Name: Don Joshua A Patiu Date: July 28, 2021

Subject: CDI 8 Section: D2018

MIDTERM

1. WHO ARE THOSE PERSONS THAT CAN BE CONSIDERED HAVE PERSONAL

KNOWLEDGE OF THE CRIME COMMITTED?
The persons that can be considered have personal knowledge of the crime
committed is the arresting peace officer or private person.
Where in the personal knowledge of facts must be based on probable cause,
which means an actual belief or reasonable grounds of suspicion. The grounds of
suspicion are reasonable when, in the absence of actual belief of the arresting officers,
the suspicion that the person to be arrested is probably guilty of committing the offense
is based on actual facts, i.e., supported by circumstances sufficiently strong in
themselves to create the probable cause of guilt of the person to be arrested. A
reasonable suspicion, therefore, must be founded on probable cause, coupled with
good faith on the part of the peace officers making the arrest.
Differentiating it from an in flagrante delicto arrest, in hot pursuit, law enforcers
need not personally witness the commission of a crime. However, they must have
personal knowledge of facts and circumstances indicating that the person sought to be
arrested committed it.

2. WRITE THE FORMAT OF A NARRATIVE FORM OF AN AFFIDAVIT.

 The format of a narrative form of an affidavit are the following:

 Title the affidavit and include a caption – Start your affidavit with a title that
captures what it’s about. For example, you could start with “Affidavit of,” followed
by your name. In the caption, include the name and location of the court. If
there’s a court case involved, include the case title, the names of the
defendant(s) and the plaintiff(s), and the case number.
 Introduce the affiant – The next section after the title and caption is a statement
of the affiant’s identity. State your name, age, gender, occupation, place of
residence, and relationship to the litigant.
 Provide sworn confirmation of the facts – Before you outline the facts, you
need to swear that what you’re about to report is true to the best of your
knowledge. Remember, this is the written equivalent of swearing under oath in
court. You may reconfirm your sworn statement at the end of your affidavit, after
you’ve listed the facts.
 List the facts – This section of your affidavit should be written or typed in plain
language, without embellishment or statements of personal opinion. Using the
first person (“I”), simply outline the essential facts in clear, chronological order.
 Include any relevant exhibits – If other documents need to be referenced, label
them in a numbered sequence in your affidavit. These may include bank
statements, receipts, or other documents. Only include relevant items.
 Have the affiant’s signature notarized – The final step is getting the affidavit
notarized. Some state laws permit remote notarization, but most states require
you to have your affidavit notarized in the physical presence of a notary public or
other officer with legal authority to administer an oath.
 SAMPLE OF AN AFFIDAVIT

AFFIDAVIT OF WITNESS
I, ________________________, age, civil status, resident of
__________________________, _________, after having sworn in accordance with
law, do hereby depose and state THAT:

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

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

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

04. (State the acts done by the witness and the reason thereof);
I executed this affidavit to attest the truthfulness of the foregoing facts and to support
the filing of Criminal Cases against _______________________________ for violations
of ________________________.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this ___ day of

____________ at ____________.
Affiant

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

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

3. IN AFFIDAVIT ADMISABLE AS CIRCUMSTANCIAL EVIDENCE.EXPLAIN

An affidavit is admissible evidence, although some courts may require you to
testify to the affidavit or they may consider it hearsay. Since hearsay is not admissible
as evidence, your affidavit may not be used for evidence if someone objects to it unless
you testify. Thus, never assume that just because you signed an affidavit that it will get
you out of testifying in court as a witness.
4. WRITE JOINT AFFIDAVIT AFTER THE ARREST OF THE WANTED PERSON IN A
NARRATIVE FORM.

AFFIDAVIT OF ARREST

We SPO1 Deguzman Richmond and PO2 Pablo Ian Jay, both members of the
Philippine National Police, presently assigned at the Makati City, Police Station, do
hereby depose and state THAT:

1. That on or about 9 o’clock in the evening July 25, 2021, I, 2 nd affiant received
a report through a phone call from Cromwell Bonga, security guard of
Fiamma Bar in Jupiter St., Makati City, that an alleged trouble in progress at
Fiamma Bar.

2. That immediately after receiving the report, we proceeded in the reported

place and that thereat, we saw the persons of Jay- Ar Dulnuan, Mia Cruz and
Cromwell Bonga.

3. That upon interview on Mia Cruz she alleges that Jay- Ar Dulnuan committed
an act of lasciviousness with Mia Cruz, by touching her breast and left thigh.

