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LEGAL FORMS IN ACTION

CDI 4 (TECHNICAL ENGLISH 2 – LEGAL FORMS)

MA. FATIMA C. PACULANANG


MARJORIE O. TUDARA

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Legal forms in Action

Copyright 2020

by

Ma. Fatima C. Paculanang

Marjorie O. Tudara

and

Jose Rizal Memorial State University

All rights reserved. This book or any portion thereof may not be reproduced or used in
any manner whatsoever without the express written permission of the author except for
the use of brief quotations in a book review.

Page and Cover Design: Jenalyn A. Paez


Editor:
ISBN:

Published by:
JOSE RIZAL MEMORIAL STATE UNIVERSITY – Dipolog Campus
The Premier University in Zamboanga del Norte
National highway, Turno, Dipolog City
Tel. No. (065) 212 - 2292

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COURSE INTRODUCTION

Legal Forms is a subject in the Criminology Curriculum. Its study is both


interesting and relevant for students in criminology as these binding written documents
serve as means for putting into effect legal proceedings, court orders and notices. In
fact, legal forms are indispensable and are often encountered in the practice of law
enforcement. This course aims to enlighten the minds of learners on the significant
function of legal documents, and at the same time, gives opportunity for a glimpse on
how law enforcement operates in the pursuit of justice and order.

Series of activities with worksheets are offered in this course while properly
observing the diversity of students, multiple intelligences, and gender sensitivity as
special features of this learning package. The use of software application and
presentation is utilized to create output of learners as well as Google classroom for an
online class.

As a flexible learning package, this course includes course introduction, course


syllabus, learning guide, learning contract, summative assessments, course
requirements, and activities and assessments to be accomplished.

This learning package is distinct from other books because it has the
following major parts:

Course Introduction – It presents vital information about the course.

Course Syllabus – This provides vital information on the course outcomes,


learning outcomes, activities, assessments, grading system, and the course
requirements.

Learning Guide – This provides significant information as to the students’


schedules of submitting the output and the course requirements, feedback modality,
communication mechanism, and the contact information of the instructor/professor and
other authorities of the University/Campus.

Learning Contract – It is a document that contains the commitment of the


learners in accomplishing the activities which includes also the Data Privacy Act,
plagiarism rules, safety reminders, and parents’ support.

Summative Assessments – These are forms which include the summative


assessments plan, summative assessment instructions and assessment rubrics.

Flexible Learning Module – This is the meat of the package that contains the
front contents, module content (learning outcomes, pretest, content learning activities,
and assessments), and the back contents.

With this learning package, it is hoped that students gain knowledge and acquire
skills to prepare them for their future profession.

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Republic of the Philippines

JOSE RIZAL MEMORIAL STATE UNIVERSITY

The Premier University in Zamboanga del Norte


Registration No. 62Q17082

COLLEGE OF CRIMINAL JUSTICE EDUCATION


PROGRAM : Bachelor of Science in Criminology

DEPARTMENT : College of Criminal Justice Education

INSTRUCTOR/PROFESSOR : MA. FATIMA C. PACULANANG

MARJORIE O. TUDARA
JRMSU-IMD-DIP-___
COURSE SYLLABUS
Pre-Requisite/s: None Course Code CDI 4 Day & Time :

Unit Credit : 3 units Room :


Course Title Technical English 2 – Legal Forms
Consultation Hours :
No. of Hours : 54 hours

PHILOSOPHY Jose Rizal Memorial State University adheres to the principle of dynamism and cultural diversity in building a just and humane society.

VISION A dynamic and diverse internationally recognized university.

Jose Rizal Memorial State University pledges itself to deliver effective and efficient services along instruction, research, extension and
production.
MISSION
It commits itself to provide quality professional, technical, technological training with the aim of producing skilled, self-renewed and
globally competitive individuals.

Jose Rizal Memorial State University focuses on developing graduates who are exemplars of Rizal’s ideals that can:

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GOALS E – xhibit relevant and responsive competencies across disciplines towards

X – enial delivery of services;

C – ommunicate ideas proficiently in both written and spoken form,

E –ngage in lifelong learning;

L –ead effectively and efficiently amidst socio-cultural diversity;

L – ive up the challenges of the global community;

E – embody professional, social and ethical responsibilities;

N – urture a harmonious environment;

C – onserve and promote Filipino cultural heritage; and

E – valuate their contribution to the local and global communities.

QUALITY Jose Rizal Memorial State University, a believer of holistic human development, excellence and quality service, provides quality training
POLICY and development to students. It shall commit to provide adequate, suitable and relevant sources and services with continuing quality
STATEMENT management system for clients and customers’ satisfaction through an efficient and effective quality system which conforms with national
and international statutory and regulatory requirements.

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Globally Competitive – Demonstrate flexibility and adaptability when immersed in culturally diverse environments to foster harmonious
relationship with internal and external stakeholders of the organization.

Industry Relevant – Acquire relevant positions at any travel and tourism related organizations or as entrepreneurs.

Effective Communicator – Skillfully utilize various information and communication technology devices necessary in the execution of task
and responsibilities in various business situations.
Graduate
Attributes Innovative – Develop plans and programs responsive to the needs and demands of the industry and community integrating creativity and
innovation to produce sustainable value creation

Service Driven – Demonstrate Rizal’s high moral values and ethical standards.

Lifelong Learner – Engage in lifelong learning through continuous personal and professional advancement to keep current with local and
global standards.

The graduates should be able to:

1. Demonstrate competence and broad understanding in the practice of law enforcement, public safety, criminal justice
and other allied services;
2. Uphold the principles of human rights and victim’s welfare in professional practice.
Program 3. Apply investigative techniques using comprehensive knowledge in criminalistics or forensic science in the
investigation and detection of crime;
Outcome/s 4. Apply the principles and jurisprudence of criminal law, evidence and criminal procedure in the practice of profession.
5. Generate objective and accurate, fair investigate report during the conduct of investigation.
6. Design criminological investigations on crimes, victims and offenders, including differing behavior and crime prevention
measures.
7. Apply high moral principles and rule law in the conduct of crime investigations.
8. Apply proper ethics in upholding the welfare and development of the offender for their reintegration into the community.
9. Arrived preventive measures and better way of solving crimes through research
This course focuses on the study of Legal Forms used in judicial proceedings and law enforcement of which familiarization of the same is
Course essential to students of criminology. It is designed to make students become acquainted with the parts and contents of these legally
Description binding and enforceable documents and, at the same time, obtain awareness of their value in upholding the rule of law and promoting
justice.

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References

Affidavit of Arrest | Affidavit | Legal Procedure. Scribd. (2020). https://www.scribd.com/document/249617263/Affidavit-of-


Arrest

Affidavit of Desistance | Philippine Legal Form. Legal-forms.philsite.net. (2020). http://legal- forms.philsite.net/affidavit-of-


desistance.htm

Bajado-Nano & Pioquinto. (2014).Technical Report Writing 2 for Criminology Students. Wiseman’s Books Trading, Inc.

CLARIDADES, P., CLARIDADES, P., & CLARIDADES, P. (2020). Atty. Alvin Claridades. Atty Alvin Claridades.
https://attyalvinclaridades.wordpress.com

Complaint Affidavit Sample | Crimes | Crime & Justice. Scribd. (2020).https://www.scribd.com/doc/110145591/Complaint-Affidavit-


Sample

Criminal Complaint Sample | Marriage | Social Institutions. Scribd. (2020). https://www.scribd.com/document/323170714/Criminal-


Complaint-Sample

Dictionary, Encyclopedia and Thesaurus - The Free Dictionary. TheFreeDictionary.com. (2020). https://legagaldictionary.thefreedictionary.com

Dictionary by Merriam-Webster: America's most-trusted online dictionary. Merriam-webster.com. (2020). https://www.merriam-webster.com/

Free Online Legal Form & Document Creator | Legal Templates. Legal Templates. https://legaltemplates.net

Google.com. (2020). https://tinyurl.com/yxepp3gt

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Legal Dictionary. TheFreeDictionary.com. (2020). https://legal-dictionary.thefreedictionary.com

Sample of Affidavit of Witness | Affidavit | Witness. Scribd. (2020). https://www.scribd.com/doc/65394098/Sample-of-Affidavit-of-


Witness

Sample Format of Sworn Statement (Question and Answer) (1) | Affidavit | Crimes. Scribd. (2020)
.https://www.scribd.com/document/434360354/Sample-Format-of-Sworn-Statement-Question-and-Answer-1

Sample Information for Homicide. Philippinelegalforms.com. (2020).


https://www.philippinelegalforms.com/2014/01/sample-information-for-homicide.html

Small Business - Chron.com. Small Business - Chron.com. (2020).


https://smallbusiness.chron.com

Suarez, Rolando A.(2007). Legal Forms. Rex Printing Company,Inc.

Sworn Statement Sample | Document | Civil Law (Common Law). Scribd. (2020).
https://www.scribd.com/doc/271815068/Sworn-Statement-Sample

Team, A. (2020). The Lawphil Project - Arellano Law Foundation, Inc.. Lawphil.net. from https://lawphil.net

The IT Law Wiki. Itlaw.wikia.org. (2020). https://itlaw.wikia.org

Top-notch Law Firm in Metro Manila, Philippines | Corporate, Family, IP law, and Litigation Lawyers. Law Firm in Metro Manila,
Philippines | Corporate, Family, IP law, and Litigation Lawyers. (2020).

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https://ndvlaw.com

US Legal, I. (2020). Legal Definitions Legal Terms Dictionary | USLegal, Inc.. Definitions.uslegal.com. https://definitions.uslegal.com

Welcome to LII. LII / Legal Information Institute. (2020). https://www.law.cornell.edu

8. Warrant of Arrest. Scribd. (2020). https://www.scribd.com/doc/269349277/8-Warrant-of-Arrest

Grading Plan

Grades are computed using the following formula:

Grade = ___Raw Score___

Total No. of Items x 50 + 50

The term grade is computed using the formula:

30% =Major Examination (Midterm and Finals)

30% =Quizzes, Written Exams, Unit Tests

40% =Performance/ Oral Participation/Projects/Assignments/Attendance

Midterm Grade = 50%

Final Grade =_50%_

Total Grade 100%

Rules of Conduct

Course requirements must be submitted on time.

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Learning Guide

The key to successfully finish this material lies in your perseverance to sincerely
and honestly perform the learning activities and accomplish the assessments. This
flexible learning package is developed with the aim to aid your learning for this course.
Aside from meeting the content and performance standards of this course in performing
all the learning activities and assessments, you will be able to learn the skills and values
which are needed in achieving the future skills and the graduate attributes to become
globally competitive individuals.

Classroom Rules and Conduct


The following are the house rules which will help you to be on track and
successfully finish this course:
1. Schedule and manage your time to read and understand every component
of this learning package.
2. Study on how you can manage to perform all the learning activities in
consideration with your resources and accessibility to technology. Do not
ask questions that are already answered in the guide.
3. If you did not understand the readings and the other tasks, read again. If
there are still clarifications and questions, feel free to reach me through the
contact information indicated in this guide.
4. Do not procrastinate. As much as possible, follow the timetable.
5. Read and understand the assessment and technology tools as indicated in
the directions in every assessment or activity.
6. Before the end of the midterms, you will be tasked to send back the
material trough the pigeon boxes in your department. For online learners,
you will submit your output and other tasks in the google classroom. While
waiting for my feedback of your accomplished module, you may continue on
accomplishing the tasks in the succeeding units that are scheduled for the
finals.
7. Most importantly, you are the learner; thus, you do all the tasks in your own.
You may ask assistance and guidance from your parents, siblings or
friends, but all the activities shall be performed by you alone.
8. Course requirements must be submitted as to schedule.
9. Plagiarism is strictly prohibited. Be aware that plagiarism in this course
would include not only using another’s words, but another’s specific
intellectual posts in social media. Assignments must be done independently
and without reference to another student’s work. Any outside sources used
in completing an assignment, including internet references must be fully
cited on any homework assignment or exercise.
10. All students should feel free to talk to the instructor face-to-face or through

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media during office hours.
11. Academic accommodations are available for students with special needs.
Students with special needs should schedule an appointment with the
instructor early in the semester to discuss any accommodations for this
course.
Study Schedule

Week Unit Title Activities

August 24- Orientation Reading of Learning Package


28, 2020

August 31- Definition / Importance Creating a comic strip about the


September 4, of Legal Forms importance of legal forms to the law
2020 enforcement

September 7-
11, 2020 Continuation of making comic strip

September 14- Classification of Legal Making a blog using the Venn diagram
18, 2020 forms
and

Writing a reflective paper on “How the


study of legal forms enhances
substantial skills related to my future
career?”

