thereby inflicting upon his
person wounds which are fatal, thus performing all the acts his person wounds which should
have produced the crime of homicide, as a consequence but nevertheless did not produce it
by means of a cause independent of his will, that is due to the timely and able medical
attendance rendered which prevented his death, such acts of child abuse are prejudicial to
the development and growth of JUAN PATRICIO BABOBO y DIOSO.
Contrary to law,
Muntinlupa City, July 24, 2009
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BENIGNO A. PALIPAD
Assistant City Prosecutor
I hereby certify that the foregoing information is filed pursuant to Section 7, Rule 112
of the Rules on Criminal Procedure, as amended, the accused not having opted to avail of
his right to a preliminary investigation and not having executed a waiver pursuant to Article
125 of the Revised Penal Code, I further certify that the information is being filed with the
prior authority of the City prosecutor having been first obtained.
BENIGNO A. PALIPAD
Assistant City Prosecutor
FERNANDO B. SUMULONG
Assistant City Prosecutor
HEADQUARTERS
MUNTINUPA CITY POLICE STATION
CRIMINAL INVESTIGATION SECTION
City of Muntinlupa
_____________________________________________________________________
MEMORANDUM
2. Subject person is a suspect of alleged Child Abuse that took July at Bagong Daan,
Bayanan, Muntinlupa City on or about 10:30 P.M. of January 21,2009. Likewise said
suspect is a complainant of alleged physical injury that occurred at front of
Prosecutor's building around 7:30 P.M. July 22, 2009.
(Sgd)
MICHAEL A. PANGILINAN
Police Senior Inspector
Chief, Investigation
Reference:
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Balares, M.B. et al. ( 2023). Technical English 1 & 2 (Legal Forms) for Criminology Students.
Wiseman’s Books Trading Inc.
Foronda, M.A. (2021). Technical English 2 (Legal Forms). Wiseman’s Book Trading, Inc.
West's Encyclopedia of American Law, Edition 2.Copyright 2008 The Gale Group, Inc. All
rights reserved.