Affidavit actually sworn by the affiant in the presence
of that officer. (affidavits.uslegal.com, n.d.)
Affidavit
Affidavit is a voluntary sworn declaration of written
facts.
It is sworn before a notary or other officers entitled to
administer an oath or take acknowledgement (Suarez,
2019).
The document needs to be authorized/notarized
either by oath commissioner or any Notary public so
that the authenticity of affiant's signature can be
proven.
Both author and witness need to sign it, if the affidavit
is needed for conducting court proceedings, therefore
it needs to be created in a proper manner by any legal
professional (Alvarez, 2023).
Affiant
It is the person making the sworn statement is
referred to as the affiant.
In signing an affidavit, the affiant is asserting that the
information is true and that they have personal
knowledge of the facts contained in the affidavit.
They are also stating that they are competent to
testify about the information provided if called into
court (legalnature.com, 2022).
Executing an Affidavit
In executing an affidavit, the affiant's primary
qualification is that he has knowledge of facts which
he states, and the truth of which he affirms (Suarez,
2019).
It will be used to prove the truthfulness of a certain
statement in court (Alvarez, 2023).
It is either the personal knowledge of the affiant or
his/her information and belief or although not based
on their personal perspective, the affiant states only
what he/she feels they can state as true (Philippines
Legal Forms, 2022).
An affidavit is only valid when made voluntarily and
without coercion (legalnature.com, 2022).
Elements in Writing an Affidavit
1. A written oath representing the facts as sworn
to by the affiant
2. The signature of the affiant
3. The attestation by an officer authorized to
administer the oath that the affidavit was
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
(affidavits.uslegal.com, n.d.).
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
(affidavits.uslegal.com, n.d.).
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
(affidavits.uslegal.com, n.d.).
Parts of Affidavit (Writing)
Affidavits 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 (Ateneo Law School, 2009):
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 an oath and the
date.
Parts of Affidavit (Suarez, 2019)
1. Venue – the place where the affidavit was
taken. This will show whether the official
administering the oath of affirmation has
acted within his jurisdiction.
2. Body – The facts stated in the body of an
affidavit must be stated positively, and not
merely a matter of belief, by one who has
actual knowledge of the fact and its
allegations should be full, certain and exact.
 3. Signature of the affiant and the Jurat – The
proper place of the signature is below the
body of the affidavit.
Jurat is that part of an affidavit in which the
officer certifies that the instrument was
sworn to before him.
The Scilicet/Subscipsi (SS) is used to
particularize a general statement.
“SS” literally means “more particularly.”
Example: Republic of the Philippines, SS, City
of Tarlac means: in the Republic of the
Philippines, more particularly in the City of
Tarlac.
Essential Parts of an Affidavit (Caluntad-Dabu &
Dabu-Pepito, 2021)
1. Venue or place where it is made
2. Name, status, citizenship and address of the
affiant
3. A statement that the affiant had been duly
sworn to
4. The matters or facts that the affiant declared
and sworn to
5. Signature of the attaint
6. Jurat
7. Signature and seal of the Notary Public and
other required information
Legal Implication of Affidavit
An affidavit is a legal document that is very similar to
a witness’s sworn testimony in a court of law.
Prior to giving testimony, a witness in a trial must
swear that what they are about to say is true and
correct under penalty of perjury.
An affidavit carries the same penalty of perjury, only it
used to attest to things outside of the courtroom
(legalnature.com).
Legal Implication of Affidavit (Legal Impact of
Notarized Documents, May 11, 2016)
1. A private document becomes public once it is
notarized.
2. Notarization is a good proof of authenticity of
the document.
3. The document becomes admissible as
evidence in court.
4. Notarization also prevents fraud in drafting
documents/declaring statements.
It may also be concluded that the affidavit binds the
affiant as to the statements that he made therein.
One question that might arise now is that, “are all
affidavits notarized?”
The answer to that question is given by an article title
in the webpage of “InterAksyon” (September 6, 2017)
which is “Legal analyst: Unknown affidavit not
completely worthless but has less probative value.”
According to TV5 legal analyst and FEU Institute of
Law Dean Atty. Mel Sta. Maria: “As long as it is not
sworn, it is just a private document. Can you still use
it? Yes, it can still be used. But its probative value is
not that high.”
“If it is notarized, it attains the status of a public
document. Because it says in the notary, ‘Sworn to,
before me, a notary public, that… this is his free will,
that I know him, he is the one who took that.’ So it
attains the status of a public document, and if it
attains the status of a public document, its probative
value increases, so that it can be used legally, strongly
(interaksyon.philstar.com, 2017).”
Legal Consequences of False and Untruthful
Facts in an Affidavit
Lying under oath is punishable under the Revised
Penal Code of the Philippines as the crime of Perjury.
The crime of perjury is committed by any person who
shall knowingly make untruthful statements or make
an affidavit, upon any material matter and required
by law (ndvlaw.com, n.d.).
Article 183. False Testimony in Other Cases and
Perjury in Solemn Affirmation.