September 28- Legal forms used in Formulating Legal form Samples


30, 2020 Law Enforcement
Making a sworn statement in a
1. Sworn Statement / narrative form and question and answer
Sworn Declaration form

October 1-2, 2. Affidavit Making an affidavit of complaint and


2020 desistance forms

October 5-9, Affidavit of arrest and witness forms


2020

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October 12 – 3. Inquest form Making an inquest form and complaint
16, 2020 4. Complaint in in criminal cases form
Criminal cases

October 19- 5. Information Making of an information and


23, 2020 6. Deposition of deposition of
Witness Witness forms

October 26- 7. Motion for Making of Motion for Reconsideration


30, 2020 Reconsideration form

November 3-6, Creating of Legal forms Portfolio


2020 (Make a compilation on the different
examples of legal forms as discussed)

and

Writing an Essay explaining


the significance of legal forms as
medium for arriving at the truth
concerning a criminal case from the
facts and circumstances contained
therein

November 9- 1. summons / Formulating Official Notices Samples


13,2020 Appearance notice
Making a summon
2. Subpoena and
subpoena notices

November 16- 3. warrant of arrest Making of warrant of arrest notice


20,2020

November 23- 4. search warrant Making of Search warrant notice


27, 2020

December 1-4, 5. Notice of Appeal Making of notice of appeal


2020

December 7- Official Notices Portfolio


10, 2020 (Make a compilation on the different
examples of official notices as
discussed)

and

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Writing a Reflective Paper on the
prominent role and responsibility of
police officers to put into effect the
notices and orders emanating from
courts of law.
.

December 11- University Week


15, 2020
December 16-
18, 2020 Christmas Break
December 21-
January 3,
2021
January 5-6, Submission of Final Requirements
2021

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Evaluation

To pass the course, you must observe the following:

1. Read the course module and answer the pre test, quizzes, self-assessment
activities.
2. Write your thoughts and suggestions in the comment boxes.
3. Perform all the learning activities.
4. Accomplish the assessments.
5. Submit the course requirements.
6. Perform the Midterm and Final Assessments
7. Pass the Midterm and Final Examinations

Technology Tools

In order to perform all the learning activities and accomplish the


assessments, you will need these software applications: word processing and
presentation software. These are applications that are available in your desktop or
laptop that will not require internet connection. All materials and activities that will
involve reporting, interpretation, and video making will be created using Microsoft
word or any application alike, be saved in the CD or flash drive. These materials will
be submitted through the pigeon boxes. For online learners, materials will be
uploaded in Google classroom.

Feedback Modality and Communication Mechanisms

Feedback system will be facilitated through text messaging. If you need to


call, send me a message first and wait for me to respond. Do not give my CP
number to anybody. I will not entertain messages or calls from numbers that are not
registered. You may send your clarifications and questions through the Google
classroom.

Grading Plan

The term grade is computed using the formula:


40% - Performance
30% - Major Requirements
30% - Formative Assessment

Midterm Grade = 100% of the Midterm Grade (if applicable)


Final Grade = 50% of the Midterm Grade + 50% of the
Final Term Grade (if applicable)

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Contact Information

Person/Office Email address CP number


Instructor

IMDO
FLS
CAS
DSAS
Library
DRMMO

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JOSE RIZAL MEMORIAL STATE UNIVERSITY

LEARNING AGREEMENT
By signing this learning agreement, I commit to the following terms and conditions of
Jose Rizal Memorial State University in the implementation of Flexible Learning System.
Specifically, I commit to observe the following:

1. That I must observe all guidelines of the state pertaining to the prevention of
COVID, specifically to stay home, to observe physical distancing and the use of
face masks when interacting with others.
2. That I shall prioritize my health and safety while I comply with all the necessary
learning activities and assessments needed in my enrolled courses.
3. That I will exhaust all means of complying the requirements at home or in a less
risky place and location that will not allow me to be exposed to other people.
4. That I have already read and understood all instructions pertaining to my enrolled
courses.
5. That I commit to do all the learning activities diligently, following deadlines and
the learning guide enabling me to deliver the course requirements.
6. That I commit to answer all forms of assessment in the learning package
honestly.
7. That I shall initiate in giving feedback to my instructor at least once every two
weeks.
8. That I shall not reproduce or publish any part of the learning package content
without the written consent of the University and the author/s.
9. That I shall not commit any form of plagiarism in all course requirements.

Conformed:
_______________________________ ___________________
Name and signature of student Date signed

_______________________________ ___________________
Name and signature of parent/guardian Date signed

_______________________________
Contact Number of Parent/Guardian

**Please email the signed copy of this learning agreement to your instructor as soon as you have
received the learning package.

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Jose Rizal Memorial State University
Form No. F16: Summative Assessment Plan

Background: This form aims to document the summative assessment strategies that a
teacher deems appropriate to the course being taught and its corresponding course
outcomes. Summative assessments are methods used to evaluate student learning,
skill acquisition, and academic achievement at the conclusion of a defined instructional
period – typically at the end of a course or a semester. Summative assessments are
requirements across all courses in JRMSU. Please refer to the JRMSU Handbook on
Flexible Learning for the guidelines in designing summative assessments.

Course Title: Technical English 2 – Legal Forms SY/ Sem: 2020-2021/ 1st Semester
Course Code: CDI 4

No. Course Title of Description Scoring/ Weight (%)


Outcomes Assessment Grading in
Standard Final
Grade
1 Manifest Comic Strip Create comic strip Rubric
comprehension narrating the Performance
of the essence importance of legal
and merit of forms to law
enforcement.
legal forms in
Blogging
legal Use Venn diagram to
transactions compare and contrast
and judicial judicial and business
proceedings. forms and create a
blog on it.

Reflection
Paper Write a reflection
paper on “How the
study of legal forms
enhances substantial
skills related to my
future career.”
2 Acquire Essay Most legal forms Rubric
comprehensive related to law Performance
knowledge on enforcement are made
the parts and under oath. In at least
100 words, explain the
contents of
significance of these
legal forms forms as medium for
related to law arriving at the truth
enforcement concerning a criminal

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case from the facts
and circumstances
contained therein.

Reflection Reflect on the


Paper prominent role and
responsibility of police
officers to put into
effect notices and
orders emanating from
courts of law. Write
insights in paragraph
form.

Template Assume the following


roles enumerated and
do the task intended.
Follow the prescribed
format on the
forms/notices
discussed.

Portfolio Make a compilation on


the different examples
of legal forms/official
notices then create a
professional quality of
portfolio covering the
legal forms/official
notices discussed.

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Jose Rizal Memorial state University
Form No. F17: Summative Assessment Instructions to Learners

Title of Assessment: Reflection paper


Course Code: CDI4 Course Title: Technical English 2 – Legal forms
Assessment No. CDI 4 - 02 Due: September 18, 2020
Date of Release of Results: October 1, 2020

Introduction and Rationale:

A reflection paper is a written output wherein the students share their


thoughts or analysis on what they have read and understood. It is meant to
explain their knowledge to the topic given and how it affects their ideas and
possible practice in the future.

With the topic given, the students can give their insights that will
enhances their skills relating in their future career.

Instructions:

Write a reflection paper on “How the study of legal forms


enhances substantial skills related to my future career”.

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Jose Rizal Memorial state University
Form No. F17: Summative Assessment Instructions to Learners

Title of Assessment: Reflection paper


Course Code: CDI4 Course Title: Technical English 2 – Legal forms
Assessment No. CDI 101-03/04 Due: November 6, 2020
Date of Release of Results: November 20, 2020

Introduction and Rationale:

The essay activity is a form of written output made in a paragraph or two


wherein the students are made to share their thoughts.

This activity will allow the students to express their understanding on the
significance of legal forms.

Instructions:

Most legal forms related to law enforcement are made under oath.
In at least 100 words, explain the significance of these forms as
medium for arriving at the truth concerning a criminal case from the
facts and circumstances contained therein.

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PREFACE

This “Legal Forms” module is an educational tool for criminology students


specifically designed to bring about comprehensive practical learning on documents and
forms oftentimes associated with law enforcement and court proceedings.

Moreover, this module consists of actual samples or templates of legal forms


commonly involved in legal processes and judicial orders so learning can be made
specific and concrete. Also, a number of activities and strategies are incorporated
therein for a diverse learning experience. Hence, the skills and the practical learning
acquired from this module is of great value for students who may later on pursue a
career related to law enforcement or criminal justice.

As we go about life and school in the new normal, we fervently hope that this
module will serve the purpose for which it is intended to be.

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ACKNOWLEDGMENT

We are expressing our deep gratitude to those who, in one way or another, help
make possible the completion of this course module.

To the people who give inspiration, moral support and wonderful insights, we
thank you from the bottom of our hearts. We could not have done it without all of your
contributions.

Above all, we praise God Almighty for His wisdom and strength given us to
accomplish things and overcome obstacles.

Authors

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Table of Contents

Page No.

Copyright iii

Course Introduction iv

Course Syllabus v

Learning Guide xi

Learning Agreement xvii

Preface xxii

Acknowledgement xxiii

Unit 1 – Basic Concepts in Legal Forms 1

Unit 2 – Legal Forms for Law Enforcement 9

References 56

Glossary 64

User’s Evaluation 67

Answer Key 69

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LEGAL FORMS IN ACTION 1

Unit 1. Basic Concepts in Legal Forms

Legal means conforming to or permitted by law or established


and Forms means a printed or typed document with blank spaces for
insertion of required or requested information (Merriam-webster.com) .

Legal Forms are prototypes of any documents or forms used


in a legal transaction or judicial proceedings, which contain important
matters conveyed in technical terminologies and presented in a
suitable and systematic order in accordance with the circumstances of
any case( Bajado-Nano & Pioquinto, 2014).

Learning Outcomes

At the end of this unit, you will be able to:

• Illustrate the nature and types of legal forms; and


• Narrate the importance of legal forms to law enforcement and protection of rights

Pre test

True or False
Directions: Read and analyze well. Write true if the statement is accurate and
mark X if the statement is an error. Write your answer on the space provided for.

_____ 1. Legal forms include all written documents executed in courts of law.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 2

_____ 2. Deed of Sale of personal property is considered a legal form only when sworn
to.
_____ 3. There is no person being sued in a special proceeding.
_____ 4. An affidavit has to be notarized in order for it to posses legal force and effect.
_____ 5. Judicial forms do not necessarily pertain to forms executed by virtue of criminal
offenses.

Thank you for answering the test.


Please see page 69 or you may open our face book page
_______ or in our goggle class with this code ________for the key
answer.

The next section is the content of the unit. It contains the


importance, definition and scope of legal forms. Please read the
content.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 3

Content

Definition, Importance and Scope

What are Legal Forms?

Legal form is a prototype of an instrument to be employed in a legal transaction


or a judicial proceeding that includes the primary essential matters, the appropriate
technical phrases or terms, and any additional material required to render it officially
accurate, arranged in suitable and systematic order, and conducive to adaptation to the
circumstances of the particular case ( https://legal-dictionary.thefreedictionary.com).

These could be in the forms of Acknowledgement and Jurat, Affidavits, Sales of


Realty, Sales of Personal Property, Mortgages, Powers of Attorney, Special Contracts
and Agreement, Gratuitous Contracts and Dispositions, Partnerships and Corporation,
and Complaints in Criminal Cases. Official notices may also be considered as legal
forms such as Summons, Appearance Notice, Subpoena, Warrant of Arrest, and Search
Warrant ( Bajado – Nano & Pioquinto, 2014 ).

Importance of Legal Forms

The memory of people is short. Parties to a verbal agreement often disagree as


to what they have agreed several months or years after they have entered into a verbal
agreement. To avoid such situation and in order to have a clear guide and evidence of
the terms they have agreed, lawyers, or even the parties themselves, request a written
agreement for their contract or legal transaction. Moreover, form is important when the
law requires a document or other special form. And when the law requires that a contract
be in some form in order that it may be valid or enforceable, or that a contract be proved
in a certain way, that requirement is absolute and indispensable. In the same way,
judicial proceedings make use of forms as documentary requirements and evidence for
these proceedings, containing therein legally binding information.

Classification of Legal Forms


Fig.1

LEGAL FORMS

Business Forms Judicial Forms

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 4

Legal Forms covers the study of Business Forms and Judicial Forms.

Business Forms are used in conveyancing,or of the forms of deeds, instruments


or documents creating, transferring, modifying or limiting rights to real as well as
personal properties, and other forms related to business contracts or transactions
( Suarez, Rolando A, 2007).

