SORSOGON COLLEGE OF CRIMINOLOGY, INC.

3928 Rizal St. Piot, Sorsogon City

Tel. No. (056) 2112302; Telefax No. 4215417

CDI 8 – TEACHNICAL REPORT WRITING 2 (LEGAL FORMS)

LESSON 1 – INTRODUCING AFFIDAVIT
What is an AFFIDAVIT?
An affidavit is a written statement from an individual which is sworn to be true. It is an
oath that what the individual is saying is the truth. An affidavit is used along with witness
statements to prove the truthfulness of a certain statement in court.
● voluntary, sworn statement made under oath, used as verification for various
purposes.
● witnessed and signed by a notary public or other law official authorized to do so.
● Legally biding and the person signing is subject to be charged with perjury if the
affidavit contains false information.
Who can offer an affidavit?
An individual can offer an affidavit, as long as they have the mental capacity to understand
the seriousness of the oath. The contents of an affidavit reflect the personal knowledge of
the individual making the statement. This means that an individual making an affidavit
cannot be penalized for failing to include information of which they were not aware.
Personal knowledge can in some circumstances, include personal opinion rather than fact.
In certain cases, an affidavit can be offered on behalf of somebody else. This may be the
case in relation to the guardianship of an individual who is severely mentally ill.
Common Affidavit Uses
Affidavits can be useful in many situations. Many government forms include affidavits,
such as driver's license applications, vehicle registrations, voter registrations, and
concealed weapon permits.
Some of the more common types of affidavits are:
● Court affidavits. Although a court trial usually involves witnesses appearing in court
to give oral testimony, there may be situations in a legal proceeding where affidavits
are used, such as in support of written motions or when a witness is not available to
appear in court.
● Self-proving will affidavit. This is when the signature of a person making a will is
notarized. Generally, a will requires at least two witnesses to the maker's signature.
Traditionally, when the maker died, it was necessary to have the witnesses testify in
court in order to make the will valid. With a self-proving will affidavit, the will is
automatically deemed valid without the testimony of the witnesses.
● Affidavit of power of attorney. A power of attorney (POA) is a legal document signed
by one person, known as the principal, that gives another person, the agent, the
authority to act on the principal's behalf. However, this authority ends if the principal
dies or revokes the power of attorney. Before a third-party act in reliance on a POA,
the agent may be required to sign an affidavit stating that the power of attorney is
currently in effect and that the principal has not died or revoked the POA.
● Financial affidavit. This type of affidavit verifies certain financial information relating
to the affiant. Financial affidavits are common in divorce cases, where each party
 must verify their assets, debts, income, and expenses. Financial affidavits are also
commonly used in connection with estate planning and various financial transactions
such as loan applications.
● Affidavit of lost document. If a vital legal document is lost or destroyed, it can often
be re-established with an affidavit. For example, if you are owed money under a
promissory note that has been lost or destroyed, it may be possible to re-establish
the note by executing an affidavit of lost promissory note and indemnity
agreement. This allows another party to rely on your assurance that the note existed
and that you will reimburse the other party in the event of any economic loss due to
your assurance.
● Affidavit of identity theft. If you have been the victim of identity theft, you may need
to provide an affidavit certifying the theft to creditors, banks, and credit bureaus.
Three essential elements must be satisfied to constitute a complete affidavit. 
They are:
1. a written oath representing the facts as sworn to by the affiant;
2. the signature of the affiant; and
3. the attestation by an officer authorized to administer the oath that the affidavit was
actually sworn by the affiant in the presence of that officer.
An affidavit typically includes a title or caption, signature of the affiant, the jurat, and the
body of the instrument.  An affidavit should also state the venue.  The substance of the
document makes it an affidavit.  If the affiant is competent to testify to the contents of the
affidavit at trial, then mere technical deficiencies do not render the affidavit improper.
An affidavit is not a “lawful Affidavit” if:
1. the affidavit is signed outside the presence of an officer, or
2. no oath is administered.
An affidavit must state facts and at the same time it should affirmatively demonstrate how
the affiant obtained personal knowledge of those facts.  If the facts stated in the affidavit
are untrue and outside the personal knowledge of the affiant, then the affidavit will become
legally insufficient.
Sworn Affidavit
An affidavit is not considered legal or official until it has been notarized or witnessed by a
legal official. Once both parties sign the affidavit, it becomes a sworn document. Providing
