REVIEW NOTES ON LEGAL FORMS

Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

Definitions:

Legal Document- any document affecting the legal rights of any person including, but not
limited to, any deed, mortgage, will, trust instrument, contract or any document filed in any court,
quasi-judicial or administrative tribunal.

Legal Forms- prototype of an instrument to be employed in a legal transaction or a judicial

proceeding that includes the primary essential matters, the appropriate technical phrases or
terms, and any additional material required to render it officially accurate, arranged in suitable
and systematic order, and conducive to adaptation to the circumstances of the particular case.

Classification of Legal Forms

1. Business Forms – those that are used in conveyancing, or of the forms of deeds,
instruments or documents creating, transferring, modifying or limiting rights to real as
well as personal properties, and other forms related to business contracts or
transactions
2. Judicial Forms- those which pertain to different kinds of pleadings, applications,
petitions, affidavits, motions, and the like.

Steps in Drafting Documents Using Legal Forms

1. Plan out the document before you begin by:

o Determining the target audience
o Defining the purpose of the document
o Including all necessary facts, statements, and information
o Confirming the exact style guide and terminology
o Identifying other members who will add to the document and their responsibilities
o Organizing the document resources to ensure they are on-hand for all technical
details

2. Write with clear and concise language

o Always keep the sentence structure short and concise
o At the beginning of the document, define all technical terminologies used
consistently throughout the writing to avoid confusion.
o Avoid the use of long, complex words when simpler alternatives will do. Write
sentences efficiently and keep things to the point.

3. Ensure the correct use of grammar. Correct use of grammar and spelling is imperative for
all professional documentation. Be fastidious about the use of grammar and punctuation in
order to avoid confusion in legal text.

4. Be as accurate as possible. Ensure that all document content is true and detailed. One
small inaccuracy can create a world of doubt with regards to the validity of the document.   

5. Make information accessible. Legal documents tend to be long and time-consuming to both
compile and read. Make it easier on readers by defining important sections of the document for
easy reference. Use tags, reference points, and color-coded markers in the document where all
relevant information can be found with paging through wads of paper.

6. Ensure all necessary information is included. Supply all technical information needed. But
unnecessary footnotes, anecdotes, and long-winded explanations are distracting.

7. Always use an active voice. Using the active voice in writing is essential for eliminating
confusion. Basically, it outlines who must perform what in a sentence. Passive voice only makes
sentences longer, creating more opportunity for ambiguity within your legal text. Passive verbs
usually end with ''en'' or ''ed.'' An example of using a passive voice: ''The legal document was
written by the lawyer.'' Instead, this sentence can be simplified by using an active voice: ''The
lawyer wrote the legal document.''

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

8. Pay attention to imperatives. This is especially pertinent in legal texts because imperatives
are used to define a legal obligation. In other words, an imperative outlines a legal instruction.
Common imperatives used in legal documents include the words: shall, must, will, and should.
Using the right imperatives in your sentences helps to clearly define your meaning. For
example, ''shall'' creates a sense of obligation, but can also be interpreted as optional. If you
want an instruction to be translated as legally obligatory, it's better to use the imperative ''must.''

9. Use direct language. This is similar to the use of active voice in your writing and helps to
define instruction within a legal document. Regulations, procedures, instructions, and lists of
duties must all be written in direct language to avoid confusion or creating the illusion of
''optional''. An example of direct language is: ''Sign all copies and return as instructed.''
Ultimately, this style of writing results in procedures that are easier to understand and carry out.

10. Use consistent descriptions. Finally, always keep the content descriptions consistent
throughout each section of the legal document. This means that avoid using too many variations
of works to denote the same thing. It creates confusion. Using a synonym, rather than repeating
the same word is not recommended. Just stick to consistent wording and avoid ambiguity. For
example, choose to use the word ''motor vehicle'' and try not to change between ''car,'' ''vehicle,''
or ''automobile.''