A Business Contract is an agreement in which each party agrees to an


exchange, typically involving money, goods, or services. Sales agreement and service
agreements are common examples of business contracts ( https://legaltemplates.net).

On the other hand, a business transaction is an event involving an interchange


of goods, money or services between two or more parties. Some examples of business
transactions are buying insurance from insurer and selling goods to customer for cash
(https://smallbusiness.chron.com).

Judicial Forms refer to forms which pertain to different kinds of pleadings,


applications, petitions, affidavits, motions, and the like
(Suarez, Rolando A., 2007).

Furthermore, Judicial forms include forms in Ordinary Civil Actions, Special


Civil Actions, Special Proceedings and Criminal Actions ( Suarez, Rolando A.,
2007).

These are given below with some examples:

I. Ordinary Civil Action is one by which a party sues another for the enforcement or
protection of a right or the prevention or redress of a wrong
(https://attyalvinclaridades.wordpress.com).
1.1. Complaint
1.2. Answer
1.3. Motion
1.4. Cross-claim
1.5. Third-party complaint

2. Special Civil Action is an action whereby one party sues another to enforce or protect
a right or protect a right or to prevent the commission of a wrong by following
special rules of procedure ( Suarez, Rolando A, 2007).
2.1. Interpleader
2.2 Declaratory Relief
2.3 Mandamus
2.4. Prohibition
2.5. Quo Warranto

3. Special Proceeding is a remedy by which a party seeks to establish a status, a right,


or a particular fact (1997 Rules of Civil Procedures).
3.1. Petition for Escheat
3.2. Petition for Habeas Corpus

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 5

3.3. Petition for Appointment


3.4. Petition for Letters of Administration
3.5. Petition for Guardianship

4. Criminal Action is the procedure by which a person accused of committing a crime is


charged, brought to trial, and judged
(https://legagaldictionary.thefreedictionary.com)

4.1. Information for Homicide


4.2. Information for Murder
4.3. Information for Robbery
4.4. Complaint Affidavit for Violation of B.P. Blg.22
4. 5. Information for Less Serious Physical Injuries

Thank you for reading.

Now that you have learned about the importance,


definition and scope of legal forms, please do the
succeeding learning activities.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 6

Learning Activities

Activity1. Create a comic strip narrating the importance of legal forms to the law
enforcement. Use long bond paper for your output. Submit your work in the
pigeon boxes which are provided in your department/college, or in the
designated area in your locality or upload your output in our face book
page or in our goggle class with this code _______ on or before the date
reflected in on your study schedule. See Rubric on page 59. You may
access the class work through this link: _________________

Activity 2. Use Venn diagram to compare and contrast Judicial and Business forms.
Make a blog about these similarities and differences. Use short bond paper
for your output. Submit your work in the pigeon boxes which are
provided in your department/college, or in the designated area in your
locality or upload your output in our face book page ____ or in our goggle
class with this code _________ on or before the date reflected in on your
study schedule. See Rubric on page 58. You may access the
class work through this link: _________________

Differences
Differences
Similarities

Gamsahabnida! You did a great job! You may take now the assessment.
If you have not completed the task or you have found difficulty in accomplishing
the learning activities, and want to ask clarifications about it, please send me a message
to our face book page ______, or in our goggle class with this code _____ or through a
Not
textIntended
message fororPublication.
phone callsFor
onclassroom instruction
the contact numberpurposes
includedonly.
in your course.
LEGAL FORMS IN ACTION 7

Assessment

A. Fill in the blanks.

Read the following statements. Fill in the blanks with words which best
complete/s the sentence. See page ____ or you may open our face book page or in our
goggle class with this code ____ for the key answer.
1. _____ is the collective term for documents executed in both civil and criminal actions.
2. _____ is a remedy by which a party seeks to establish a status, a right, or a particular
fact.
3. Business forms pertains to deeds and document that present details and
specifications related to a business ______.
4. Criminal action is the procedure by which a person accused of committing a/an ____
is charged, brought to trial, and judged.
5. An information refers to an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the ______.

B. Writing Reflection Paper

Write a reflection paper on “How the study of legal forms enhances substantial
skills related to my future career”. Use short bond paper for your output. Submit your
work in the pigeon boxes which are provided in your department/college, or in
the designated area in your locality or upload your output in our face book page or
in our goggle class with this code _______ on or before the date reflected in on your
study schedule. See Rubric on page 60. You may access the class work through this
link: _________________

CONGRATULATIONS! You did a great job!


If you have not completed the task, or you have difficulty in
accomplishing the activity, please send me a message to our face book page
________, or in our goggle class with this code __________ or you may ask
clarifications through a text message or phone calls on the contact number
included in your course guide. You may write your insights or thoughts about
the activity on the space provided.

You have just completed this unit. You are now ready to take unit 2.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 8

Write your thoughts

Add/insert
an emoji
here

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 9

Unit 2. Legal Forms for Law Enforcement

Legal forms and official notices are important records used in law
enforcement.

Learning Outcomes

At the end of this unit, you will be able to:

• formulate forms and notices based on the clientele needs; and


• create a portfolio on the different types of legal forms and notices related to law
enforcement

Pre test

Directions: A.) Read carefully the following questions. Encircle the letter of the correct
answer.

1. _____ is an informal and summary investigation conducted by a public prosecutor in


criminal case involving persons arrested and detained without the benefit of a
warrant of arrest.
A. sworn statement B. affidavit C. inquest D. complaint
2 . _____ is a document containing facts related to a legal proceeding made under
oath.
A. sworn statement B. affidavit C. inquest D. complaint
3. These are types of verified, formal sworn statement of fact signed by an affiant or
author, and witnessed by a notary public
A. sworn statement B. affidavit C. inquest D. complaints

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 10

4. A ___ is a court document that accuses or charges a suspect with committing a


specific crime subscribed by the offended party, any peace officer or
other public officer charged with the enforcement of the law violated.
A. affidavit B. sworn statement C. criminal complaint D. affidavit of desistance
5. An affidavit of _____ is a legal and binding document of written testimony of a witness
as a way for evidence to be presented to the court.
A. arrest B. desistance C. complaint D. witness

B.) Fill in the blanks with the correct answer.

6. _________________is the taking of the person into custody so that this person may
be bound to answer for commission of an offense.

7. A subpoena directed to a person requiring him/her to attend and testify at the hearing
or trial of a case is called ________________.
8. ____________ is a written order directed to a peace officer to search for personal
property described therein and bring it before the court.
9. A person may be ____________ for failure to turn up in court after being served with
summons or appearance notice.
10. Subpoena ____________ is a written order for a person to appear in court bringing
with him/her personal property described in that order.

Thank you for answering the test.


Please see page 69 or you may open our face book page
_______ or in our goggle class with this code ________for the key
answer.
The next section is the content of the unit. It contains the legal
forms used in law enforcement. Please read the content.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 11

Content

Legal Forms Used in Law Enforcement

Bajado – Nano & Pioquinto (2014) enumerated the ff legal forms used in law
enforcement. These are
1. Sworn Statements
2. Affidavits
3. Complaints in Criminal Cases
4. Inquest Forms
5. Information (https://ndvlaw.com)
6. Deposition of Witness (https://lawphil.net)
7. Motion for Reconsideration (https://itlaw.wikia.org)

Sworn Statements / Sworn Declaration. (1)This is a document that


contains facts related to legal proceeding. The person who makes the declaration affixes
his/her signature in a separate endorsement paragraph at the end of the document with
a statement that the declaration is made under oath.

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

Sample Format of Sworn Statement

REPUBLIC OF THE PHILIPPINES )


NATIONAL CAPITAL REGION )
CITY OF LAS PIÑAS ) S.S.

I, ________, of legal age, Filipino, a resident of Las Piñas City, after being duly sworn in
accordance with law, hereby depose and state that:

1. I am a full-time employee of Southville International School and Colleges situated at


1281 Tropical Ave. Cor. Luxembourg St., BF Homes International, Las Piñas City,
working as a security guard in the said educational institution, under the supervision of
the head of the Security Division, Fr. Padua J. Montellano;

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 12

2. On the 10th of September 2006 at around two o’clock in the afternoon, I was assigned to
patrol the school’s parking lot;

3. I saw and recognized Scarlet Batumbakal in her school uniform together with Melanie
Batumbakal as they approached the parking lot area. At that time, I was about three (3)
meters away from the car where Melanie and Scarlet boarded;

4. Right then and there, I saw Melanie forcefully made Scarlet board the 2012 Hyundai
Accent black car, with plate number MEL 203, and overheard Scarlet violently refusing
the order of Melanie;

5. I did not intervene because Melanie Batumbakal is personally known to me, since there
were several instances when she was the one who personally fetched her child from
school, and Melanie used to visit her husband Frank Batumbakal in the school’s Faculty
Office;

AFFIANT SAYETH NAUGHT.


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 27th day of March 2014, affiant exhibiting to
me his Driver’s License No. N-04-0020000 bearing his photograph and signature, issued on 18
March 2011 at the City of Las Piñas and valid until 18 March 2015.

Notary Public for Las Piñas

Book No. I
Doc. No. 33
Page No. 4
Series of 2014

Source: https://www.scribd.com/doc/271815068/Sworn-Statement-Sample

Sample Format of Sworn Statement in Question-and-Answer Format

SWORN STATEMENT OF PEDRO PENDUKO THAT


WAS FREELY AND VOLUNTARILY GIVEN TO SPO1, MILVIN SEGUERRA , MEMBER OF THE
PHILIPPHINE NATIONAL POLICE, ORMOC CITY STATION 3 , INVESTIGATORS OFFICE
LOCATED AT BRGY, LILO-AN ORMOC CTY , THIS 31ST DAY OF DECEMBER, 2019 AT
ABOUT 11:30 IN THE MORNING IN THE PRESENCE OF ATTY, JASPER BARTE HIS
CHOSEN
COUNSEL OR COUNSEL GIVEN BY THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES, TO ASSIST HIM IN THE GIVING OF STATEMENTS

Mr. / PEDRO PENDUKO


hereby volunteer yourself to give sworn statement about your
personal knowledge about shooting incident that transpired on Dec, 30 2019 at 10:30 pm..
Before you will give
your sworn statements, I would like to inform you of your rights
enshrined under the 1987 Philippine Constitution, as follows:

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 13

1. That you have the right to remain silent and any information that
you will give can be used as evidence against you in any court of
the Philippines;
2. That you have a right to have a counsel preferable of your own
choice, if you cannot afford the services of the counsel, the
Government of the Philippines will give you one to assist you;
3. That you have the right to know why you are here in our Office; and
4. That you have the right to be informed of all your Constitutional rights enumerated above.

QUESTION : After you were informed of all your Constitutional rights,


are you willing and voluntarily sign your signature to
attest that you were informed and fully understand your
rights under the 1987 Philippine Constitution?

ANSWER: YES SIR,

QUESTION AND ANSWER:

01. QUESTION - Mr.PEDRO PENDUKO will you tell the whole truth and only the truth in this
investigation?

ANSWER - YES,SIR

02. QUESTION - Are you willing to give your free and willing statement?

ANSWER - YES

03. QUESTION - Can you in this investigation tell your real name and your other identities?

ANSWER - I AM PEDRO M, PENDUKO ,, A.K.A PETER

04. QUESTION - What is the reason that you are here in our office and gave your free and
voluntary statement?

ANSWER - I am willing to help in order to stop the killing of innocent people

05. QUESTION- Where and when such an incident occurred?

ANSWER- in Brgy, San Antonio Ormoc City, at around 10:30 pm

06. QUESTION - Who were involved in the shooting?

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 14

ANSWER - Mr. MARIO

07. QUESTION - How did the shooting happened?

ANSWER - I think there is an old grudge between them, sir .

08. QUESTION - Do you know the victim?

ASWER - yes sir , he is my friendly neighbor

09. QUESTION - For the benefit of this investigation can you tell what actually happened in the
shooting?

ANSWER - When I was about to buy some softdrinks in the place near the incident , I
saw MARIO holding a gun and I was scared but I was able to hide and later
on while ANTONIO (the victim) was walking, he fired 3 times and ran away.

10. QUESTION - As you know some of the shooters were armed with guns and what were the
calibres used?

ANSWER - I saw MARIO holding his 45 caliber

Page 2 of the free and voluntary statement of PEDRO PENDUKO, this time 31 of DECEMBER , 2019.

