Professional Documents
Culture Documents
Dear Modesto,
Prof Ed posted a new announcement in TECHNICAL ENGLISH (LEGAL FORMS) CDI 7-A.
NEW ANNOUNCEMENT
COLLEGE OF CRIMINOLOGY
(LEGAL FORMS)
PREPARED BY: Ed T. Maribojoc, R.
1. Define Affidavit;
search/arrest warrant.
MDOLUE 1
PART I – PRELIMINARIES
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
unknown.
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
PARTE II – JURISDICTION
What is JURISDICTION?
FORMS?
to re‐hear
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
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
CRIMINAL CASES
imprisonment not exceeding six (6) years regardless of the fine, accessory
ordinances
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
27
2. Cases where the only penalty is
Act except when the offenders are under 16 years of age and there are Juvenile and
Appellate Jurisdiction:
COURT JURISDICTION
DOCTRINE OF ANCILLARY JURISDICTION
primary 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.
appropriate lower courts. For example, although the Supreme Court, Court of
still be filed with the lower court unless the importance of the issue involved
filed, the courts must give such body the opportunity to do so before
DOCTRINE OF ADHERENCE 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
Exceptions:
is curative in nature.
court that first acquired jurisdiction over the case exercises it to the
PART V - JURAT
AND ACKNOWLEDGEMENT
What is JURAT?
identity;
affidavit in which the notary public certifies that the instrument was sworn to
before him.
SAMPLE OF JURAT
this day of_____, 2009 the affiant is personally known and to me known, and
Address______________________________
Doc No._____;
Page No.____;
Book No.____;
Series of 20__.
What is ACKNOWLEDGEMENT?
executed a deed, in going before some competent officer or court and declaring
property.
identity; and
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
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.
officer or court and making oath to the fact of the execution, which is
SAMPLE OF ACKNOWLEDGMENT
known to me to be the same person who executed the foregoing instrument, and he
set my hand and affixed my notarial seal, the day and place above written.
of________,
Address___________________
Doc No._____;
Page No.____;
Book No.____;
Series of 20__.
WHAT IS A DEED?
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?
taker of oaths such as a notary public. The name is Medieval Latin for he has
person before the court, or who may otherwise fear for their safety if their
the best of the applicant's knowledge. If, after signing such a declaration,
3. If an affidavit is notarized or
first or third person, depending on who drafted the document. If in the first
person, the document's component parts are:
the affiant;
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
SS, City of Pasig means: in the Republic of the Philippines, more particularly
NOTE:
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”.
attested to by the affiant, who should have actual knowledge of the same and
NOTE:
affidavit is indispensable.
b. Drafting an affidavit is just
like story‐telling,
5. The JURAT
WHAT IS THE BASIS OF CIVIL AND
CRIMINAL ACTION?
ordinary or special. Both are governed by the rules for ordinary civil actions,
another.
WHAT IS THE
any peace officer, or other public officer charged with the enforcement of the
law violated.
Information - is an accusation in
shall be in writing, in the name of the People of the Philippines and against
the prosecutor.
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
A complaint or information is
sufficient if it states:
complaint or information must state the name and surname of the accused or any
more than one person, all of them shall be included in the complaint or
information.
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
and not necessarily in the language used in the statute but in terms sufficient
charged as well as its qualifying and aggravating circumstances and for the
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
NOTE:
In offenses against property, if
the name of the offended party is unknown, the property must be described with
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
with law.
5. The approximate date of the
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
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
MODULE 2
PART I – LEGAL FORMS
1. Simple Affidavit
2. Complaint-Affidavit
3. ETC, ETC,ETC.
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