4. That we invited Jay- Ar Dulnuan to go with us in the Police Station to clarify

things which he readily aceeded.

5. That we informed Jay-Ar Dulnuan 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.

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

truthfulness of the foregoing.

SPO1 Deguzman Richmond PO2 Pablo Ian Jay

1st Affiant 2 ND Affiant

SUBSCRIBED AND SWORN to believe me this 26th day of July 2021 at

Makati City, Philippines.

CLARK JAKE ANDERSON

Police Inspector
Oath Administering Officer
5. WRITE SAMPLE OF AN AFFIDAVIT IN QUESTION AND ANSWER.

AFFIDAVIT

I, ____________________________, _______ years old, born on __________,

(single/married) employed as _______________ at _____________________, after
having been duly sworn to in accordance with law, hereby depose and state:
PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial
affidavits to serve as the direct examination testimony of the witness, on the basis of
which the adverse party may conduct their cross-examination on such a witness, I
hereby execute this judicial affidavit in a question and answer format; That conformably
with section 3 (b) of the said A.M. No. 12-8-8-SC, I also state that it was
_________________, investigator of ______________________ who conducted the
examination of the undersigned affiant; That conformably also with section 3 (c) thereof,
I hereby state under the pain of perjury that in answering the questions asked of me, as
appearing herein below, I am fully conscious that I did so under oath, and that I may
face criminal liabilities for false testimony or perjury;
AND UNDER OATH, AVERS THE FOLLOWING:
[Knowledge/information
About illegal drug network]
1. Q: What are the reasons why you are voluntarily came to this Office?
A: Because I want to change my life and I want to freely and voluntarily give information
relative to the illegal activities of my previous drug syndicate.

2. Q: What is your function in the gang?

A: I’m the one looking for pushers in the street level.

3. Q: If you look for pushers, what did you do?

A: I will set a meeting and talk with them on the drug deal.

4. Q: What happened if they agreed with the drug deal with your gang?
A: They will become our pusher member and they have the privilege to use “SHABU” in
our den for free, provided they will sell our item “SHABU” and remit the proceeds to the
gang every day.

5. Q: How many grams do you give to your pushers every day?

A: I give each of them 50 grams.

6. Q: How much per gram of your “SHABU”?

A: We give only 200.00 per gram to our pushers.

7. Q: On your first meeting, what were your agenda?

A: He talks about illegal drugs business in the Philippines. He looked for some trusted
persons to deal with the illegal drugs. He asked me if I can be his partner here in the
Philippines, but I refused his offer. However, I assured him that I can be one of his
primary pushers.

8. Q: Now that you’re on the deal of pushing his “SHABU”, how it is done to
Have you the illegal drugs?
A: I pick up the “SHABU” in the port. He calls me that his “SHABU” arrives and available
for pick up in the port, there we met in the port and gives me the volume I needed.
9. Q: You said that the “SHABU” arrives in the port, where does it come from?
A: The “SHABU” came from main land China.
10. Q: Are you willing to help us find and bring the other members of your Gang to
justice?
A: Yes. I am willing to help in order to stop their illegal drug activities.
11. Q: For the meantime, I don’t have further questions, do you have any Statements to
add or take away on this affidavit?
A: I don’t have sir for the meantime.
12. Q: Were you threatened, promised or bribed to do this confession?
A: No sir. I made it voluntarily with my own free will.
13. Q: Are you willing to sign this affidavit consisting of six (6) pages, to certify that all
the statements you made are true.
A: Yes sir.
---------END OF STATEMENT----------

IN WITNESS WHEREOF, I hereunto set my hand below this _______ day of______,
2016 at ________________________. ________________________
Affiant

SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2016 at

___________________________. Further, I certify that I personally examined the
herein affiant that he voluntarily executed and fully understood his statements.

Administering Officer

ATTESTATION
I, ________________________, investigator of ____ (Police Station) ____,
____(Location)_____________, on my oath as the Investigator-on-Case (IOC), hereby
depose and states:
That I have personally conducted the foregoing examination to the witness affiant
____________________ at ____ (Police Station) ____,
____(Location)_____________;
That I have faithfully recorded and translated into English language the questions asked
of him/her and the corresponding answers that he/she gave in response to the
questions asked;
Neither I nor any other person/s coached this witness-affiant regarding the answers
given by her.
IN WITNESS WHEREOF, I hereunto set my hand below this _______ day of ______,
2016 at ________________________. ________________________
Investigator

SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2016 at

___________________________. Further, I certify that I personally examined the
herein affiant that he voluntarily executed and fully understood his statements.
________________________
Administering Officer
6.WHAT IS THE LEGAL IMPLICATION OF AN AFFIDAVIT. EXPLAIN
Affidavit is a sworn statement that is in writing. Affidavits are usually used in a
court or in negotiations; they are common in family law cases and Bankruptcy cases.
They are also used civil and criminal cases, though not as often as family or bankruptcy
law cases. They must be notarized and you must swear that the facts contained in an
affidavit are true and correct. When you notarize an affidavit, you must also sign in front
of witnesses. Generally, banks will notarize affidavits and other documents for you and
will provide witnesses. An affidavit is admissible evidence, although some courts may
require you to testify to the affidavit or they may consider it hearsay. Since hearsay is
not admissible as evidence, your affidavit may not be used for evidence if someone
objects to it unless you testify. Thus, never assume that just because you signed an
affidavit that it will get you out of testifying in courts as a witness.

7. DEFINE AFFIDAVIT
An Affidavit is a written statement from an individual which is sworn to be true. It
is an oath that what the individual is saying is the truth. An affidavit is used along the
witness statements to prove the truthfulness of a certain statement in court.

8. HOW MANY DAYS YOU HAVE TO RETURN THE SEARCH WARRANT TO THE
COURT OF ORIGIN?
The search warrant shall be valid for ten (10) days from date of issuance, and
after which the issuing judge should ascertain if the return has been made, and if there
was none, should summon the person to whom the warrant was issued and require him
to explain why no return was made. If the return has been made, the judge should
ascertain from the officer who seized the property under the warrant if a detailed receipt
of the property seized was left with the lawful occupants of the premises in whose
presence the search and seizure were made, or in the absence of such occupants,
whether he left a receipt in the place in which he found the seized property in the
presence of at least two witnesses of sufficient age and discretion residing in the same
locality, and should require that the property seized by virtue of the warrant shall be
delivered to the judge who issued the warrant. The judge should see to it that an
accurate and true inventory of the property seized duly verified under oath is attached to
the return and filed with the court; and The return on the search warrant shall be filed
and kept by the custodian of the log book who shall also enter in the log book, the date
of the return, the result, and such other actions the judge may have taken thereon.

9. GIVE TWO (2) TYPES OF AN AFFIDAVIT.

1. Affidavit of Service:
While less common than other types of affidavits, the Affidavit of Service stands
as sworn testimony that you delivered specified documents to another individual.
Certain required notices, especially involving court matters, must be attested to by an
Affidavit of Service to prove that you gave required paperwork to the individual listed.

Regardless of the reason you’re requested to prepare an affidavit, it’s essential

that you follow the proper procedures to ensure that the document has full force and
effect under the law. If you’re in need of notary services to certify statements made on
an affidavit, you should consult with a professional for more information on the process.
2, Affidavit of Heirship:
This document is also used when a spouse or close family member dies and
their assets must be distributed to the right individuals. The Affidavit of Heirship is
executed by a person who is attesting that the deceased left certain descendants
behind and is listing them by name and relationship.

10. WHO CAN OFFER AN AFFIDAVIT?

An individual can offer an Affidavit, as long as they have the mental capacity to
understand the seriousness of the oath. The contents of an affidavit reflect the personal
knowledge of the individual making the statement. This means that an individual making
an affidavit cannot be penalized for failing to include information of which they were not
aware. Personal knowledge can in some circumstances, include personal opinion rather
than fact. In certain cases, an affidavit can be offered on behalf of somebody else. This
may be the case in relation to the guardianship of an individual who is severely mentally
ill.

11. HOW MANY DEPONENT WITNESSES YOU NEED IN APPLYING FOR A

SEARCH WARRANT? EXPLAIN
One deponent witness which is a member of the law enforcement like PNP,
He/she is the one who will stand as witness in applying a search warrant.

12. GIVE THE DIFFERENCE BETWEEN SEARCH WARRANT AND WARRANT OF

ARREST.

Warrant of Arrest is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace office, commanding him to arrest
a person stated therein and bring him before the Honorable Court. Only judges are
authorized to issue Warrant of Arrest and Search Warrant pursuant to Section 6 of Rule
112 of the Revised Rule on Criminal Procedures. A Warrant Arrest is no longer needed
if the accused is already under detention. On the other hand, Search Warrant is an
order in writing issued in the name Of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the Honorable Court. A search warrant shall be
issued only upon probable cause in connection with one specific offense to be
determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to
be searched and the things to be seized which may be anywhere in the Philippines.