11. QUESTION - Besides, do you know other people who had seen such shooting incident?

ANSWER- no sir, I think I was the only one who saw the incident

12. QUESTION - What did you do after you witnessed the incident?

ANSWER - I pretended that I had not seen the incident bec. I was scared but I was
bothered by my conscience

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 15

13. QUESTION - If you see him again can you recognize him?

ANSWER - yes sir

14. QUESTION - For the meantime, I don’t have further questions, do you have any
statements to add or take away on this affidavit?

ANSWER- Don't have sir for the meantime.

15. QUESTION - Were you threatened, promised or bribed to do this confession?

ANSWER - No sir. I made it voluntarily with my own free will.

16. QUESTION- Are you willing to sign this affidavit consisting of three (3) pages, to certify
that all the statements you made are true.

ANSWER - Yes, sir

END OF THE STATEMENT: December 31, 2019 1:00pm

PEDRO PENDUKO

WITNESS

SUBSCRIBED AND SWORN TO before me this December, 31 2019 at police station 3,

Brgy Liloan Ormoc City

SPO1, MILVIN SUEGUERRA


Administering Officer

CERTIFICATION

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

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 16

SPO1, MILVIN SUEGUERRA


Administering Officer

Source:https://www.scribd.com/document/434360354/Sample-Format-of-Sworn-Statement-
Question-and-Answer-1

Just checking. . .try to answer this!

Peer / self Assessment Activity

How important is sworn statement in solving


crime? Rate your answer from 1 – 3. Defend your
answer.

Please send your answer on our face book


page _______ or in our goggle class with this
code________ .
. Thank you for answering.

Note: Scale 1-not important, Scale 2-important, Scale


3-very important

Affidavits. (2)These are types of verified, formal sworn statements of fact signed
by an affiant or author, and witnessed by a notary public. These could be used as
evidence in court proceedings.

An affidavit is composed of the following parts.


Commencement refers to the affiant
Individual Averments refers to separate claims that are numbered as mandated by law
Statement of Truth refers to the statement verifying that what is stated is true under
oath
Attestation refers to a clause certifying the oath and the date made by the affiant
Signature refers to the signature of the affiant and the notary public

Examples of Affidavits are the following:


Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 17

Affidavit of Complaint. Section 3 of Rule 110 defines complaint as a sworn


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

This complaint may be filed in the prosecutor’s office. Filing of the complaint is
necessary to conduct preliminary investigation. The persons who may file a criminal
complaint are the offended party refers to the person against whom or against whose
property the crime was committed, any peace officers refer to any members of the
Philippine National Police, and other public officer charged with the enforcement of the
law violated refers to person in the government services ( ex. Authorized BIR agents,
Customs Agent, etc.)

The following are parts of an Affidavit of Complaint:


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

Sample of Complaint Affidavit

Donna MaeAnne S. Gragasin July 23, 2012

2012-51308-1 Legal Forms: ComplaintAffidavit (#3)

REPUBLIC OF THE PHILIPPINES


DEPARTMENT OF JUSTICE
OFFICE OF THE PROSECUTOR
MANILA

THE PEOPLE OF THE PHILIPPINES,


Complainant,

-versus- IS # 134590
xxx

Accused, CARLITO A. DIAZ and WILFRED O. REVILLA

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

CRIMINAL COMPLAINT AFFIDAVIT


Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 18

I, Rose Anne D. Bala, the undersigned, of legal age, and a resident of #21 Galicia Street,
Sampaloc Manila, accuses Carlito A. Diaz and Wilfred O. Revilla of the crime of Robbery,
committed as follows:

1. At around 11:30PM of Saturday, July 21, 2012, I, Rose Anne D. Bala was passing by
P.Noval Street, Sampaloc Manila to my apartment at #21 Galicia Street, Sampaloc
Manila.

2. While I was passing by the said street I was holding a shoulder bag on my right arm and
a book on the left arm, walking in a moderate pace towards Espana Boulevard.

3. That at P.Noval Street, before I cross Espana Boulevard, two men riding a motorcycle
stopped in front of me. The man riding at the back, holding a “balisong” which was
pointed at me said, “akin na ang bag mo kung ayaw mong may mangyaring masama
sa’yo”.
ß
4. Because of terrible fear that the man would stab me if I did not give my bag to him, I
handed him my bag containing the following:

a. A brown Guess wallet with Identification cards, ATM card and a credit card inside
together with a cash worth two thousand pesos (P2,000.00).
b. A black Blackberry Curve
c. A Samsung galaxy tab SIII
d. School materials such as a blue notebook and a pen case.

5. That after the man took my shoulder bag, I screamed loudly the words “magnanakaw!
Magnanakaw! Habulin ninyo!”

6. That maybe because of twist of luck, a police car passed by right after the said incident
which immediately chased the two men in motorcycle. They crossed Espana Boulevard
and I already lost sight of them after several seconds.

7. That the two men, as I remembered, were both wearing jackets; the man in front, driving
was wearing a blue jacket and maong pants while the man at the back was wearing a
black jacket with maong pants. The man in front was wearing a helmet while the man at
the back was wearing a black cap.

8. The motorcycle was a red Yamaha motorcycle and instead of a plate number, a plate
with the words “for registration” was visible from the back.

9. Both men are of normal built, appeared to be “kayumanggi” or brown-skinned and of


average height.

10. That after a few minutes of standing at that street, a police mobile suddenly appeared
saying that the other policemen in the car which chased the two men in the motorcycle
reported the incident to them so they went to P.Noval area and found me standing in front
of a closed establishment, almost near Espana Boulevard.

11. That I was shaking and crying when the policemen came to get me. They brought me to
the a nearby police station where I narrated the incident.
Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 19

12. After about 40 minutes in the police station, there were two policemen, later on identified
as PO2 Donna Mae Anne S. Gragasin and PO2 Mark Arthur Catabona, who were
accompanying two men who appeared to be the men who grabbed my hand bag.

13. Later on, I positively identified the two men as those who were in the motorcycle because
of the black cap, the blue and black jackets that they wear respectively.

14. That the shoulder bag that was snatched from me with force and intimidation was with
PO2 Catabona already who alleged that he got the same during the apprehension that
they did. All the things inside my bag were recovered in good condition.

15. That all these stated herein are true and were stated freely without any force or
intimidation done against me.

16. To attest to the truthfulness of the foregoing, I, Rose Anne D. Bala, complainant, attaches
my signature below.

_________________________
Rose Anne D. Bala
Complainant

SUBSCRIBED AND SWORN to before me, in the city of Manila, this 22nd day of July,
2012, the affiant exhibiting to me his Passport issued by Department of Foreign Affairs Manila on
15th of April 2012 at Roxas Blvd, Manila.

___________________________
Jonalene A. Pagala
Assistant City Prosecutor

Source: https://www.scribd.com/doc/110145591/Complaint-Affidavit-Sample

Affidavit of Desistance. This refers to the complainant, who executes an


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

This is the only ground for dismissing the case if only the prosecution can no
longer prove the guilt of the accused beyond reasonable doubt without the testimony of
the offended party.

Sample of Affidavit of Desistance

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA ) S.S.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 20

I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila,
after having duly sworn to in accordance with law hereby depose and state:

1. 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.

2. 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.

3. 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.

4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for
Serious Physical Injuries in Criminal Case No. 12345 entitled "People of the Philippines versus
Jesus Santos", Metropolitan Trial Court, Branch No. 11, City of Manila.

5. 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.

Romeo Abad
Public Prosecutor

Source:http://legal-forms.philsite.net/affidavit-of-desistance.htm

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

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 21

Sample of Affidavit of Arrest

Republic of the Philippines )


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

AFFIDAVIT OF ARREST

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

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

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

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

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

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

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


truthfulness of the foregoing.

SP01 Antonio Rodriguez P02 Manuel Santos


1st Affiant 2nd Affiant

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


Makati City, Philippines.

RODRIGO DELA CRUZ


Police Inspector
Oath Administering Officer

Source: scribd.com/document/249617263/Affidavit-of-Arrest
Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 22

Affidavit of Witness. It is a legal and binding document of written testimony of a


witness as a way of evidence to be presented to the court. It is usually filled out by a
lawyer, and then filed as part of the case. The affidavit has to be in paragraph form, and
each paragraph covers one specific topic. The full name of the person making the
statement has to be included, as does the name of one who affirms the statement. This
kind of affidavit can also be used to record the testimony of an expert witness in certain
cases. This affidavit has to be truthful and just give facts, not personal feelings or
opinions.

Sample of Affidavit of Witness


Republic of the Philippines )

____________, ________ ) s.s.

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

AFFIDAVIT OF WITNESS

I, ________________________, age, civil status, resident of


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

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

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

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

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

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

AFFIANTS SAYETH NAUGHT.

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


at ____________, _______________.

_______________________________

Affiant

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 23

SUBSCRIBED AND SWORN to before me this ___ day of _______ at


_______________. I HEREBY CERTIFY that I have personally examined the herein affiants and
I am satisfied that they voluntarily executed and understood their given affidavit.

_____________________

Notary Public

Republic of the Philippines }


Province of Bukidnon }S.S.
City of Valencia }
X---------------------------------X

AFFIDAVIT OF WITNESS

I, JERAMEL LIANGCO Y LUMAHANG, 25 years old, single, student and a resident of


Purok- 11 Poblacion, Valencia City, Bukidnon. After having been duly sworn to in accordance
with law do hereby deposed and say;

That on or about 2230H of 06 September 2010 while we stayed in “Balotan” at Plaza


Rizal along the Sayre Highway when Mr. Geronda slapped to the head portion of Mr. Casumpang
without any reason and words but unfortunately he saw the strike of Mr. Geronda and then
protect himself through his defense tactic and a few second Mr. Geronda run away to the said
place. Then after the incident, Mr. Casumpang directly went to the Church. As I observed of Mr.
Geronda, he was drunk since he came from Bar Haus at the front of Plaza Rizal.

IN WITNESS WHEREOF I hereby set our hand this 25th day of September 2010 at
Valencia City, Philippines.

JERAMEL LIANGCO Y LUMAHANG


Affiant

SUBSCRIBED AND SWORN to before me this 25th day of September 2010, at Valencia
City, Philippines. I HEREBY CERTIFY that I have personally examined the above- named affiant
and that I am convinced that the affiant personally and voluntarily executed this instrument and
fully understood the same as well as the legal consequences thereto.

________________________
Notary Public
Source: https://www.scribd.com/doc/65394098/Sample-of-Affidavit-of-Witness

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 24

Just checking. . .try to answer this!

Peer / Self Assessment Activity

Explain briefly.
• What is an affidavit?
• Does an affidavit play an important role in solving a
crime? In what way? Explain your answer.

Please send your answer in our face book


page ______ or in our goggle class with this
code__________.
Thank you for answering.

Inquest Forms.(3)The Department of Justice issued Department Circular No. 61


on the New Rules of Inquest. Below are some citations on the Rules related to Inquest.

Inquest is an informal and summary investigation conducted by a public


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

The City or Provincial Prosecutor shall designate the prosecutors assigned to


inquest duties and shall furnish the Philippine National Police (PNP) a list of their names
and their schedule of assignment. If, however, there is only one prosecutor in the area,
all inquest cases shall be referred to him for appropriate action.

Unless otherwise directed by the City or Provincial Prosecutor, those assigned to


inquest duties shall discharge their functions during the hours of their designated
assignments, and only be done at the police stations/headquarters of the PNP in order
to expedite and facilitate the disposition of inquest cases.

The inquest proceedings shall be considered commenced upon receipt by the


Inquest Officer from the law enforcement authorities of the complaint/referral documents
which should include: the affidavit of arrest, the investigation report, the statement of the

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 25

complainant and witnesses, and other supportive evidence gathered by the police in the
course of the latter’s investigation of the criminal incident involving the arrested or
detained person.

The Inquest Officer shall, as far as practicable, cause the affidavit of arrest and
statements/affidavits of the complainant and the witnesses to be subscribed and sworn
to before him by the arresting officer and the affiants. The Inquest proceedings must be
terminated within the period prescribed under the provisions of Article 125 of the
Revised Penal Code, as amended.

Sample Letter to the Inquest Prosecutor

Republic of the Philippines


PHILIPPINE NATIONAL POLICE
Headquarters
(Group/District/or Unit)
Camp Crame, Quezon City

Date: _____________

The Honorable City Prosecutor


Manila

(Attn: Inquest Prosecutor)

Sir:

I have the honor to send you herewith a case of HOMICIDE (DOA) for inquest only,
wherein the victim was one MARIANO CORPUZ Y SOLON, 27 years old, single, jobless, and
lastly resided at No. 234 Miguelin St., Sampaloc, Manila. The accused is

ROMAN CRUZ Y PLAZA, 25 years old, single, vendor, native of Cebu City and residing
at No. 208 Algeciras St., Sampaloc, Manila.

