LEGAL FORMS: READING ASSIGNMENT

1. JURAT AND ACKNOWLEDGEMENT

 G.R. NO. 129416 : November 25, 2004 - A jurat is a distinct creature from an
acknowledgment. An acknowledgment 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; while a jurat is that part of an affidavit where the officer certifies
that the same was sworn before him.
 LIBRADA A. LADRERA, COMPLAINANT, VS. ATTY. RAMIRO S. OSORIO,
RESPONDENT 2020 - The language of the jurat avows that the document was
subscribed and sworn to before the notary public. On the other hand, an
acknowledgment is the act of one who has executed a deed, attesting the deed
to be his own before some competent officer. Too, the notary declares that the
executor of the document has personally attested before him or her the same to
be the executor's free act.
Here, the Deed of Absaloute (sic) Sale required not just a jurat but an
acknowledgment by the parties themselves that the same is their voluntary act.
Atty. Osorio, however, erroneously certified the Deed of Absaloute (sic) Sale with
a jurat, not an acknowledgment.

2. TRIAL MEMORANDUM
The judge might order the parties to prepare and file a written trial memorandum.
The purpose of a trial memorandum is to assist the court at trial. Among other things, a
trial memo might include:
 An outline of the important facts and how those facts support your claims
  A list of the claims for relief you included in your pleadings and the damages being
sought for each claim
 A list of defenses
 A list of exhibits
 A list of witnesses
 A statement of the issues of law that need to be addressed at trial

Read any order from the court carefully to see whether it requires you to submit a trial
memorandum and what that memo must address.
TIP! Even if the judge does not require a trial memo, it might be a good idea to submit
one. In district court, you can file a trial memo at any time before close of trial, so long
as the judge hasn’t ordered something else. (EDCR 7.27.) In the Las Vegas Justice Court,
you should submit your memo at least fifteen days before trial. (JCRLV 23.)
To learn more about trial memos, study the court rules:

If your case is in the district court, in addition to a trial memorandum ordered by the
judge, you might need to file a pre-trial memorandum. Study Eighth Judicial District
Court Rule 2.67. Click to visit District Court Rules.
If your case is in the Las Vegas Justice Court, study Justice Court Rules of Las Vegas 23.
That rule says what a pretrial memorandum must contain. Click to visit Justice Court
Rules

3. POSITION PAPER
4. COMPLAINT AFFIDAVIT
 If you are a victim of crime or felony in the Philippines, it is wise to report the
crime or felony with the barangay and police authorities. Thereafter, you must
secure a barangay blotter and police blotter or report so that you may use them
as evidences. If you sustained injuries, go to a government hospital to have
yourself checked out. The medical report of said hospital will be very useful to
 prove your physical injuries. In addition, ask someone to take photographs of
your injuries as proof.

 To enable you to properly lodge a criminal complaint, it is of foremost concern

that you secure the services of a good and efficient Philippine lawyer, attorney or
law firm. As you will need to file a Complaint-Affidavit with the Office of the City
Prosecutor where the crime was committed, it is necessary to have your facts
straight and evidences in check. A good criminal lawyer will draft a Complaint-
Affidavit which will prove all the elements of the crime or felony.

 After filing your Complaint-Affidavit, the Office of the City Prosecutor will issue a
subpoena against the accused, requiring him to appear on a certain date and
time to submit his Counter-Affidavit. Thereafter, you may file a Reply-Affidavit to
controvert the new issues he raised. In the same vein, the accused may file a
Rejoinder-Affidavit.

 This process is known as preliminary investigation. Preliminary investigation is an

inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial. This is a
crucial stage in criminal proceedings because the prosecutor will have to
determine whether there is sufficient ground to file an information in court
against the perpetrator. That is why you need to seek expert legal advice and
engage the services of Philippine criminal prosecution lawyers or attorneys to
ensure that your criminal complaint is strong and can prove the elements of the
crime.

 If there are no sufficient grounds, then the prosecutor will dismiss the case. As
such, the criminal complaint will not be filed in court. Your criminal lawyer may
file a Motion for Reconsideration with the City Prosecutor. If the Motion is
denied, you may seek remedy from the Department of Justice.

 If the prosecutor finds probable cause, he will issue a resolution spelling out the
reasons for such finding. The prosecutor will correspondingly file an information
in court, with the recommended bail. If the judge in the pertinent court finds
sufficient grounds, he shall issue a warrant of arrest. Except for certain crimes
punishable by reclusion perpetua, when evidence of guilt is strong, the accused
may post bail.

