ST. CECILIAS COLLEGE, INC.

Pob. Minglanilla, Cebu

COLLEGE OF CRIMINOLOGY

COURSE MODULE FOR CDI 7: TECHNICAL ENGLISH (LEGAL FORMS)

PREPARED BY: Ed T. Maribojoc, R. Crim, MSCrim, Juris Doctor

LEARNING OBJECTIVES: At the end of the semester, the student should be able to:

1. Define Affidavit;

2. Enumerate and discuss the elements and parts of Affidavit;

3. Prepare an Affidavit, Complaint, Desistance, Reply, Motions, and such other legal forms; and

4. Prepare and application for search/arrest warrant.

MDOLUE 1

PART I – PRELIMINARIES

Whenever a crime is committed, or about to be committed, or continually perpetrated, concerned

government law enforcement agency is at the forefront of solving them. The job of the assigned
investigation officer (Officer-on-case), or of an arresting officer is not easy but rather complicated and
tedious, especially if the alleged perpetrator is unknown.

The task of a police officer or any Law enforcement officers investigating a case, or in applying search or
arrest warrants, are but just few legal forms that needs to be made by a police/law enforcement officer.
They don’t have any choice but to do these processes as part of their sworn duties, that is from crime
scene processing until the alleged suspect is prosecuted, and justice is done.

PARTE II – JURISDICTION
What is JURISDICTION?

a. Authority given by law to a court or tribunal to hear and determine certain controversies involving
rights which are legally demandable and enforceable

b. It is the legal authority to hear and determine a cause or the right to act in a case.

What is its SIGNIFICANCE to LEGAL FORMS?

It is important to know which court has jurisdiction over the particular case a lawyer is handling in order
to determine where proceedings should be initiated.

KINDS OF JURISDICTION

According to Types of Cases Tried

a. General jurisdiction ‐ extends to all controversies which may be brought before a court within the
legal bounds of rights and remedies

b. Limited or Special jurisdiction ‐ confined to particular cases, and can be exercised only under the
circumstances prescribed by the statute

According to Power of Review

a. Original ‐ exercised in the court at first instance

b. Appellate ‐ power and authority conferred upon a superior court to re‐hear and determine causes
which have been tried in inferior courts

According to Extent of Exercise

a. Exclusive ‐ confined to a particular tribunal or grade of courts and possessed by it to the exclusion of
others

b. Concurrent ‐ exercise by different courts at the same time over the same subject matter and within
the same territory, and wherein litigants may, in the first instance, resort to one of them indifferently
(but taking into consideration the doctrine of judicial hierarchy)

According to Situs

a. Territorial Jurisdiction‐ exercised within the limits of the place where the court is located
b. Extra‐territorial Jurisdiction ‐ exercised beyond the confines of the place where the court is located

PART III - JURISDICTION COURT OVER CRIMINAL CASES

Original and Exclusive Jurisdiction:

MTC

1. Those offenses punishable with imprisonment not exceeding six (6) years regardless of the fine,
accessory penalties and civil liability.

2. Those involving criminal negligence resulting to damage to property.

3. Those offenses where a fine not exceeding P4,000 is the only penalty.

4. Those offenses covered by the Rules on Summary Procedure:

a. Violations of traffic laws, rules and regulations

b. Violations of rental laws

c. Violations of city or municipal ordinances

d. Violations of the Bouncing Check Law (B.P. Blg. 22)

e. All other criminal cases where the penalty is imprisonment not exceeding six (6) months and/or
P1,000 fine irrespective of other penalties or civil liabilities there from and offenses involving damage to
property through criminal negligence where the imposable fine does not exceed P10,000.

