TIPS AND REMINDERS

IN MAKING SWORN STATEMENTS

1. Avoid adjectives (those that describes a noun) unless really necessary.

2. Too long or too short statements are also a no-no. But be sure that
the purpose/s of such statement you made are there. In the rape
case of Maria Sangria, a material witness, all the elements of the crime
of rape should be clearly stated, including the identity of the accused
(Edwin Hidalgo) and where the crime was committed (to show where
the case will be filed -- jurisdiction. The statement of PO1 Basagre is
merely corroborative (as she was not a witness to the crime) but must
also show the circumstance why Edwin Hidalgo was validly arrested
3. You need not make or submit all sworn statement possible witnesses.
1 or 2 main witnesses as well as 1 or 2 other witnesses to corroborate
the statements of the main witness/es would do.

4. If you are the arresting or arresting officer, state in your statements of

your compliance of Republic Act No. 7438 (AN ACT DEFINING
CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS WELL AS THE
DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF);

5. In drug cases wherein you are the implementing the search warrant, or
the poser buyer, shoe compliance of Section 21 (Custody and
Disposition of Confiscated, Seized, and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors
and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment) of RA 9165;

Read: People vs. Novo Tanes, G.R. No. 240596, April 03, 2019)
People vs. Marlon Casco (G.R. No. 212819, November 28,
2018)

6. If you are going to attach certain documentary evidence or pictures,

mention the document and/or picture by Annex A, Annex B, etc…
(Example: I am attaching the blotter I mentioned as “Annex A”
hereof, while the picture I mentioned is hereto marked as “Annex B”
hereof;);

7. Real or thing evidences mentioned in your statement (like knives,

guns, etc…) need not necessarily be attached. It is sufficient for the
meantime that its existence be established by pictures and reference
 (like markings made on the evidence, or that it is in the custody of the,
say, the Evidence custodian;

8. As regards documents written or printed not in English or Tagalog, it

is best that there should be a translation of the document (in English
or) Tagalog;

9. In cases of documents or pictures, you need not attach the original, but
it would be better that you have the original on hand if in case the
court or prosecutor requires its presentation;

10. In physical injury cases, it would be better that you already have the
medico-legal record, since the basis for the kind of injury (serious,
.less serious, slight, or maltreatment) is based in the said medical
certificate;

11.In rape cases, medico-legal certificates are not a must, but an effective
aid to convince the prosecutor or court that indeed there was rape or at
least penetration;
 PARTS OF A SWORN STATEMENT

a. Affidavit, defined – is a sworn statement or declaration made

voluntarily stating facts under an oath or affirmation before an
authorized official to administer oath.

b. Who can make an affidavit

 No age requirement;
 Has mental capacity to understand the seriousness of the oath;

c. Purposes of an affidavit
 For use in court proceedings to provide factual evidence or to prove
up documents, records or other evidence;

d. What are the contents of an affidavit: information based personal

knowledge;

e. Parts of an affidavit:

 Caption;
 Body – must allege or prove the following;
 Identity of the accused;
 Jurisdiction of the court;
 Elements of the crime
 Jurat;
 Signature of administering officer and seal