Essentials in Drafting Legal Documents

1. Emphasize Title of the Document.
2. Clearly write the full names of parties, nationality, capacity, civil status and residence.
3. Separate the clauses by numbers and paragraph.
4. Avoid verbosity
5. Avoid technical terms, if used, define it.
6.  Make the document neat and free from any erasures
7. Clearly write the date and place of execution of instrument, in case of pleading in
civil or criminal cases, consider pertinent provisions of law and must comply
the requisites and/or pre-requisites as the case may be. 

Legal Forms Use in Law Enforcement

1. Affidavit of Complainant
2. Affidavit of Witnesses
3. Affidavit of Arresting Officers
4. Application for Search Warrant
5. Deposition of Witness
6. Complaint
7. Memo for Preliminary Investigation
8. Notice of Appeal
9. Motion for Reconsideration

The Affidavit

Formal sworn statement of fact, signed by the declarant called an affiant and witnessed by a
taker of oath such as a notary public.

The uses of affidavits include: (1) 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 (2) 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 an affidavit is notarized or authenticated, it will also include a caption with a venue and title
in reference to judicial proceedings. These 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:

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

1. A commencement which identifies the affiant;

2. The individual averments, almost always numbered as mandated by law, each one
making a separate claim;
3. A conclusion generally stating that everything is true, under penalty of perjury, fine, or
imprisonment; and
4. An attestation, usually a jurat, at the end certifying the affiant made oath and the date.

Parts of an affidavit:

1. The Header

Usually seen on the upper left of an Affidavit, it appears like this.

Republic of the Philippines)

City of Manila ) S.S.

S.S. means SCILICET/SUBSCRIPSI. SCILICET means "to wit; namely" while SUBSCRIPSI
means "to write or sign below". Hence the above is understood to mean, "Republic of the
Philippines namely subscribed in City of Manila". This part of an Affidavit refers to the venue
where the same was executed. It also indicates the jurisdiction within which the notary public
may administer oaths.

2. The Title

The common title of an Affidavit is Affidavit or if there are two or more affiants, Joint Affidavit.
However, there are some Affidavits which has been designated with a name such as Affidavit of
Loss, Affidavit of Quitclaim and Affidavit of One and the Same Person.

3. The Body

The body is the majority of the affidavit. It can still be divided into two sub-parts.

A. Opening Statement

An opening statement where the affiant states his name, nationality, that he is of legal age, his
residential address and that he has been sworn to in accordance with law.

Example:
I, _________________, of legal age, single/married/widow, Filipino citizen, and presently
residing at _____________________, after having been duly sworn to in accordance with law,
do hereby depose and say:

B. The Statement of Facts

Here you simply narrate facts. You divide them by paragraphs which you may identify with
numbers or letters. The important thing here is that you narrate facts and not conclusions and
that you do it in the most accurate way possible.

The last of the paragraphs usually goes like this and it can vary but the meaning should be the
same.
I attest to the truth of the foregoing facts and for whatever legal purpose this Affidavit may serve.

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

4. Signature of the Affiant

This is placed after the body. This is where the affiant signs his name. It appears like this.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _______ 20____ at
______________, Philippines.

Signed

_____________________________
Affiant

5. Jurat

The last part of an Affidavit is a jurat. It is the part of the Affidavit wherein the notarial officer
indicates that the affiant has subscribed and sworn to in his presence and that the latter has
shown a proof of his/her identity to the former. Furthermore, this part is where the notarial officer
affixes his seal and signature, notarial information and the record details of the Affidavit. It
usually goes like this.

SUBSCRIBED AND SWORN TO before me this _____ day of _________ at

________________ affiant exhibited to his/her competent evidence of identity by way of
_________________ issued on __________________ in _______________, Philippines.