RTC

1. Criminal cases not within the exclusive jurisdiction of any court, tribunal or body, more particularly:

a. Those offenses punishable by imprisonment exceeding six (6) years regardless of the fine, accessory
penalties and civil liability

b. Criminal cases not falling within the exclusive jurisdiction of the Sandiganbayan where none of the
accused are occupying positions in the government corresponding to salary grade 27
2. Cases where the only penalty is a fine exceeding P4,000

3. Other laws which specifically lodge jurisdiction in the Regional Trial Court, more particularly:

a. Law on written defamation or libel (Revised Penal Code)

b. Decree on Intellectual Property

c. Violations of the Dangerous Drug Act except when the offenders are under 16 years of age and there
are Juvenile and Domestic Relations Courts in the province.

4. Cases falling under the Family Courts in areas where there are no Family Courts.

Appellate Jurisdiction:

All cases decided by lower courts in their respective territorial jurisdictions.

PART IV – IMPORTANT PRINCIPLES ON COURT JURISDICTION

DOCTRINE OF ANCILLARY JURISDICTION

a. Involves the inherent or implied powers of the court to determine issues incidental to the exercises of
its primary jurisdiction.

b. Under its ancillary jurisdiction the court may determine all questions relative to the matters brought
before it, regulate the manner in which a trial shall be conducted, determine the hours at which the
witnesses and lawyers may be heard, appoint a receiver etc.

POLICY OF JUDICIAL HIERARCHY

The higher court will not entertain direct resort to it unless the redress desired cannot be obtained in
the appropriate lower courts. For example, although the Supreme Court, Court of Appeals and Regional
Trial Courts have concurrent original jurisdiction to issue writs of certiorari, prohibition and mandamus,
the application should still be filed with the lower court unless the importance of the issue involved
deserves action of the court of higher level.

DOCTRINE OF PRIMARY JURISDICTION

When an administrative body is tasked with the determination of facts relating to a special or technical
filed, the courts must give such body the opportunity to do so before proceeding with judicial action.
DOCTRINE OF ADHERENCE OF JURISDICTION

Once jurisdiction is vested in a court, it is retained by such until the end of litigation regardless of
circumstances that would have prevented the continued exercise of jurisdiction by the court. Hence, a
law enacted during the pendency of a case which transfers jurisdiction to another court does not affect
cases already pending prior to its enactment.

Exceptions:

1. When the law expressly provides for retroactive application.

2. When the change of jurisdiction is curative in nature.

3. When there is a perfected appeal, here, jurisdiction is transferred to the appellate court.

EXCLUSIONARY PRINCIPLE

A principle which provides that the court that first acquired jurisdiction over the case exercises it to the
exclusion of all others.

PART V - JURAT AND ACKNOWLEDGEMENT

What is JURAT?

1. It is that part of an affidavit where the officer certifies that the same was “sworn” before him. It is
used in affidavits, certifications, verifications or whenever the person executing a document or
instrument makes a statement of facts or attests to the truth of an occurrence of an event under oath.

2. It refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an instrument or document;

(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity;

(c) signs the instrument or document in the presence of the notary; and

(d) takes an oath or affirmation before the notary public as to such instrument or document.

Briefly, it is that part of the affidavit in which the notary public certifies that the instrument was sworn
to before him.
SAMPLE OF JURAT

SUBSCRIBED AND SWORN to before me this day of_____, 2009 the affiant is personally known and to
me known, and exhibiting to me his Passport No.___ (competent proof of identity) issued at ______
on_____ and his CTC No.________ issued at________ on________.

NAME OF NOTARY PUBLIC

Notary Public for the Province/City of__

Address

Appointment No. ____until December ____

Roll of Attorney No.________

PTR No.___________; IBP No.________;

MCLE Compliance No.__________

Doc No._____;

Page No.____;

Book No.____;

Series of 20__.

What is ACKNOWLEDGEMENT?

1. It is the act of one who has executed a deed, in going before some competent officer or court and
declaring it to be his act or deed. An acknowledgement is to authenticate an agreement between two or
more persons, or where the document contains a disposition of property.