The penalty of prision mayor in its minimum period
shall be imposed upon any person who, knowingly
making untruthful statements and not being included
the provisions of the next preceding articles, shall
testify under oath, make an affidavit, upon any
material matter before competent person authorized
administer an oath in cases in which the law so
requires.
Any person who, in case of a solemn affirmation made
in lieu of ail oath, shall commit any of the falsehoods
mentioned in this and the three preceding articles of
this section, shall suffer the respective penalties
provided therein: Provided, That is the person
responsible for the commission of this felony is a
public officer or employee, the penalty shall be
imposed in its maximum period: Provided, finally, That
the offender shall also suffer a fine not to exceed One
million pesos (P1,000,000.00) and perpetual absolute
disqualification from holding any appointive or
elective position in the government or in any agency,
entity, or instrumentality thereof.
Elements of the Crime of Perjury
1. That the accused made a statement under
oath or executed an affidavit upon a material
matter;
2. That the statement under or affidavit was
made before a competent officer, authorized
to receive and administer oath;
3. That in the statement or affidavit, the accused
made a willful and deliberate assertion of
falsehood; and
4. 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).
Legal Forms/Affidavit
Affidavit of Arresting Officers — Any Crime/s
Arrest is the taking of a person into custody in order
thathe may be bound to answer for the commission
of anoffense (Sec. 1, Rule 113, Rules of Court).
An affidavit of arrest is generally filled out by the
arresting officer and states the facts as the
information which led to the arrest and the
observations made before and after the arrest
occurred (Alvarez, 2023).
It is a statement given under oath and penalty of
perjury.
It may also be referred to as a(n) arrest report
(Alvarez, 2023).
Affidavit of Complaint – Any Crime/s or Admin
Case
A complaint is a sworn written statement charging a
person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged
with the enforcement of the law violated (Sec. 3, Rule
1 10, RoC).
Complaint is a concise statement of the ultimate facts
constituting the plaintiff’s cause or causes of action
(PNP Criminal Investigation Manual, 2011).
A complaint affidavit is a sworn statement prepared
by someone who wishes to file a legal complaint.
It becomes the basis for the case, providing basic
information about the facts of the matter and
outlining the nature of the case (McMahon, 2022).
Affidavit of Witness — Any Crime/s or Admin
Case
All persons who can perceive, and perceiving, can
make known their perception to others, may be
witnesses (Sec. 21, Rule 130, 2019 Amendments to the
1989 Revised Rules on Evidence).
A witness is a person with personal knowledge of a
situation or incident (Alvarez, 2023).
In court cases, witnesses can help parties prove
elements of their cases through live testimony,
deposition testimony or affidavits (Seidel, 2019).
The witness writes out the facts about which she has
knowledge that are relevant to the case, signing the
document and swearing under penalty of perjury that
it is true (Alvarez, 2023).
In most cases, the witness must sign the affidavit
before a notary or officer of the court (Alvarez, 2023).
Application for Search Warrant —
Applicable Crime/s
A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding
him to search for personal property described therein
and bring it before the court (Sec. 1, Rule 126, RoC).
All applications for Search Warrant shall be approved
for filing by the Chief of Office.
The application shall indicate the following data (PNP
Operational Procedure, 2021):
1. Office applying for the search warrant;
2. Name of officer-applicant;
3. Name of the subject, if known;
4. Exact address/place(s) to be searched;
5. Specific statement of things/articles to be
seized; and
6. Sketch and/or Picture, if available, of the
place to be searched.
The availability or unavailability of BWCs to be used in
the execution of the warrant.
In case of unavailability, request for authority to use
ARDs.
Documents to be issued after the Execution of
Search Warrant
1. Receipt for Property Seized;
The police officer who confiscates property
under the warrant shall issue a detailed
 receipt of property seized to the lawful
occupant of the premises.
In the absence of such occupant, the detailed
receipt shall be left in the place in which
he/she found the seized property in the
presence of at least two witnesses of
sufficient age and discretion residing in the
same locality (The Revised Rules of Criminal
Procedure, Rule 126 Sec. 11);
2. Certification of Orderly Search; and
It is a document certifying that the search was
conducted in accordance with law.
3. Compliance/Return of Search Warrant with
Verification.
Application/Petition to Wire Tapping —
Crimes under Terrorism Law
Wiretapping is the surreptitious electronic monitoring
of telephone, telegraph, cellular, fax or Internet-based
communications.
Wiretapping is achieved either through the placement
of a monitoring device informally known as a bug on
the wire in question or through built-in mechanisms
in other communication technologies (techtaget.com,
2014).
It shall be unlawful for any person, not being
authorized by all the parties to any private
communication or spoken word, to tap any wire or
cable, or by using any other device or arrangement, to
secretly overhear, intercept, or record such
communication or spoken word by using a device
commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder, or
however otherwise described (Sec. 1, RA 42OO/Anti-
Wiretapping Act).