Notary Public
Atty. __________________________
Notary Public for ____________
Appointment No. ____ Until _________ 20____
Roll of Attorney No. _________
PTR No. _________ IBP No. _________
MCLE Compliance No. _________
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

Uses of Affidavit

An Affidavit can be used for a variety of reasons and for any transaction where it is necessary to
swear to the truthfulness of certain facts. The Affidavit can be submitted as evidence in support
of a court case or criminal complaint before the Office of the Prosecutor. It may also be
executed in a business transaction to verify certain facts about the business. 

We also have specialized Affidavits that are tailored to the most common situations
(e.g. Affidavit of Desistance, Affidavit of Loss). We recommend using our specialized
Affidavits if they apply to your situation.

Information Needed to Create the Affidavit

1. The name and details (e.g. nationality and address) of the Affiant;
2. The facts being asserted as true; and
3. The purpose for which the Affidavit is being executed.

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

Samples Legal Forms Use in Law Enforcement

Affidavit of Complainant

Republic of the Philippines

Metropolitan Trial Court
____________

People of the Philippines Criminal Case No.

vs

Accused

x--------------------------------x

COMPLAINT

The undersigned, Chief of Police of ___________________, accuses

_______________In the municipality of ____________________, province of
_____________________________,Philippines, the said accused did then and there, willfully,
unlawfully, and feloniously, with malice and aforethought, attacked _______________________
with ________, wounding the latter in the _______________, producing wounds which are
necessarily fatal, thereby causing the immediate death of said
_____________________________.

Contrary to law.

____________, __________________________, 20___.

____________________________

Chief of Police of ______________

SUBSCRIBED AND SWORN before me this _____________ th day of ____________

20___________ in the province of ________________________.

________________________

JUDGE

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

Affidavit of Witnesses

Republic of the Philippines )

____________, ________ ) s.s.

x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, ________________________, age, civil status, resident of

__________________________, _________, after having sworn in accordance with law, do
hereby depose and state THAT:

01. I was present and personally saw that accused, __________, committed the
crime of ___________________________ against the victim _______________;

02. (State other circumstances and the relation either to the victim or accused or
both);

03. (State the details of the acts committed by the accused against the victim.

04. (State the acts done by the witness and the reason thereof);

I executed this 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, I hereunto affixed my signature this ___day of ____________

at ____________, _______________.

_______________________________

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.

_____________________

Notary Public

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

Affidavit of Arresting Officers

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 pre-arranged 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;

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;

07. Suspect together with the seized and recovered evidence was 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.

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

08. 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

Application for Search Warrant

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____, MANILA

PEOPLE OF THE PHILIPPINES

Plaintiff SEARCH WARRANT NO._____

-versus- FOR:

x------------------------------------------x

APPLICATION FOR SEARCH WARRANT

The Applicant, ____________________ of the ________________________,

____________________, after having been duly sworn, states:

That on _________., __________ personally appeared to the office of

________________ and reported that SUBJECT OF S.W, located at
__________________________________ is engaged in the illegal operation of
_______________________________; (See Photos and Sketch as Annex “A”).

That relative to the said information, at around ________, the informer and _________
together with the undersigned conducted investigation and surveillance operation at
___________________, located at _____________________________, __________. The
undersigned together with ____________ and _____________ inquires to the said office about
_______________.

That on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal
activities). (See photos & sketch and See Attached Calling Card, List of Requirements,
Studio Romano Job Order Form & MTC Job Information as Annexes “B” - “C”)

(modus operandi).

Further, investigation conducted disclosed that _________________________.

On the ensuing investigation, SUBJECT OF SW, ________________found to be

engaged in the operation of illegal activities;

That on the said investigation and surveillance operation the undersigned confirmed and
believes that SUBJECT OF SW and/or any of its Officer, Agents, employees of
_____________________________________, __________ is indeed engaged in
________________________despite the fact that the said office is ________________and is
not licensed to __________________.