(UNDER ARREST )
ENCLOSURES:
1. Crime report dated Nov. 20, 1993;
2. Booking sheet and arrest report of accused;
3. Sworn statement of Ray Cruz, father of deceased;
4. Sworn statement of witness, Luis Villa;
5. Death certificate of deceased and
6. Necropsy report from the Medico-Legal Office

WITNESSES:
1. Ray Cruz No.238 Miguelin St. Sampaloc, Manila
2. Daryl Ortega No. 349 Algeciras St., Sampaloc, Manila
3. Luis Villa No. 372 Algeciras St., Sampaloc, Manila
4. Dr.Mercy Rado c/o Medico-Legal Office, Manila

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 26

5. Dr. Ruel Belmonte c/o JRRMH, Manila


6. SPO2 James Ortiz SIG,CISC,PNP, Camp Crame, Quezon City
FACTS OF THE CASE:

Investigation disclosed that the victim and the suspect were long-time friends. On Nov.
20, 1992. At around 7:30pm, two men together with several others had a drinking spree inside the
house of the victim. After consuming several bottles of beer, a heated altercation ensued
between one of the victim’s guests and the suspect which eventually led to a fistfight. The victim
intervened but was stabbed by the suspect. The victim was conveyed to the JRRMH in Manila,
but was pronounced DOA by the attending SOD. The suspect, who was apprehended by the
responding officers, was turned over to this office for investigation.

On th account of the foregoing, the suspect was placed under arrest and the charge of
HOMICIDE against him will be brought to the attention of an inquest fiscal for proper disposition
and recommendation.

This case will be brought to you bySPO2 James T. Ortiz of this command.

Very Respectfully,

MICHAEL D. Dasigao
Chief Inspector, PNP Investigation Chief

RECOMMENDATION:

_____________________________
( Inquest Prosecutor )

Source: Bajado – Nano & Pioquinto (2014)

Just checking. . .try to answer this!

Peer / Self Assessment Activity

Please do the “I Learned” Statement.


Write 3 statements that you have learned in this
type of legal form.
Start your statement with, I learned . . .

Send your answer on our face book page


______or in our goggle class with this
code_________
Thank you for answering.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 27

Complaints in Criminal Cases. (4)A complaint is a sworn written statement


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

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

Sample of Complaints in Criminal case

REPUBLIC OF THE PHILIPPINES


METROPOLITAN TRIAL COURT
NINTH JUDICIAL REGION
DIPOLOG CITY
BRANCH 6

Bernard Prado,
Complainant,

-versus- Criminal Case No. 25831


For: Adultery

Clarissa Prado and Mario Larino,


Respondents.
x--------------------------------------x

COMPLAINT - AFFIDAVIT

I, BERNARD PRADO, of age, married, and a resident of Estaka, Dipolog City, after
having been duly sworn to according to law depose and say:

That I am legally married to Clarissa Mayor in a religious ceremony before Rev. Josefino
Masid at the Parish Church of Dipolog City on June 18, 2014, xerox copies of the aforesaid
marriage contracts are hereto attached as Annexes “A” and “B”, forming integral parts of this
affidavit;

After our marriage, I built a house for our permanent residence and as our conjugal home
in Estaka, Dipolog City and furnished it with all the comforts well within my means;

At the start of our marriage, I was led to believe by my wife of her total concern, love and
devotion to me valid in turn I lavished her with all the material comfort at my command. As a
token of my love and unfailing trust, we went sightseeing and on second honeymoon to
Singapore only last month.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 28

Sometimes during the last week of January 2015, while I went on my normal work
routine, my son Rocco took me inside in confidence and told me that he has some very delicate
matters to take up with which may be misinterpreted by me or may be taken by him in a wrong
light; however, he said that his valid dignity of the family is at mistake and I have to know it
whatever be the consequence. After I gave him the go signal, he narrated that my wife Clarissa
Mayor has been unfaithful to me having illicit relationship with another man. He informed me that
our maid Maria Santos had been aware of the relationship and the man usually went to my house
and even slept there whenever I was in Cebu. I got angry and so I suggested to think of a plan so
we can catch my wife red-handed.
We agreed to put our plan of action in operation on February 13, 2015 since I will be
leaving for Cebu in the morning on that day. I thought of removing a glass of the jealousy so the
inside of the bedroom can be seen from the outside. Having completed the plans, I told my wife
that I will be leaving for Cebu on that day. I instructed my son Rocco to inform me immediately of
the result of the plan.

Almost midnight of February 13, 2015, I was informed by my son that the operation was
successful and resulted in the arrest of my wife and Mario Larino inside our bedroom.
When I returned to Dipolog City from Cebu on February 14, 2015, I was shown the
photographs taken inside our master bedroom and I am attaching hereto the photographs which
are marked as Annexes “C”, ”D”, ”E”, ”F” and “G”.

That I am formally charging my wife, Clarissa Mayor and Mario Larino of the crime of
Adultery against them.

CONTRARY TO LAW.

City of Dipolog, Philippines, April 8, 2016.

Bernard Prado
Complainant

SUBSCRIBED and SWORN to before me, the undersigned prosecutor, this 8th day of
April, 2016 in the City of Manila, Philippines. I hereby certify that I have personally examined the
above-named affiant and that I am satisfied that the foregoing statements were given by him
voluntarily and of his own free will.

Atty. Michael B. Pangan


Assistant City Prosecutor

Source: https://www.scribd.com/document/323170714/Criminal-Complaint-Sample

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 29

Just checking. . .try to answer this!

Peer / Self Assessment Activity

Answer briefly the question inside each box.


What would
you like to
What did you learn in this
learn in this
type of
type of form? form?

Answers must be boxed also.

Send your answer in our face book page ______


or in our goggle class with this code________.
Thank you for answering.

Information.(5) This is an accusation in writing charging a person with an


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

After the filing of the Affidavit of Complaint, the process of preliminary


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

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 30

Sample of Information

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 147
Makati City

PEOPLE OF THE PHILIPPINES


Plaintiff,
Crim Case No. 123456
- versus - for
Homicide
AKU SADO,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x

INFORMATION

The undersigned Assistant City Prosecutor hereby accuses Aku Sado of the crime of
Homicide committed as follows:

That on or about August 12, 2013, Makati City within the jurisdiction of this court, the said
accused, armed with a bladed weapon, with intent to kill, did then and there willfully,unlawfully
and feloniously attack, assault and stab one VIC TIMA, thereby inflicting upon him a fatal wound
which directly caused his death.

Contrary to law.

Makati, Philippines, August 22, 2013.

ATTY. BEN TONG


Private Prosecutor

WITNESSES:

MARIA MAKILING JUAN TAMAD

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 31

CERTIFICATION

I hereby certify that a preliminary investigation was conducted in the above-entitled case,and
there is prima facie evidence that the crime of Homicide has been committed and that the
accused is probably guilty thereof.

ATTY. BEN TONG


Private Prosecutor

Source: https://www.philippinelegalforms.com/2014/01/sample-information-for-homicide.html

Just checking. . .try to answer this!

Peer / Self Assessment Activity

Pick and write down two vocabulary words that you


found that best describe this type of legal form. Then,
construct a sentence using those words relating to this
form.

Send your answer in our face book page ______


or in our goggle class with this code________.
Thank you for answering.

Deposition of Witness.(6) A deposition is a witness’s sworn out-of-court


testimony. It is used to gather information as part of the discovery process and, in limited
circumstances, may be used at trial (https://www.law.cornell.edu).

In criminal cases, depositions are normally taken to preserve testimony from a


witness. The procedures for taking depositions in criminal cases recognize the
prosecution’s right to preserve testimonial evidence and prove its case despite the
unavailability of its witness (https://lawphil.net)

Sample of Deposition of Witness

Republic of the Philippines


REGIONAL TRIAL COURT
_______________________
Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 32

Branch ___________, Quezon City

PEOPLE OF THE PHILIPPINES


Plaintiff SEARCH WARRANT NO.__________

-versus- FOR

_________________________ ___________________________
Respondent
X ----------------------------------x

DEPOSITION OF WITNESSES

We, _________________________ after having been duly sworn to testifies, as follow:

Q- What is your name and other personal circumstance?


A- We are _____________ and _____________ both of legal ages, and ( civil
status ) and presently assigned with the __________.

Q- Do you know ______________ the application for Search Warrant?


A-

Q- Do you know the premises of _______________


A-

Q- Do you have personal knowledge that in said premises the following properties
are being kept being used for intended to be used without proper documents, to
wit __________
A-

Q- Do you know who is or who is the person or persons who have or have control of
him above-described properties?
A-

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

SUBSCRIBED AND SWORN to before me this ____________ day of _____________ 1999 at


________________.

_______________________
Judge
Source: Bajado – Nano & Pioquinto (2014)

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 33

Just checking. . .try to answer this!

Peer / Self Assessment Activity

From what you read and what you


understood in this type of legal form, write two
sentences that best describe it.

Send your answer in our face book page


______ or in our goggle class with this
code________.
Thank you for answering.

Motion for Reconsideration.(7) A motion for reconsideration ( or motion to


reconsider ) is a legal filing where a party to a lawsuit requests the court to review a prior
decision and consider issuing a new or different decision in light of that review
(https:itlaw.wikia.org).

Sample of Motion for Reconsideration

Republic of the Philippines


_______________________________________

________________________

_______________________________ Criminal Case No. ________


Complainant,
For
-versus-
___________________________ ________________________
Accused,
X -----------------------------------------x

MOTION FOR RECONSIDERATION

COMES NOW the complainant by the undersigned attorney and within the reglementary
period prescribed by the Rules of court hereby files this motion for reconsideration from the
judgement of rendered by __________________ of and if produce will p_____________ by
virtue of newly found evidence which was not obtained during the trial of this case and if produce
will substantially affect the decision of the Honorable Court, to wit:
Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 34

a. Newly found evidence

b. New vital witness

PRAYER

WHEREFORE, it is most respectfully prayed that the instant petition be considered by the
Honorable Court and further grant the complaint other relief be granted as shall be deemed just
and equitable in the premises

__________________, ____________________________, ________________

____________________________
( Attorney for the Complainant)

____________________________
( Address )

Copy hereof received ________ this


_____________ day of ________, ___________

______________________________
( Counsel for the Accused )

_________________________________
( Prosecutor on Case )

EXPLANATION
( Proof of Service )

_____________________________
( Attorney for the Complainant)

______________________________
( Address )

Source: Bajado – Nano & Pioquinto (2014)

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 35

Just checking . . .try to answer this!

Peer / Self Assessment Activity

Write down two things that you learned and one


thing that you would like to learn in this type of legal
form.

Send your answer in our face book page


_______ or in goggle class with this code________.
Thank you for answering.

Thank you for reading the content.

Now you have learned about the legal forms used for law
enforcement. Please do the succeeding learning activities.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 36

Learning Activities

Activity 1. Formulating Legal Forms Samples

Directions: Assume the following roles enumerated below and do the task intended for
each. Follow the prescribed format on the following forms discussed in
this unit. Encode your final work in a long bond paper. Submit your work
in the pigeon boxes which are provided in your department/college, or in
the designated area in your locality or upload your output in our face book
page ____ or in our goggle class with this code _____on or before the
date reflected in on your study schedule. See Rubric on page 61.

A. a police officer assigned to take the sworn statement


( Narrative form and Question and Answer form) and
affidavit of arrest of a person involved in a case ( choose one: murder,
rape or robbery).

B. an offended party involved in a case ( choose one: assault / battery, arson


or kidnapping ), Do the affidavit of complaint and affidavit of
desistance.

C. a witness of a crime ( choose one: theft , vehicular accident or robbery ),


Do an affidavit of witness.

D. a prosecutor assigned on a _____ case ( choose one: homicide, rape or


robbery with homicide ). Do the information form and
inquest form.

E. a lawyer assigned on a ____ case ( choose one: homicide, rape or


robbery with homicide ), Do the complaints in criminal case and
deposition of witness.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 37

Activity 2. Legal Forms Portfolio

Directions: Make a compilation on the different examples of legal forms (including your
work on activity 1).Collect three examples for each form. Then, create a
professional quality of portfolio covering the legal forms discussed
in this unit. Submit your work in the pigeon boxes which
are provided in your department/college, or in the designated area in your
locality or upload your output in our face book page ______ or in our
goggle class with this code _______on or before the date reflected
in on your study schedule. See Rubric on page 62. You may
access the class work through this link: _________________

If you haven’t tried making a portfolio, you may view this video
through this link: ______________________________________

Geonbae! You did a great job! You may take now the assessment.