 Trial will thereafter ensue. It must be emphasized that criminal cases are
offenses committed against the state. Thus, the prosecutor or fiscal will be the
one prosecuting the criminal case. However, he may be assisted by private
prosecutors. In view of the known fact that prosecutors are laden with heavy
work load, it is best to secure your own private lawyer in the Philippines who can
give your concerns the appropriate attention and detail

5. COUNTER AFFIDAVIT BEFORE THE OFFICE OF THE CITY PROSECUTOR OFFICE

REPUBLIC ACT No. 5180
(as amended by PD 911)
AN ACT PRESCRIBING A UNIFORM SYSTEM OF PRELIMINARY INVESTIGATION BY
PROVINCIAL AND CITY FISCALS AND THEIR ASSISTANTS, AND BY STATE ATTORNEYS OR
THEIR ASSISTANTS.

Section 1. Notwithstanding any provision of law to the contrary and except when an
investigation has been conducted by a judge of first instance, city or municipal judge or
other officer in accordance with law and the Rules of Court of the Philippines, no
information for an offense cognizable by the Court of First Instance shall be filed by the
provincial or city fiscal or his assistants or by a state prosecutor, without first conducting
a preliminary investigation in the following manner:

(a) All complaints shall be accompanied by statements of the complainant and his
witnesses as well as other supporting documents. The statements of the complainant
and his witnesses shall be sworn to before any fiscal or state prosecutor or before any
government official authorized to administer oath. The officer administering the oath
must certify that he has personally examined the affiants and that he is satisfied that
they voluntarily executed and understood their affidavits.

(b) If on the basis of the complainant's sworn statements and documents submitted, the
investigating fiscal or state prosecutor finds no probable cause to conduct a preliminary
investigation, he shall dismiss the case. If, probable cause is established by
complainant's evidence, he shall notify the respondent by issuing a subpoena requiring
him to submit his counter-affidavit and the affidavits of his witnesses, if any, and other
supporting documents, within ten (10) days from receipt of such subpoena. If
respondent cannot be subpoenaed, or if subpoenaed he does not appear before the
investigating fiscal or state prosecutor, the preliminary investigation shall proceed
without him. To such subpoena shall be attached a copy of the complaint, the sworn
statements and other documents submitted. Other evidence submitted shall be made
available for examination of the respondent or his counsel. The statements of the
respondent and his witnesses shall also be sworn to before any fiscal or state prosecutor
or before any government official authorized to administer oath and with the same
certificate as above-mentioned. The respondent shall furnish the complainant copies of
his counter affidavits and other supporting documents.

(c) If a prima facie case is established by the evidence, the investigating fiscal or state
prosecutor shall immediately file the corresponding information in court. If he finds that
there is no prima facie case, he shall dismiss the case unless he believes there are
matters to be clarified in which case he may profound clarificatory questions to the
parties or their witnesses affording both parties opportunity to be present but without
right to examine or cross-examine. If the parties or their counsel so desire, they may
submit questions to the fiscal which the latter may in his discretion propound to the
parties concerned.

(d) The preliminary investigation shall proceed without need of requiring the parties and
their witnesses to reaffirm their respective statements before the investigating fiscal or
state prosecutor. Thereafter, he shall resolve the case within ten (10) days from its
termination, furnishings the parties copies of his resolution stating briefly the findings of
facts and the law supporting his action.
The fiscal or state prosecutor shall certify under oath in the information to be filed by
him that he has examined the complainant and his witnesses, that on the basis of the
sworn statements and other evidence submitted before him there is reasonable ground
to believe that a crime has been committed and that the accused is probably guilty
thereof, that the accused was informed of the complaint and of the evidence submitted
against him and that he was given an opportunity to submit controverting evidence;
Provided, That no assistant fiscal or state prosecutor may file an information or dismiss
a case except with the prior authority or approval of the provincial or city fiscal or Chief
State Prosecutor; Provided, further, That where an assistant fiscal or state prosecutor
who has investigated the case, recommends the dismissal of the case but his findings
are reversed by the Provincial or City Fiscal or by the Chief State Prosecutor, as the case
may be, on the ground that a prima facie case exists, the Provincial or City Fiscal or the
Chief State Prosecutor may, by himself, and on the basis of the same sworn statements
and evidence submitted, file the information against the respondent, or direct any other
assistant fiscal or state prosecutor to do so, without conducting another preliminary
investigation; Provided, finally, That where the resolution of the Provincial or City Fiscal
or the Chief State Prosecutor is, upon review, reversed by the Secretary of Justice, the
latter may, where he finds that no prima facie case exists, authorized and direct the
investigating fiscal concerned or any other fiscal or state prosecutor to cause or move
for the dismissal of the case, or, were he finds a prima facie case, to cause the filing of
an information in court against the respondent, based on the same sworn statements or
evidence submitted without the necessity of conducting another preliminary
investigation.

Section 2. The provisions of Section fifteen, Rule 112, of the New Rules of Court of the
Philippines, shall be observed in the investigations of persons in custody.

Section 3. All laws or parts thereof, provisions of city charters, rules and regulations
contrary to the provisions of this Act are hereby repealed.

Section 4. This Act shall take effect upon its approval.

Approved, September 8, 1967.