false information on a sworn affidavit can render it invalid, and subject the signer to legal
penalties. Officials certified to witness such documents may vary from state to state, but
generally include:
▪ Notary Publics
▪ Staff members at certain banks
▪ Court officials
▪ Lawyers and paralegals
If a person is unsure which officials in their area can certify an affidavit, he can inquire at
the local courthouse. On occasion, officials or organizations notarizing documents charge
small fee for their services. They also record and keep record of the name, date, and reason
for the affidavit.
Nota Bene:
The Sworn Statement refers to a written statement voluntarily executed under by any person,
a suspect or a witness, which may be taken in a "question and answer format" or in a
"narrative format (affidavit)".
The Sworn Statement and Affidavit shall state only facts of direct personal knowledge of the
affiants which are admissible in evidence and shall show their competence to testify to the
matters stated therein.
Everyone can give statement but not anyone can lay claim to know the technique and
rudiments of statement-taking. In investigation, statement-taking is an avoidable necessity
and inherent for the documentation of narrated facts.
The investigator who is taking the statement has a fixed universal importance and belongs to
a particular class of persons in the police upon whom peculiar duties. and responsibilities are
vested by the rules in consequence. This accepted dictum underscores the need for evaluation
and reappraisal of the qualification and quality of the men assigned in investigation.
To the layman, statement-taking is self-explanatory. To the academe, it is both. an art and
science. To the investigator, it is an omnibus searching questions and answers on issues
respecting a matter of fact. To the lawyer, the statement taken by the investigator is a public
document. Within these milieus of connotations, statement should be viewed in the highest
pedestal of respect and not just a piece of paper.
CARDINAL TECHNIQUES IN STATEMENT-TAKING:
The novelty of this technique in statement-taking is tailored to support the investigator on how
not to become an easy legal prey to unscrupulous counsel who has no qualms for truth and
fair play. While it transcends ethical norm, sometimes it was resorted to by counsel in his
vain/attempt to defend his client.
1) No verbal or written interrogation shall be made without knowing even the initial facts of
the case under investigation. (It would be a fatal error to hold otherwise. For how could one
ask something when he knows nothing);
2) Likewise, no written interrogation shall be made without having a preliminary verbal
interrogation of the eyewitnesses or the offended party. (It would be an exercise in futility if,
after the written interrogation, the witness is not qualified or the narrated facts are not
relevant and material to the case in point, and therefore, inadmissible as evidence);
3) The taking of statement should always be witnessed by a third party. (Sometimes, affiant
when bribed or threatened, refutes material facts on the statement to favor a party. This third
party, therefore, can corroborate with the investigator to dispute this adverse claim;
4) Actual taking of written interrogation whether a suspect, an eyewitness or victim should be
documented through a photograph or video. (Photograph or video, as a technique, can impugn
the claim of the affiant that the statement was prepared under duress and coercion);
5) All written interrogation shall be chronologically numbered at the middle portion of the
broken line that divides the heading and the body of the statement, with the corresponding
initials of the investigator in every page thereafter. (This technique is incorporated to
determine whether the statement was altered or substituted with the collusion of the affiant);
6) In no case shall the investigator correct, change or alter the colloquial expression or the
regional accent of the affiant in his answers to the questions. (It would be ridiculous that
during the cross-examination, the witness narrated that facts in broken-Tagalog, but finds
that his sworn statement is couched in high sounding Tagalog version);
7) The affiant, whether an eyewitness, suspect or victim, should be made to affix his right
index fingerprint adjacent to his signature in every page of the statement. (Sometimes the
affiant, upon advise of the counsel, disowns his signature; his fingerprint, therefore, would
belie this claim);
8) Provide an intentional error at the beginning, middle and the last portion of the statement,
for the affiant to correct and to initial legibly. (This another technique, when the affiant will
later aver that he was forced to sign without the benefit of reading the content thereof);
9) All statement should be subscribed before any authorized administering officer as provided
for by law. (While it is admitted that the statement whether unsigned or unsubscribed is
admissible as evidence according to weight of authorities, the more reason when it is
subscribed);
10) The investigator should establish and maintain a personal file of documents and records
of each case for future referrals. (This technique is a safeguard against insidious ploy for
substitution or loss of records).