If you have not completed the task or you have found difficulty in
accomplishing the learning activities, and want to ask clarifications about it,
please send me a message to our face book page ______, or in our goggle
class with this code _____ or through a text message or phone calls on the
contact number included in your course guide.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 38

Assessment

A. Multiple Choice:

Choose the letter of the best answer.


1. The following persons may file a complaint for a criminal crime committed except
A. prosecutor B. offended party C. peace officer D. public officer
2. Prior to the conduct of a preliminary investigation, there must be the filing of the
affidavit of
A. witness B. complaint C. arrest D. desistance
3. Filing an information in court for a criminal offense committed is based on the finding
of a probable cause or sufficient ground to believe that the respondent is guilty of
the offense charged. This role is undertaken by the
A. private prosecutor B. public prosecutor C. notary public D. peace officer
4. Warrantless arrest carried out for the purpose of determining whether or not the
involved persons should remain under custody and later on be charged in court.
A. complaint B. information C. deposition D. inquest
5. Testimonial evidence given by a witness which may be used even in the absence of
such witness during the trial of a criminal case.
A. complaint B. information C. deposition D. inquest

B. Writing Essay

Directions: Most legal forms related to law enforcement are made under oath. In at least
100 words, explain the significance of these forms as medium for arriving at
the truth concerning a criminal case from the facts and circumstances
contained therein .Use short bond paper. Submit your work in the pigeon
boxes which are provided in your department/college, or in the
designated area in your locality or upload your output in our face book page
______ or in our goggle class with this code _______on or before the date
reflected in on your study schedule. See Rubric on page 63. You may
access the class work through this link: _________________

CONGRATULATIONS! You did a great job!

If you have not completed the task, or you have difficulty


in accomplishing the activity, please send me a message to our
face book page ________, or in our goggle class with this code
__________ or you may ask clarifications through a text
message or phone calls on the contact number included in your
course guide. You may write your insights or thoughts about the
activity on the space provided.

Not Intended for Publication. For classroom instruction purposes only.

.
LEGAL FORMS IN ACTION 39

Official Notices

Official notices may be in the forms of the following: Summons, Appearance


Notice, Subpoena, Warrant of Arrest, and Search Warrant. Exemplified below are the
description and examples of each form ( Bajado-Nano & Pioquinto, 2014).

Summons/Appearance Notices. Appearance notice and summons are official


notices telling a person that he/she has to appear in court at a specific time and place to
answer to a criminal charge. Usually, a police officer gives the appearance notice, and a
summons may be received in the mail.

Specifically, an appearance notice is given to a person before he/she is charged


with an offense, while summons is given to a person who has already been charged with
an offense.

The appearance notice or summons tells a person of the date he/she has to
appear in court, the location of the court, and the types of offenses he/she is charged
with such as The Summary Conviction Offenses which are minor offenses like
causing a disturbance or shoplifting, and the Indictable Offenses which are more
serious, like murder, sexual assault, breaking and entering.

In cases where the second paragraph of the appearance notice or summons is


filled out, the addressee has to go to the police station to be fingerprinted and
photographed. If a person fails to go, a warrant of arrest may be issued for his/her arrest.
It is advisable to get a legal advice or speak to a lawyer right away if one receives an
appearance notice or summons.

Sample form of Summons from the Clerk of Court

REPUBLIC OF THE PHILIPPINES


MUNICIPAL TRIAL COURT
BRANCH 3
MANDAUE CITY

_________________________
Plaintiff CIVIL CASE NO. 6330

--versus-- FOR: COLLECTION OF


SUM OF MONEY
& ATTY’S FEE

__________________
Defendant(s)

x---------------------------------/

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 40

SUMMONS

TO:

You are hereby informed that the Rules on Summary Procedure shall apply in the above-
entitled case. Thus, you are hereby required to answer the complaint duly served upon you within
TEN (10) DAYS FROM SERVICE therof. Should you fail to answer the complaint within the
reglementary period stated herein, the Court will enter judgment against you by default and grant
the demand or relief applied for in said complaint.

Witness the Honorable _______________, Presiding Judge of this court, this ________
day of ______ 20______.

__________________________
Clerk of Court

SAMPLE form of Summons from PLEB

Republic of the Philippines


Province of ______
PEOPLE’S LAW ENFORCEMENT BOARD
______________________________
(City/Municipality)

_______________________ Admin. Case No. ______________


Complainant,
-versus-

_______________________ For: ____________________


Respondent (s) (Offense charged)

SUMMONS

TO: _______________________
_______________________

GREETINGS:

You are hereby notified that a formal administrative complaint against you, copy
attached, has been filed with this Office for the afore cited offense under the provision of Section
41 of Republic Act No. 6975 (“Department of the Interior and Local Government Act of 1990”) in
relation to NAPOLCOM Memorandum Circular No. ___________ dated ________ .1991.

Wherefore, you are hereby required to answer in writing the abovementioned charge(s)
within five (5) days from receipt hereof, and to file said Answer under oath in three (3) copies to

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 41

the Board. Attached herewith are such documentary evidences as you wish to present in your
defense.

Given this __________ day of ____________, 20____ at ________________,


Phillipines.

_______________________
Chairman
People’s Law Enforcement Board

The Chief of Police


____________________

Sir:

Please give due course to the herein summons and to return in this office the original of
the same with your proof of service indorsed at the back hereof.

Very truly yours,

___________________________
People’s Law Enforcement Board

Source: Bajado – Nano & Pioquinto (2014)

Just checking. . .try to answer this!

Peer / Self assessment Activity

Submit two sentences identifying the


importance of Summons / Appearance Notices.

Send your answer in our face book page


_______ or goggle class with this code________.
Thank you for answering.

Subpoena. This is an order from the court that requires an individual to be


somewhere in person at a certain place, date and time to testify as a witness in a case.
Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 42

Specifically, a subpoena is a conditional threat of punishment made by a governmental


authority if it is attached to a command, so that if the recipient does not do as
commanded then that person may be punished. If a person given a subpoena does not
appear, some courts have the discretion to find the person in contempt of court and
either order the person’s arrest or issue fines accordingly.

Types of Subpoena

1. Subpoena Ad Testificandum – it orders a person to testify before the ordering


authority or face punishment
2. Subpoena Duces Tecum – it orders a person to bring physical evidence before the
ordering authority or face punishment

Sample form of Subpoena from Clerk of Court

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
7th Judicial
Branch 56
Mandaue City

PEOPLE OF THE PHILIPPINES


Plaintiff CRIM CASE: 355829

-versus-

________________________ FOR: THEFT


Accused
x-----------------------------------------/

SUBPOENA

TO:

Greetings:

You are hereby commanded to appear before this Court on the 8 th of May 2011 at 8:00 in
the morning then and here to testify in the above entitled case (s).

Fail not, under the penalty of the law.

WITNESS the HON __________________, Judge of this Court, this 10th day of April
2011.

________________________

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 43

Branch Clerk of Court

Served by: _________________

Sample form of Subpoena from PLEB

Republic of the Philippines


Province of ______________
PEOPLE’S LAW ENFORCEMENT BOARD
_______________________________
(City/ Municipality)

__________________________ ADMIN CASE No. _________


________________________
Complainant,
-versus-

_________________________ FOR: ______________


_______________________
Respondent (offense charged)

SUBPOENA

To: ____________________________
____________________________

GREETINGS:

You are hereby required to appear and be present at the hearing of the abovementioned
case before the Board at _____________________a.m. / p.m. on the ____________ day of
_____________ 20_______, then, and there to testify in the above cited case pending therein.

FAIL NOT UNDER THE PENALTY OF THE LAW.

Given this ____ day of ______ 20______ at ___________________________________.

____________________
Chairman

PROOF OF SERVICE

I have this day served a copy of the foregoing subpoena upon Mr. _________________

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 44

personally (or by registered mail no. _____________)


Date this ______________-day of ____________, 20_____.

___________________
Serving Party

Source: Bajado – Nano & Pioquinto (2014)

Just checking. . .try to answer this!

Peer / Self Assessment Activity

Complete the statement.


• Right now I’m feeling _________.
• What I found interesting about this topic
were ________.

Send your answer in our face book


page _______ or in our goggle class with
this code________.
Thank you for answering.

Warrant of Arrest. Section 1-4, Rule 113 of Criminal Procedure states the
following about arrest:
Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense. An arrest is made by an actual restraint of a
person to be arrested, or by his/her submission to the custody of the person making an
arrest. No violence or unnecessary force shall be used in making an arrest. The person
arrested shall not be subject to a greater restraint than is necessary for his/her detention.
It shall be the duty of the officer executing the warrant to arrest the accused and deliver
him/her to the nearest police station or jail without unnecessary delay. The head of the
office to whom the warrant of arrest was delivered for execution shall cause the warrant
to be executed ten (10) days from its receipt. Within ten (10) days after the expiration of
the period, the officer to whom it was assigned for execution shall make a report to the
judge who issued the warrant. In case of his/her failure to execute the warrant, he/she
shall state the reasons thereof.

The following persons may make/effect/execute an arrest:

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 45

Police Officer (in both warrantless arrest and arrest with warrant), private
person (only warrantless arrest or citizen’s arrest), members of investigation staff of
the NBI (under RA 157, as amended), bailor (may arrest the accused for the purpose of
surrendering him in court (US vs. Addison, 27 Phil. 563; People vs. Caderao,& SCRA
639), sheriff or deputy sheriff (may arrest a witness who failed to attend and obey
subpoena despite proof of service thereof; (Sec.11, Rule 23), provincial or city
probation officer (may arrest probationer under his care; Sec. 24, PD 986, as
amended), Commissioner of Land Transportation and his deputies (are authorized
to make arrest for violation of Land Transportation and Traffic Code in so far as motor
vehicles are concerned; RA 4136, as amended).

Only judges may issue warrant of arrest. This exception is in case of deportation
of illegal and undesirable alien, whom the President or the Commissioner of Immigration
may order arrested following a final order of deportation for the purpose of deportation. A
judge may not issue a warrant of arrest without recommendation for bail where offense
is bailable.

The persons who cannot issue warrant of arrest are:


Clerk of court (Amargas vs. Abbas, 98 Phil. 739; Arcilla vs. Acevedo, 88 SCRA
53), Public prosecutor (fiscal) (Lino vs. Fugoso, 77 Phil. 933), Mayor (Ponsica vs.
Ignalaga, 152 SCRA 647).

The persons exempted from arrest are:


Senator or Congressman in all offenses punishable by not more than 6 years
imprisonment shall be privileged from arrest while Congress is in session. (Sec. 11, Art.
VI, 1987 Phil. Constitution), however, Heads of State, Foreign Sovereigns,
Ambassadors, Public Ministers are exempted from arrest, but Consuls do not enjoy the
same privilege.

Sample form of Warrant of Arrest

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
6TH JUDICIAL REGION
BRANCH 32
ILOILO CITY

CRIMINAL CASE NO. 14-1013-4

PEOPLE OF THE PHILIPPINES, WARRANT OF ARREST


Complainant,

-versus-

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 46

SERAFIN CLAVEL II and


MARC LOVEL C. BEDONA
Accused.

TO ANY OFFICER OF THE LAW:

You are hereby commanded to arrest SERAFIN N. CLAVEL II and MARC LOVEL C.
BEDONA who are to be found at Brgy. Tiring, Cabatuan, Iloilo or anywhere in the Philippines and
who have been accused before this Court with the crime of ROBBERY WITH RAPE and deliver
them for forthwith to the nearest Police Station or Jail.

You are enjoined to execute this warrant of arrest within ten (10) days from receipt
hereof. Within ten (10) days after the expiration of such period, you are directed to make report
thereon to this court and in case of your failure to execute the same, to state the reason
therefore.

There was NO BAIL RECOMMENDED for the provisional liberty of the accused in this
case.

Iloilo City, Philippines, this 24th day of June, 2014.

GLOBERT JUSTALERO
JUDGE

source: https://www.scribd.com/doc/269349277/8-Warrant-of-Arrest

Just checking. . .try to answer this!

Peer / Self Assessment Activity

What are two things you learned, and one


thing that you are curious about in this topic?
(Answer should be in a sentence form.)

Send your answer in our face book


page _______ or in our goggle class with
this code __________.
Thank you for answering.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 47

Search Warrant. Rule 216, Section 1 of Criminal Procedure defines search


warrant as an order in writing issued in the name of the People of the Philippines signed
by a judge and directed to a peace officer, commanding him to search for personal
property described therein and bring it before the court.