2. It refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an integrally complete instrument or
document;
(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity; and

(c) represents to the notary public that the signature on the instrument or document was voluntarily
affixed by him for the purposes stated in the instrument or document, declares that he has executed the
instrument or document as his free and voluntary act and deed, and if he acts in a particular
representative capacity, that he has authority to sign in that capacity.3 Simply, it the act of one who has
executed a deed in going before some competent officer or court and declaring it to be his act or deed.

Two‐fold function of an acknowledgment:

(1) To authorize the deed to be given in evidence without further proof of its execution; and

(2) To entitle it to be recorded. The same purposes may be accomplished by a subscribing witness going
before the officer or court and making oath to the fact of the execution, which is certified in the same
manner.

SAMPLE OF ACKNOWLEDGMENT

BEFORE ME, this____ day of________, 20___ in the Municipality/City of_______, Philippines, personally
appeared________________, with Passport No. (competent proof of identity) issued at___________,
on________ and his Community Tax Certificate No.________ issued at _____________, on________,
known to me to be the same person who executed the foregoing instrument, and he acknowledged to
me that the same is his free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and place
above written.

NAME OF NOTARY PUBLIC

Notary Public for the Province/City of________,

Address___________________

Appointment No.______ until December____,

Roll of Attorney No.__________

PTR No._________; IBP No.____________;

MCLE Compliance No.____________

Doc No._____;

Page No.____;

Book No.____;

Series of 20__.

WHAT IS A DEED?

A deed is a legal instrument used to grant a right. Deeds are part of the broader category of documents
under seal. Deeds can be described as contract‐like as they require the mutual agreement of more than
one person.

WHAT IS AN AFFIDAVIT?

1. An affidavit is a formal sworn statement of fact, signed by the declarant called an affiant and
witnessed by a taker of oaths such as a notary public. The name is Medieval Latin for he has declared
upon oath.

2. Uses of affidavits include:

(a) To allow evidence to be gathered from witnesses or participants who may not be available to testify
in person before the court, or who may otherwise fear for their safety if their true identities are
revealed in court; and

(b) To obtain a declaration on a legal document that the information provided by the applicant is
truthful to the best of the applicant's knowledge. If, after signing such a declaration, the information is
found to be deliberately untrue with the intent to deceive, the applicant may face perjury charges.

3. If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in
reference to judicial proceedings.

4. Affidavits may be written in the first or third person, depending on who drafted the document. If in
the first person, the document's component parts are:

a. A commencement which identifies the affiant;

b. The individual averments, almost always numbered as mandated by law, each one making a separate
claim;
c. A conclusion generally stating that everything is true, under penalty of perjury, fine, or imprisonment;
and

d. An attestation, usually a jurat, at the end certifying the affiant made oath and the date.

PARTS OF AFFIDAVIT:

1. The VENUE is the designation of the place where the affidavit was taken to show whether the notary
public has acted within his jurisdiction.

2. The SCILICET/SUBSCRIPSI (SS) is used to particularize a general statement, i.e. Republic of the
Philippines, SS, City of Pasig means: in the Republic of the Philippines, more particularly in the City of
Pasig.

NOTE:

Subscripsi – Latin term which means, “I write underneath or below”, append, subscribe, etc.

Scilicet - is abbreviated as, “SS. or ss. or sc”. It sometimes appears in the venue section of a notarial
certificate, record, affidavit, pleading or another legal document. The word SCILICET came from the two
Latin word “scire”, meaning “to know”, and licet from another Latin word “licere”, which means “it is
permitted; you may know”.

3. The BODY consists of the facts attested to by the affiant, who should have actual knowledge of the
same and not merely a belief thereof.

NOTE:

a. The allegations therein should be full, certain and exact. In short, accuracy of the statements in the
affidavit is indispensable.

b. Drafting an affidavit is just like story‐telling, making a narration of the events that transpired.

c. The body of an affidavit may be in the form of: (a) a narration or (b) question and answer.