The properties, articles, objects and items which are used and/or intended to be used in
the commission of the afore-stated offense in the possession of the SUBJECT OF S.W includes
the following:

a. Leads

b. ....

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

The undersigned has personally verified the report thru surveillance and investigation
activities together with _________________ and _______________, to ascertain the veracity
thereof and found the same to be true and correct;

PRAYER

WHEREFORE, the Undersigned respectfully prays:

a. that the Honorable Court include in the Search Warrant and express authority to
conduct the raid of the above-mentioned premises at any time of the day or night
including SATURDAYS and SUNDAYS considering that these are the days when
the customer traffic are at its peak and to break open the premises to be searched
should the owner thereof refuse entry in the premises or is absent therein.

b. that this Honorable Court cause the immediate issuance of a Search Warrant
commanding any Peace Officer to conduct a search on the above-described
premises and to seize the above-described items to be dealt with as the law directs;
(Date), (Place).

________________

Applicant

SUBSCRIBED AND SWORN TO before me this _______ day of

_____________, ______

______________________

Presiding Judge

CERTIFICATION AND VERIFICATION

I, THE UNDERSIGNED, under oath, depose and say that:

1. I am the applicant in the above-entitled application for Search Warrant;

2. I personally caused the preparation of the foregoing application for Search

Warrant and have read its content and the allegations therein, which are true and
correct to my own personal knowledge and belief.

3. I further certify that (a) I have not therefore commenced or filed any application
for a Search Warrant involving the same issues in any court, tribunal or quasi-
judicial agency and to the best of my knowledge, no such other application for
Search Warrant is pending therein; (b) If there is such other pending Application
for Search Warrant, I will therefore inform this Honorable Court of the present
status thereof; (c) If I should thereafter learn that the same and similar application
for Search Warrant has been filed or its pending , I shall report that fact within
five (5) days there from to this Honorable Court, wherein the aforesaid
application for Search Warrant has been filed.

____________________

Applicant

Date: ___________________

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

Deposition of Witness

Republic of the Philippines

REGIONAL TRIAL COURT
__________________________________
Branch ___________, Quezon City

PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO.____

Plaintiff

-versus- For

_________________________ _________________________

Respondent

x------------------------------------------x

DEPOSITION OF WITNESSES

We, _______________________________ after having been duly sworn to testifies, as follow:

Q- What is your name and other personal circumstance?

A- We are_______________ and _________________ both of legal ages, and (civil status) and
presently assigned with the _________________;

Q- Do you know ____________________, the applicant for Search Warrant?

A-

Q- Do you know the premises of _____________________________,

A-

Q- Do you have personal knowledge that in said premises the following properties are being kept,
being used or intended to be used without proper documents, to wit: _______________
A-

Q- Do you know who is or who is the person or persons who have or have control of him above-
described properties?
A-

Q. How did you know that the said properties are kept in his/her premises which are subject of the
offense?
A- We conducted discreet surveillance and it was confirmed that ________________ is keeping
___________________ in his/her premises/ residence.

__________________________ __________________________

Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___________ day of _______________ 1999 at

________________________.

_________________________

Judge

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

Complaint

Republic of the Philippines

Metropolitan Trial Court
____________

People of the Philippines Criminal Case No.

vs

Accused
x--------------------------------x

COMPLAINT

The undersigned, Chief of Police of ___________________, accuses

_______________In the municipality of ____________________, province of
_____________________________,Philippines, the said accused did then and there, willfully,
unlawfully, and feloniously, with malice and aforethought, attacked _______________________
with ________, wounding the latter in the _______________, producing wounds which are
necessarily fatal, thereby causing the immediate death of said
_____________________________.

Contrary to law.

____________, __________________________, 20___.

____________________________
Chief of Police of ______________

SUBSCRIBED AND SWORN before me this _____________ th day of ____________

20___________ in the province of ________________________.