A search warrant is in the nature of a criminal process akin to writ of discovery.


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

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


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

The Supreme Court issued Circular No. 13 regarding the guidelines and
procedures in the issuance of search warrants. This is a measure to better serve the
public good and facilitate the administration of justice.
Below are some of the guidelines applicable to this:
All applications for search warrants, if filed with the Executive Judge, shall be
assigned by raffle, to a judge within his/her administrative area, under whose direction
the search warrant shall be issued for the search and seizure of personal property. After
the application has been raffled and distributed to a branch, the judge who is assigned to
conduct the examination of the complainant and witnesses should immediately act on
the same, considering that the time element and possible leakage of information are the
primary considerations in the issuance of search warrants and seizures.

The judge must, before issuing the warrant, personally examine in the form of
searching questions and answers, in writing and under oath, the complainant and any
witnesses he/she may produce and attach to the record their sworn statements together
with any affidavits submitted. If the judge is thereupon satisfied of the existence of the
facts upon which the application is based, or that there is probable cause to believe that
they exist, he/she must issue the warrant substantially in the form prescribed by the
Rules.

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

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 48

Sample form of Petition for the Issuance of Arrest /Search Warrant

Letterhead

People of the Philippines, Plaintiff


Versus
A.B., Accused

Criminal Case no. ________________


For(state nature the offense)

The undersigned (name of the applicant) after having been duly sworn, states:
1. That (name of the person to be searched), who may be found at (describe premises)
is in possession or has in his/her control (name of property subject of the offense; or
stolen or embezzled and or other proceeds or fruits of the offense, or used or intended to
be used as the means of committing an offense) which he/she is keeping and concealing
in premises above described. (Cancel description not applicable)

2. That a search should be issued to enable any agent of the law to take possession and
bring to this court, the following described property: ( give complete and detailed
description of the property to be seized).

Wherefore, the undersigned prays this honorable court to issue a search warrant
authorizing any agent of the law to search the premises above described and to seize
and surrender to this Honorable Court the personal property mentioned above to be
dealt with as the law directs.

________________________________, Philippines
_____________ 20___________

____________________
Applicant

Sample form of Search Warrant Issued by the Court

Letterhead

PEOPLE OF THE PHILIPPINES


Plaintiff, CRIMINAL CASE No.___________
Vs. For: ( State Nature of the Offense)
A. B.,
Accused,

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 49

To Any Peace Officer:

It appearing to the satisfaction of the undersigned after examining under oath (name of
applicant) and his/her witness (name of witness) that there is probable cause to believe that
(describe the act charged) has been committed or is about to be committed and that there are
good and sufficient reasons to believe that (name of person, or persons to be searched) has in
his possession or control in (describe the premises) in (name of street), district of _________, (
name of property subject of the offense; or stolen or embezzled and other proceeds or fruits of
the offense; or used or intended to be used as the means of committing an offense) which should
be seized and brought to the undersigned.(Cancel description not applicable)

You are hereby commanded to make an immediate search at any time in the day (or
night) of the premises above described and forthwith seize and take possessions of the following
personal property, to witgive a complete and detailed description of the property to be seized)
and bring said property to the undersigned to be dealt with as the law directs.

Witness my hand this _____________ day of ___________, 20______.

_______________________
Judge

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


Search Warrant

Republic of the Philippines


Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
________________________________________

____________________________

CERTIFICATION OF LEGALLY, PEACEFULLY AND ORDERLY EXECUTION OF SEARCH


WARRANT:

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that elements of ______________________________________


stationed at Camp Crame, Quezon City, have today _____________________, 200____
conducted Search and Seizure in my residence/premises located at
_______________________, _______________ by virtue of Search Warrant No. _____ issued
by Honorable Judge _______________________, Executive/ Presiding Judge of Branch
_________, RTC, _________________________ dated _____________________.

That during the course of their search, they found and recovered the following personal
properties of mine which is the subject of the Search Warrant, to wit:
Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 50

_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
___________________________________________________________________________

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

_______________________
(Signature over printed name of the owner)

SIGNED IN THE PRESENCE OF:

1.) _____________________________ 2.) _______________________________


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

SEARCHING PARTY/TEAM LEADER:

________________________________
(Signature over printed name)

SUBSCRIBED AND SWORN to before me this ___________ day of ___________


20____ at ________________________________________, ______________.

__________________________________
(Administering Officer)

Just checking . . . try to answer


Source: Bajado – Nano & Pioquinto (2014) this!

Peer / Self Assessment Activity

Can you summarize the


topic?
Develop two sentences that
best summarize the topic.
Send your answer in our
face book page _______ or in our
goggle class with this
code________.
Thank you for answering.
Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 51

Notice of Appeal. A Notice of Appeal is a formal notice served by the appellant,


a person who initiates an appeal, on the court and the parties involved informing them of
the appellant’s intention to request review of a lower court’s order. It is the initial step in
the appeals process. It informs the court and the party in whose favor a judgment or
order has been made that the unsuccessful party seeks a review of the case. Failure to
file a notice of appeal according to the statutory requirements will preclude appeal
(https://definitions.uslegal.com).

SAMPLE of NOTICE OF APPEAL

Republic of the Philippines


FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, Manila

PEOPLE OF THE PHILIPPINES


Plaintiff

-versus- Criminal Case No. 8444I


For: FRUSTRATED
HOMICIDE
JUAN C. PEDRO,
Accused.
x--------------------------------x

NOTICE OF APPEAL

COMES NOW accused JUAN C. PEDRO, by counsel, and unto this Honorable Court,
most respectfully gives notice that he is appealing to the Regional Trial Court, both questions of
fact and law, the decision dated 30 March 2016.

Respectfully submitted this 4th day of April 2016.

Baguio City, Philippines.

ATTY. SISSY SANTOS


Counsel for Accused
3F La Azotea Bldg., X Road, Manila
PTR No. 99909;01/04/2016;Manila
IBP No:6928764;01/04/2016;Manila
Roll No.:8139;04/08/2015
MCLE Compliance No.IV-0008758/10-18-12

Copy furnished:

Pros. Y
Office of the Prosecutor

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 52

Atty. X
Room 3B. 3F Port Mall
Manila

Source: https;//www.academia.edu/24789149/Notice of appeal

Just checking. . .try to answer this!

Peer / Self Assessment Activity

Answer briefly.
• Define Notice of appeal?
• Give one importance of Notice of
appeal?

Send your answer in our face book page


_______ or in our goggle class with this
code________.
Thank you for answering.

Thank you for reading the content.

Now you have learned about the official


notices used for law enforcement. Please do the
succeeding learning activities.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 53

Leaning Activities

Activity 1. Formulating Official Notices


Directions: Assume the following roles enumerated below and do the task intended for
each. Follow the prescribed format on the following forms discussed in
this unit. Encode your final work in a long bond paper. Submit your work
in the pigeon boxes which are provided in your department/college, or in
the designated area in your locality or upload your output in our face book
page ____ or in our goggle class with this code _____on or before the
date reflected in on your study schedule. See Rubric on page 61.

A. a clerk of court on a civil case, Do the summons.

B. a judge assigned on a _______ case. (choose one: rape, robbery with


homicide or destructive arson)
Do the subpoena, warrant of arrest and search warrant.

C. an appellant together with counsel on a/an ______ case. (choose one: arson,
kidnapping or murder)
Do the notice of appeal.

Activity 2. Official Notices Portfolio


Directions: Make a compilation on the different examples of Official Notices (including
your work on activity 1). Collect three examples for each form. Then,
create a professional quality of portfolio covering the official notices
discussed in this unit. Submit your work in the pigeon boxes which are
provided in your department/college, or in the designated area in your
locality or upload your output in our face book page ______
or in our goggle class with this code _______on or before the date
reflected in on your study schedule. See Rubric on page 62.
You may access the class work through this link: ____________

Chughahabnida! You did a great job! You may take


now the assessment.
If you have not completed the task or you have found
difficulty in accomplishing the learning activities, and want to
ask clarifications about it, please send me a message to our
face book page ______, or in our goggle class with this code
_____ or through a text message or phone calls on the contact
number included in your course

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 54

Assessment

A. Multiple Choice.
Directions: Read carefully the following questions. Choose the letter of the best
answer.
1. Failure to appear in court after receiving a subpoena will subject a person to the
following punishments except
A. contempt of court B. arrest C. fines D. physical labor
2. Which of the following cannot be classified as a writ?
A. subpoena B. notice of appeal C. warrant of arrest D. search warrant
3. The following are official notices for the appearance of a person in court at a specific
time and place except
A. summons B. subpoena C .appearance notice D. notice of appeal
4. Which statement is not true about warrant of arrest?
A. Clerks of court may issue warrant of arrest.
B. A warrant of arrest has a prescriptive period.
C. Private persons are authorized to effect warrantless arrest.
D. Police officers can execute both warrantless arrest and arrest with warrant.
5. A warrant of arrest may be issued for non-compliance of any of the following court
orders except
A. summons B. subpoena C. appearance notice D. notice of appeal

B. Writing Reflection Paper


Directions: Reflect on the prominent role and responsibility of police officers to put into
effect the notices and orders emanating from courts of law. Write your
paragraph form. Use short bond paper. Submit your work in the pigeon
boxes which are provided in your department/college, or in the
designated area in your locality or upload your output in our face book
page ______ or in our goggle class with this code
_______on or before the date reflected in on your study
schedule. See Rubric on page ____. You may access the
class work through this link: _________________

CONGRATULATIONS! You did a great job!


If you have not completed the task, or you have
difficulty in accomplishing the activity, please send me a
message to our face book page ________, or in our goggle
class with this code __________ or you may ask clarifications
through a text message or phone calls on the contact number
included in your course guide. You may write your insights or
thoughts about the activity on the space provided.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 55

Write your thoughts here

Add/insert
your emoji
here

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 56

References

Affidavit of Arrest | Affidavit | Legal Procedure. Scribd. (2020).


https://www.scribd.com/document/249617263/Affidavit-of-Arrest

Affidavit of Desistance | Philippine Legal Form. Legal-forms.philsite.net. (2020).


http://legal- forms.philsite.net/affidavit-of-desistance.htm

Bajado-Nano & Pioquinto. (2014).Technical Report Writing 2 for Criminology


Students. Wiseman’s Books Trading, Inc.

CLARIDADES, P., CLARIDADES, P., & CLARIDADES, P. (2020). Atty. Alvin Claridades.
Atty. Alvin Claridades. https://attyalvinclaridades.wordpress.com

Complaint Affidavit Sample | Crimes | Crime & Justice. Scribd. (2020).


https://www.scribd.com/doc/110145591/Complaint-Affidavit-Sample

Criminal Complaint Sample | Marriage | Social Institutions. Scribd. (2020).


https://www.scribd.com/document/323170714/Criminal-Complaint-Sample

Dictionary, Encyclopedia and Thesaurus - The Free Dictionary. TheFreeDictionary.com. (2020).


https://legagaldictionary.thefreedictionary.com

Dictionary by Merriam-Webster: America's most-trusted online dictionary. Merriam-webster.com.


(2020). https://www.merriam-webster.com/

Free Online Legal Form & Document Creator | Legal Templates. Legal Templates.
https://legaltemplates.net

Google.com. (2020). https://tinyurl.com/yxepp3gt

Legal Dictionary. TheFreeDictionary.com. (2020). https://legal-dictionary.thefreedictionary.com

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 57

Sample of Affidavit of Witness | Affidavit | Witness. Scribd. (2020).


https://www.scribd.com/doc/65394098/Sample-of-Affidavit-of-Witness

Sample Format of Sworn Statement (Question and Answer) (1) | Affidavit | Crimes.
Scribd. (2020).https://www.scribd.com/document/434360354/Sample-Format-of-
Sworn-Statement-Question-and-Answer-1

Sample Information for Homicide. Philippinelegalforms.com. (2020).


https://www.philippinelegalforms.com/2014/01/sample-information-for-homicide.html

Small Business - Chron.com. Small Business - Chron.com. (2020).


https://smallbusiness.chron.com

Suarez, Rolando A.(2007). Legal Forms. Rex Printing Company,Inc.

Sworn Statement Sample | Document | Civil Law (Common Law). Scribd. (2020).
https://www.scribd.com/doc/271815068/Sworn-Statement-Sample

Team, A. (2020). The Lawphil Project - Arellano Law Foundation, Inc.. Lawphil.net. from
https://lawphil.net

The IT Law Wiki. Itlaw.wikia.org. (2020). https://itlaw.wikia.org

Top-notch Law Firm in Metro Manila, Philippines | Corporate, Family, IP law, and
Litigation Lawyers. Law Firm in Metro Manila, Philippines | Corporate,
Family, IP law, and Litigation Lawyers. (2020). https://ndvlaw.com

US Legal, I. (2020). Legal Definitions Legal Terms Dictionary | USLegal, Inc..


