Lesson 3:

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;
✔ Miller, Larry (et al) (2015), Report Writing for Criminal Justice Professionals 5th
Edition
✔ Free Online Legal Form & Document Creator | Legal Templates. Legal Templates.
https://legaltemplates.net
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
OFFICELOCATED 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
10:30pm..
Before you will give your sworn statements, I would like to inform you of your rights
enshrined under the 1987 Philippine Constitution, as follows:
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.

✔ Miller, Larry (et al) (2015), Report Writing for Criminal Justice Professionals 5th
Edition
✔ Free Online Legal Form & Document Creator | Legal Templates. Legal Templates.
 https://legaltemplates.net
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 :

✔ Miller, Larry (et al) (2015), Report Writing for Criminal Justice Professionals 5th
 Edition
✔ Free Online Legal Form & Document Creator | Legal Templates. Legal Templates.
https://legaltemplates.net
✔ Miller, Larry (et al) (2015), Report Writing for Criminal Justice Professionals 5th
Edition
✔ Free Online Legal Form & Document Creator | Legal Templates. Legal Templates.
https://legaltemplates.net
✔ Miller, Larry (et al) (2015), Report Writing for Criminal Justice Professionals 5th
Edition
✔ Free Online Legal Form & Document Creator | Legal Templates. Legal Templates.
https://legaltemplates.net