________________________
JUDGE

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

Memo for Preliminary Investigation

Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR
Manila

Related to: ________________ I.S. No. __________________

I.S No. ________________ Prosecutor __________________

Prosecutor _________________ Date Filed __________________

MEMO OF PRELIMINARY INVESTIGATION

COMPLAINANT/S: RESPONDENT/S

1.______________________________ 1. _________________________________

Address: _______________________ Address: ____________________________

2. _____________________________ 2. __________________________________

_____________________________ __________________________________

3. _____________________________ 3. __________________________________

_____________________________ __________________________________

CHARGE: 4. __________________________________

____________________________________________________________________

Place of Commission 5. ___________________________________

____________________________________________________________________________
________________________________________________________________

Date ________________ Time ________________(Use back hereof for add, accused)

Witness:

Name ________________________ Address ____________________________

_____________________________ ____________________________________

_____________________________ ____________________________________

NOTE:1. Has a similar complaint been filed before any other office? (YES OR NO)

2. Is this complaint in the manner of a counter-affidavit? ________(YES OR NO)

3. Are all the above information true and correct _____________(YES OR NO)

THE ABOVE SHOULD BE FILLED UP BY COMPLAINANT OR COUNSEL

Investigation on ___________________ Postpone to ________________________

On relation of________________________

________________________________

(Signature of complainant or counsel)

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

TAKE NOTE: Sufficient copies of the affidavit

*********************************************

Of complainant and witnesses and other ACTION TAKEN:

Supporting document should be submitted.

________________________________

Investigation Prosecutor

IMPORTANT!

A complainant shall be required to file his complaint in the form of an affidavit to which
must be appended affidavit of witnesses, annexes and other supporting documents. The
statements of the complainant and his witnesses, shall be, far as practicable, be sworn to before
the investigating Prosecutor. If sworn before any Officer authorized to administer oaths, the
administering Officer shall CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT
AND THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

Late resolution given to Stenographer ____________________________

______________________________ _____________________________

Investigating Prosecutor Stenographer

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

Notice of Appeal

Republic of the Philippines

__________________________________

_____________________

________________________ Criminal Case No.____

Complainant-Appellant,

-versus- For

_________________________ _________________________

Accused-Appellee,

x------------------------------------------x

NOTICE OF APPEAL

COMES NOW the complain by the undersigned attorney and within the reglementary
period prescribed by the Rules of Court hereby files this notice of appeal from the judgement of
dismissal rendered by ___________________ of ____________

_____________, ______________________, _____________.

_______________________________

(Attorney for the Complainant)

_______________________________

(Address)

Copy hereof received ________ this

___________ day of _________, ________

_______________________________

(Counsel for the Accused)

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Rodolfo V. Castillo, Jr., RCrim, LPT, JD, Ph.D.

Motion for Reconsideration

Republic of the Philippines

__________________________________
_____________________
________________________ Criminal Case No.____
Complainant,
-versus- For
_________________________ _________________________
Accused.
x------------------------------------------x

MOTION FOR RECONSIDERATION

COMES NOW the complainant by the undersigned attorney and within the reglementary
period prescribed by the Rules of Court hereby files this motion for reconsideration from the
judgement of rendered by ___________________ of ____________ by virtue of newly found
evidence which was not obtained during the trial of this case and if produce will substantially
affect the decision of the Honorable Court, to wit:
a. Newly found evidence
b. New vital witness
PRAYER

WHEREFORE, it is most respectfully prayed that the instant petition be considered by

the Honorable Court and further grant the complaint other relief be granted as shall be deemed
just and equitable in the premises

_____________, ______________________, _____________.

_______________________________
(Attorney for the Complainant)
_______________________________
(Address)
Copy hereof received ________ this
___________ day of _________, ________

_______________________________
(Counsel for the Accused)

______________________________
(Prosecutor on Case)

EXPLANATION
(Proof of Service)
_______________________________
(Attorney for the Complainant)

_______________________________
(Address)

-END-

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