Definitions.uslegal.com. https://definitions.uslegal.com

Welcome to LII. LII / Legal Information Institute. (2020). https://www.law.cornell.edu

8. Warrant of Arrest. Scribd. (2020). https://www.scribd.com/doc/269349277/8-Warrant-of-Arrest

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 58

Assessment Rubrics

Rubric in Blogging

Criteria Excellent Adequate Limited Mark


(5 Points) ( 3 Points ) ( 1 Point )

The student The student The student


ideas ideas ideas
presented are presented are presented are
Ideas / Content original and are original. Some not original and
expressed of the ideas can’t be
clearly. All presented are understood.
ideas are connected to Ideas are not
connected to the topic. connected to
the topic. the topic.

Post is well Post shows Post is in poor


presented. It is average quality. It
demonstrated quality. It shows no
Writing Quality that readings shows that evidence of
are well applied readings are reading other
to integrate made to information in
meanings to integrate order to
the topic information the enhance the
topic topic presented
presented.

Content shows Content shows Content shows


a good evidence of incorrect
Communication command of correct grammar and
Skills Standard grammar, spelling. It
English. It spelling and consistently
contains punctuation. making it
originality. No difficult for
error in spelling others to follow
and grammar. the ideas
presented.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 59

Rubric in Comic Strip ( Page ___ )

Criteria Excellent Adequate Limited Mark


( 5 Points ) ( 3 Points ) ( 1 Point )

Ideas expressed Ideas expressed Ideas expressed


Thought are highly relevant are related to the are slightly
/Speech and accurate to topic. Information related to the
Bubble the topic. is relevant. topic, but
Important information is
information is well incomplete.
emphasized.

Pictures and Pictures and Pictures and


captions show an captions show a captions show a
exceptional great deal of great deal of
Creativity degree of student student creativity. student
creativity. All of Many of them creativity. Only a
them reflect reflect relevant few them reflect
relevant connection to the relevant
connection to the topic. connection to
topic. the topic.

Spelling, There are no There are 1 – 3 There are more


Punctuation errors in spelling errors in spelling, than 5 errors in
and Grammar punctuation, or punctuation, or spelling,
grammar. grammar. punctuation, or
grammar.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 60

Rubric in writing Reflection Paper

Criteria Excellent Adequate Limited Mark


( 5 Points ) ( 3 Points ) ( 1 Points )

Ideas presented are Ideas presented Ideas presented


Organization very organized with are organized are disorganized.
well constructed but paragraphs Information is
paragraph. The use are not well inaccurate.
of information is constructed.
factual and correct. Information is
factual.

Information Information Information


Quality of presented is clearly presented to the presented is not
Information connected to the main topic. No connected to the
topic given. It additional details topic given.
includes supporting or examples
details and given.
examples.

No errors in Few errors in Too many errors


Mechanics grammar, spelling grammar, that resulted to a
or punctuation spelling or poor
punctuation understanding of
the paper work

All sources are All sources are Too many


Sources accurately accurately sources are not
documented in the documented but documented
desired format ( some are not in accurately
APA) the desired
format (APA)

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 61

Rubric in Formulating of Legal Forms Samples and Official Notices

Criteria Excellent Adequate Limited Mark


( 5 Points ) ( 3 Points) ( 1 Point )

Information is Important The presentation


Content complete and well information is does not include
supported by missing, or there information on the
details. are few supporting major points
details.

Spelling, grammar, A few (2-3)errors More than 5 errors


capitalization and in spelling, in spelling,
Mechanics punctuation in any grammar, grammar,
text in the form are capitalization and capitalization
all correct punctuation. and punctuation.

• Typed or • Typed or • Typed or


computer computer computer
Presentation generated generated generated
Format • Balanced • Somewhat • Format
margins balanced distracts
• Appropriate margins from
fonts • Font size is strengths
appropriate and
information
• Fonts
distracts
from
readability

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 62

Rubric in Legal Forms and Official Notices Sample Portfolio


( page ____ and _____ )

Criteria Excellent Adequate Limited


(5 Points) ( 3 Points ) ( 1 Point ) Mark

Portfolio is Portfolio is fairly Portfolio shows


completely and well organized. A some attempt at
Organization neatly organized. reader may have a organization. A
A reader can little difficulty reader has
easily find things finding things difficulty finding
things.

All sources are Few (2-3) sources Too many sources


Sources accurately are not ( 5 or more) are not
/properly cited. accurately/properly cited.
cited.

Whole Incomplete Incomplete


Content package compilation; few compilation; many
complete; forms are missing forms are missing
all forms
are
available

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 63

Rubric for Writing an Essay ( Assessment 2, page ____ )

Criteria Excellent Adequate Limited Mark


( 5 Points ) (3 Points) (1 Point)

There is one There is an The topic and


specific and specific topic. ideas
Content well focused Ideas are clear presented are
topic. Ideas are but are not not clear.
clearly and are supported by
well supported detailed
by detailed and information.
accurate
information

Writer makes Writer makes 4- Writer makes


no errors or 5 errors in more than 5
Grammar and spelling that grammar or errors in
Spelling distract the spelling that grammar or
reader from the distracts the spelling that
content reader from the distract the
content. reader from the
content

T
The form and he writer’s The reader
presentation of message is receives a
the text understandable garbled
Presentation enhances the in this format. message due
ability to the to problems
reader to relating to the
understand and presentation of
connect with the text, and is
the message. It not typed.
is pleasing to
the eye.

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 64

Glossary

Affidavit. A verified, formal sworn statement of fact signed by an affiant or author, and
witnessed by a notary public

Affidavit of arrest. Statement on the facts and circumstances surrounding an arrest


given under oath by an arresting officer

Affidavit of complaint. Sworn statement executed by the offended party disclosing


therein the acts or omissions complained of as constituting the offense

Affidavit of desistance. Written statement under oath by the complainant stating that
said person is no longer interested in pursuing the case against another

Affidavit of witness. Legal and binding written testimony of a witness used as evidence
in court

Answer. Pleading in which a defending party sets forth his/her defenses

Appearance notice. Official notice telling a person to appear in court at a specific time
and place to answer to a criminal charge delivered by a police officer.

Business forms. Documents that set forth the creation, transfer, modification or
limitation of rights to real or personal properties, and such other forms related to
business contracts or transactions

Complaint. Sworn written statement charging a person with an offense, subscribed by


the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated

Criminal action. Procedure by which a person accused of committing a crime is


charged, brought to trial, and judged

Cross-claim. Any claim by one party against a co-party arising out of the transaction or
occurrence that is the subject matter either of the original action or of a
counterclaim therein

Declatory relief. A judge’s determination of the parties’ rights under a contract or a


statute, often prayed for in a lawsuit over a contract

Deposition. Formal written statement, made by a witness to a crime, which can be used
in court if the witness cannot be present

Escheat. Right of a government to take ownership of estate assets or unclaimed


property when an individual dies with no will and heirs

Habeas corpus. Writ directed to a person detaining another and commanding that
person to produce the body of the prisoner at a certain time and place and to
state the cause of his/her capture and detention

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 65

Inquest. Informal and summary investigation conducted by a public prosecutor in


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

Interpleader. Suit pleaded between two parties to determine a matter of claim or right to
property held by a third party

Judicial forms. Forms which appertain to different kinds of pleadings, applications,


petitions, affidavits, motions and other court proceedings

Legal forms. Prototypes of documents or forms used in legal transactions or judicial


proceedings which contain important matters conveyed in technical terminologies
and presented in suitable and systematic order in accordance with the
circumstances of any case

Mandamus. Judicial writ issued as a command to an inferior court or ordering a person


to perform a public or statutory duty

Motion. Application for relief other than by a pleading

Motion for reconsideration. Legal filing where a party to a lawsuit requests the court to
review a prior decision and consider issuing a new or different decision in the
light of that review

Notary public. Public figure authorized by government to administer oaths, authenticate


contracts, acknowledge deeds, certify documents, etc.

Notice of appeal. Formal notice served by the appellant on the court and the parties
involved, informing them of the appellant’s intention to request review of a lower
court’s order

Ordinary civil action. One by which a party sues another for the enforcement or
protection of a right or the prevention or redness of a wrong

Perjury. Offense of willfully telling an untruth in a court after having taken an oath or
affirmation

Prohibition. Action of forbidding something by law

Quo Warranto. Special civil action whereby a person claiming to be entitled to a public
office or position files an action against a usurper challenging the authority of the
latter in holding said public office or position

Search warrant. Order issued by a judge authorizing law enforcement officers to search
for personal property described therein and bring it before that court

Subpoena. Writ commanding a person designated in it to appear in court under a


penalty for failure

Subpoena ad testificandum. Writ ordering a person to appear and give oral testimony
for use at a hearing or trial, or face punishment
Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 66

Subpoena duces tecum. Writ ordering a person to appear before the court bringing
with him/her certain designated documents or physical evidence, or face
punishment

Summons. Official notice telling a person that he/she has to appear in court at a specific
time and place to answer to a criminal charge, which may be received in the mail

Sworn statement. Document containing facts related to a legal proceeding made under
oath

Warrant of arrest. Written order by a judge for the taking of a person into custody in
order that he/she may be bound to answer for the commission of an offense

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 67

USER’S EVALUATION FORM

Date: __________

Dear Student,
The evaluation form will help us in the production of upcoming editions of the
instructional materials. Please fill out the form and detach before submitting the IM to
your professor at the end of the semester. Put it in a sealed envelope and submit this
form to the Instructional Materials Development Office (IMDO) in your campus. Thank
you for your compliance.

Director for Instructional Materials Development

Name (optional): ______________________________


Course in which the IM is used: ______________________________
Academic Year: ____________________ ( ) 1st Semester ( ) 2nd Semester
Date of Evaluation: ______________________________
Title: ______________________________
Author(s): ______________________________

Please rate the IM on the scale of 1-4

4- Strongly Agree 3- Agree 2- Disagree 1- Strongly Disagree

_____1. The IM is well-organized, complete, and is integral to the understanding of the


course.
_____2. The IM utilized learning outcomes which target future skills and graduate
attributes.
_____3. The content is well-structured, internationalized, and are based on the learning
outcomes.
_____4. The learning activities and assessments are congruent with the learning
outcomes.
_____5. There are adequate spaces for the learning activities and assessments.
_____6. The language used is gender-sensitive, easy to understand, and is appropriate
to the level of users.
_____7. The examples/illustrations, and body text are clear, set in APA 7th edition
format, and are appropriate to the level of the users.
_____8. The IMs are free from errors, misspellings and irrelevant pictures/illustrations.
_____9. The IM contains front and back contents (e.g. preface, acknowledgement,
rubrics, answer key, appendices, glossary)
_____10. The IM follows the institutional format of the University.

Overall rating of the IM (please check one)


__Highly useful __Useful __Somewhat useful __Useless
Not Intended for Publication. For classroom instruction purposes only.
LEGAL FORMS IN ACTION 68

For other comments and suggestions, please use the space below. Thank you.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 69

Answer Key

( Pre test )

1. True
2. X
3. True
4. True
5. True

Assessment

A. 1. Judicial forms
2. special proceeding
3. contract / transaction
4. a crime / an offense
5. court

Unit 2

Pretest

1. C - inquest 6.arrest
2. A – sworn statement 7. Ad testificandum
3. B - affidavit 8. Search warrant
4. C – criminal complaint 9. arrested
5. D - witness 10. duces tecum

Assessment

Legal Forms Official Notices


1. A 1. D
2. B 2. B
3. B 3. D
4. D 4. A
5. C 5. D

Not Intended for Publication. For classroom instruction purposes only.


LEGAL FORMS IN ACTION 70

About the Authors

Ma. Fatima C. Paculanang completed the degree of


Bachelor of Science in Chemistry for Teachers at the
Philippine Normal University, Manila. She earned units in
Bachelor of Laws at Andres Bonifacio College, Dipolog City.

Marjorie Catalonia Ogoc – Tudara finished the degree


of Bachelor of Secondary Education major in English
at Saint Vincent’s College, Dipolog City. She
completed her academic requirements for Master of
Arts in English at Jose Rizal Memorial State
University, Dapitan Campus.

Not Intended for Publication. For classroom instruction purposes only.

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