LEGAL FORMS

MODULE I

I. INTRODUCTION

Legal Forms, or Technical English 2, is the study of different documents and

forms that most Criminology graduates will encounter in the practice of their
profession. A basic but solid understanding of these documents, and how to prepare
or interpret them, is therefore a necessary skill for anyone interested in joining the
field of law enforcement.

This module contains an introduction to Affidavits, its parts, legal

implications, and the legal consequences of false statements in a duly subscribed
Affidavit. It also contains basic instruction on the drafting of an Affidavit of
Arresting Officers.

II. OBJECTIVES
At the end of this module, the students should have:
1. Understood what is an affidavit;
2. Learned the different parts of an affidavit, its legal implications, and the legal
consequences of false statements in a duly subscribed Affidavit;
3. Learned how to prepare a proper Affidavit of Arresting Officers.

Lesson 1
AFFIDAVITS

 What is an affidavit?
An affidavit is a formal, written sworn statement of fact, signed by a declarant
called an “affiant”, and witnessed by one authorized to administer an oath such as a
notary public. The word “affidavit” is of Medieval Latin origin and means “he has
sworn.”

An affidavit must contain the following essential elements:

1. A statement that the affiant is swearing under oath to the truthfulness of the
information contained in the affidavit;
2. The information that is being sworn to;
3. The signature of the affiant;
4. The attestation of a notary public or other official authorized to administer oaths.

 Parts
1. Venue
- This is the designation of the place where the affidavit was taken. It shows
whether the person who administered the oath has acted within his/her
jurisdiction.

2. Scilicet/Subscipri (SS)
- This is used to particularize a general statement. For example: “Republic of the
Philippines, SS, City of San Fernando, La Union” means “Republic of the
Philippines, more particularly in the City of San Fernando, La Union.”

3. Body
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- This consists of the facts attested to by the affiant who should have actual
knowledge of such facts and not merely a belief thereof.
- The allegations should be full, certain, and exact. In short, accuracy of the
statements in an affidavit is indispensable.
- Drafting an affidavit is just like story-telling, or making a narration of the events
that transpired.
- The body of an affidavit may be in the form of: a) narration; or b) question and
answer.

4. Signature of the Affiant

- This is found below the body of the affidavit.

5. Jurat
- This an act in which an individual on a single occasion:
a) Appears in person before the notary public or person authorized to
administer oaths and presents an instrument or document;
b) Is personally known to the notary public or the administering officer, or
identified by the notary public or the administering officer through
competent evidence of identity;
c) Signs the instrument or document in the presence of the notary public or
administering officer; and
d) Takes an oath or affirmation before the notary public or administering
officer as to such instrument or document. This means that the declarant
vows under penalty of law to the whole truth of the contents of his
statement. (Note also that the elements of a jurat are connected by the
conjunctive “and”. As such, each one of these acts should be reflected in
the jurat.)

 Legal Consequences of Untruthful Statements in an Affidavit

Making false or untruthful statements in an affidavit does not automatically result
in legal implications. The following requisites must be present in order for criminal
liability to attach:

(a) That the accused made a statement under oath or executed an affidavit
upon a material matter;
(b) That the statement or affidavit was made before a competent officer
authorized to receive and administer oath;
(c) That in the statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood; and
(d) That the sworn statement or affidavit containing the falsity is required
by law or made for a legal purpose. (Monfort III vs. Salvatierra, 517 SCRA
447, G.R. No. 168301, March 5, 2007)

In the same case, the Supreme Court made the following pronouncement
regarding perjury:

“Perjury is the willful and corrupt assertion of a falsehood under oath or affirmation
administered by authority of law on a material matter.

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Perjury being a felony by dolo, there must be malice on the part of the accused. Willfully
means intentionally, with evil intent and legal malice, with consciousness that the alleged
perjurious statement is false with the intent that it should be received as a statement of
what was true in fact. It is equivalent to “knowingly.” “Deliberately” implies
“meditated” as distinguished from “inadvertent acts.” It must appear that the accused
knows his statement to be false or is consciously ignorant of its truth.”

Lesson 2
AFFIDAVIT OF ARRESTING OFFICERS

 What is it?
This is an affidavit executed by law enforcement officers after the successful
arrest of the suspect of a crime. It provides details of events that transpired before,
during, and after the arrest. It is often introduced as evidence in court and is testified
on by the law enforcement officers who signed the same.

 Sample Form

Republic of the Philippines )

____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

JOINT AFFIDAVIT OF ARREST

We, the UNDERSIGNED Police Officers, both members of the Philippine National
Police, presently assigned at the __________________________, _________,
_____________, do hereby depose and state THAT:

01. We are among the members of the ___________________________________

who conducted entrapment operations at _______________________ located
along ________________________________, _______________;

02. Said operation stemmed from the complaint of _____________ for violation of
______________________________________, which was referred to our office
by the ______________________________ against _____________________,
(age), (civil status), (nationality) and residing at No.
__________________________, __________________;

03. On the complaint dated _______________, (state the act and the crime
committed).

04. Upon receipt of their said complaint, our office planned out an entrapment
operation against the suspect. At about ______________ of ______________, the
undersigned together with the complainant proceeded at the prearranged pay off
_________________________ located along
____________________________, __________ to give the money being asked
by the respondent;

05. Upon arrival thereat, complainants waited for the suspect to arrive while we the
undersigned seated near the table of the complainants. At about ________, suspect
arrived and approached the complainants and after few conversation, complainants
handed over the marked money to the suspect that minutes of prompted the
undersigned to immediately effect arrest;

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06. Seized and recovered in the possession and control of the arrested person were the
following, to wit:
a.) Marked Money, (state the denomination and serial numbers);
b.) (Name of documents promised);
c.) (type of CP and SIM Card); and
d.) Other evidence confiscated;

06. Suspect together with the seized and recovered evidence were brought to the
___________________________________, ____________, ___________ for
booking and proper disposition. Likewise, the arrested person was apprised of their
rights as provided for under the Constitution of the Philippines.

07. The report of the PNP Crime Laboratory Group Physical Identification Report No.
___________ dated __________, revealed that suspect
______________________ was POSITIVE for the presence of Bright Yellow
Ultraviolet Fluorescent powder on both palm and right dorsal portion of the hands.

We executed this joint 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, we hereunto affixed our signature this ___day of

____________ at ____________, _______________.

Affiant 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.

_____________________________
Administering Officer

Note:
 Both affiants indicated their respective designations as members of the PNP, as
well as their current place of assignment.
 The narration of events is chronological.
 The time, date and place of each relevant incident in the narration of events are
indicated.
 Pertinent documents utilized in the operation are indicated and identified usually
by their date and contents.
 Pieces of evidence confiscated are listed and described one by one.
 The specific crime being charged is also specified.