4. The SIGNATURE OF THE AFFIANT which is found below the body of the affidavit.

5. The JURAT
WHAT IS THE BASIS OF CIVIL AND CRIMINAL ACTION?

A 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.

A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions,
subject to the specific rules prescribed for a special civil action.

A criminal action is one by which the State prosecutes a person for an act or omission punishable by law.

NOTE: Every ordinary civil action must be based on a cause of action. A cause of action is the act or
omission by which a party violates a right of another.

WHAT IS A SPECIAL PROCEEDING?

A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.

WHAT IS THE DIFFERENCE BETWEEN COMPLAINT AND INFORMATION?

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.

Information - is an accusation in writing charging a person with an offense, subscribed by the prosecutor
and filed with the court.

NOTE: The complaint or information shall be in writing, in the name of the People of the Philippines and
against all persons who appear to be responsible for the offense involved.

WHO MUST PROSECUTE CRIMINAL ACTIONS?

All criminal actions commenced by a complaint or information shall be prosecuted under the direction
and control of the prosecutor.

However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned
thereto or to the case is not available, the offended party, any peace officer, or public officer charged
with the enforcement of the law violated may prosecute the case. Note, however, that this authority
ceases upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial
Court.

WHAT MAKES A COMPLAINT OR INFORMATION SUFFICIENT IN FORM AND SUBSTANCE?

A complaint or information is sufficient if it states:

1. The name of the accused - The complaint or information must state the name and surname of the
accused or any appellation or nickname by which he has been or is known. If his name cannot be
ascertained, he must be described under a fictitious name with a statement that his true name is
unknown.

If the true name of the accused is thereafter disclosed by him or appears in some other manner to the
court, such true name shall be inserted in the complaint or information and record.

When an offense is committed by more than one person, all of them shall be included in the complaint
or information.

2. The designation of the offense given by the statute - The complaint or information shall state the
designation of the offense given by the statute, aver the acts or omissions constituting the offense, and
specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference
shall be made to the section or subsection of the statute punishing it.

3. Cause of the accusation - The acts or omissions complained of as constituting the offense and the
qualifying and aggravating circumstances must be stated in ordinary and concise language and not
necessarily in the language used in the statute but in terms sufficient to enable a person of common
understanding to know what offense is being charged as well as its qualifying and aggravating
circumstances and for the court to pronounce judgment.
4. The name of the offended party - The complaint or information must state the name and surname of
the person against whom or against whose property the offense was committed, or any appellation or
nickname by which such person has been or is known. If there is no better way of identifying him, he
must be described under a fictitious name.

NOTE:

In offenses against property, if the name of the offended party is unknown, the property must be
described with such particularity as to properly identify the offense charged.

If the true name of the of the person against whom or against whose properly the offense was
committed is thereafter disclosed or ascertained, the court must cause the true name to be inserted in
the complaint or information and the record.

(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation
by which it is known or by which it may be identified, without need of averring that it is a juridical
person or that it is organized in accordance with law.

5. The approximate date of the commission of the offense – It is not necessary to state in the complaint
or information the precise date the offense was committed except when it is a material ingredient of the
offense. The offense may be alleged to have been committed on a date as near as possible to the actual
date of its commission.

6. The place where the offense was committed - The complaint or information is sufficient if it can be
understood from its allegations that the offense was committed or some of the essential ingredients
occurred at some place within the jurisdiction of the court, unless the particular place where it was
committed constitutes an essential element of the offense or is necessary for its identification.

WHAT IS THE DIFFERENCE BETWEEN A PLEADING AND A MOTION?

A Pleading is defined as the written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgment.

A Motion is defined as an application for relief other than by a pleading.

NOTE: All motions shall be in writing except those made in open court or in the course of a hearing or
trial.

MODULE 2

PART I – LEGAL FORMS

1. Simple Affidavit

2. Complaint-Affidavit

3. ETC, ETC,ETC.