Nothing contained in this Act, however, shall render it
unlawful or punishable for any peace officer, who is
authorized by a written order of the Court, to execute
any of the acts declared to be unlawful in the two
preceding sections (wiretapping) in cases involving
the crimes of treason, espionage, provoking war and
disloyalty in case of war, piracy, mutiny in the high
seas, rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition, conspiracy to
commit sedition, inciting to sedition, kidnapping as
defined by the Revised Penal Code, and violations of
Commonwealth Act No. 616, punishing espionage and
other offenses against national security: Provided,
That such written order shall only be issued or granted
upon written application and the examination under
oath or affirmation of the applicant and the witnesses
he may produce and a showing:
1. that there are reasonable grounds to believe
that any of the crimes enumerated
hereinabove has been committed or is being
committed or is about to be committed:
Provided, however, That in cases involving the
offenses of rebellion, conspiracy and proposal
to commit rebellion, inciting to rebellion,
sedition, conspiracy to commit sedition, and
inciting to sedition, such authority shall be
granted only upon prior proof that a rebellion
or acts of sedition, as the case may be, have
actually been or are being committed;
2. that there are reasonable grounds to believe
that evidence will be obtained essential to the
conviction of any person for, or to the solution
of, or to the prevention of, any of such crimes;
and
3. that there are no other means readily
available for obtaining such evidence.
Affidavit of Desistance – Any Crime/s
An Affidavit of Desistance is a written statement
under oath by the complainant saying that he/she is
no longer interested in pursuing a complaint or
criminal case against another person (legaltree.ph,
2019).
The Affidavit of Desistance is filed before the office or
court where the complaint is pending or being
investigated.
However, merely filing the Affidavit of Desistance
does not automatically dismiss the complaint or
criminal case.
The decision to dismiss the complaint or criminal case
ultimately lies with the investigating officer or the
judge (legaltree.ph, 2019).
Reply Affidavit – Any Crime/s or
Administrative Case
An affidavit in reply or reply affidavit can be defined
as an affidavit served in court proceedings in which a
deponent responds to another party’s evidence where
that party’s evidence was itself in response to
evidence served by the party serving the reply affidavit
(affidavits.info, 2014).
The purpose of an affidavit in reply is simply to rebut
or answer matters raised for the first time in the
affidavits to which the replies are made.
Therefore, a plaintiff cannot “save” matters from its
initial affidavits (its “affidavits in chief”) and then put
those matters in affidavits in reply (affidavits.info,
2014).
This is known as impermissibly “splitting the case.”
Rather, the affidavits in reply should only rebut or
answer new matters raised by the defendants which
the plaintiffs have not already addressed.
In this way, each party gets a chance to raise new
matters once, and to reply to the other party’s new
matters once (affidavits.info, 2014).
Reply. – All new matters alleged in the answer are
deemed controverted. If the plaintiff wishes to
interpose any claims arising out of the new matters so
alleged, such claims shall be set forth in an amended
or supplemental complaint. However, the plaintiff
may file a reply only if the defending party attaches
an actionable document to his or her answer (Sec. 10,
Rule 6, 2019 Amendments to the Rules of Court).
A reply is a pleading, the office or function of which is
to deny, or allege facts in denial or avoidance of new
matters alleged in, or relating to, said actionable
document.
In the event of an actionable document attached to
the reply, the defendant may file a rejoinder if the
same is based solely on an actionable document (Sec.
10, Rule 6, 2019 Amendments to the Rules of Court).
Rejoinder Affidavit – Any Crime/s or
Administrative Case
Rejoinder Affidavit is the response by the petitioner to
the counter affidavit filed by the respondent.
Rejoinder affidavit may include response to the
response to the new facts raised through the affidavit
filed by the respondent (www.aaptaxlawcom, n.d.).
In the event of an actionable document attached to
the reply, the defendant may file a rejoinder if the
same is based solely on an actionable document (Sec.
I0, Rule 6, 2019 Amendments to the Rules of Court).
Action or defense based on document. – Whenever an
action or defense is based upon a written instrument
or document, the substance of such instrument or
document shall be set forth in the pleading, and the
original or a. copy thereof shall be attached to the
pleading as an exhibit, which shall be deemed to be a
part of the pleading (Sec. 7, Rule 8, 2019 Amendments
to the Rules of Court).
Counter Affidavit – Any Crime/s or
Administrative Case
Counter affidavit is an affidavit filed by the
respondent in reply to a petition
(www.aaptaxlaw.com, n.d.).
An affidavit made in opposition to one already made;
this is allowed in the preliminary examination of some
cases (legal-dictionary.thefreedictionary.com).
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
(ndvlaw.com, n.d.).
Affidavit of Denial for NBI Clearance
Affidavit of denial may be submitted to clear one’s
name when there are other records bearing the same
name with pending case or derogatory information.
Affidavit of Denial (of Identity who has a Pending
Case/Derogatory Record) (lvsbooks.com, 2021).
Affidavit of Undertaking
This affidavit is voluntarily executed in order to attest
to the truthfulness of the foregoing narration of facts
and undertaking under pam of administrative,
criminal and civil liabilities, and for whatever legal
purpose it may serve (psa.gov.ph, n.d.).
Affidavit of Loss
An affidavit of loss is a document declaring the loss of
a security usually through theft or destruction. The
affidavit contains all the details regarding the loss,
such as the owner’s name and any information
pertaining to the security. That information may
include a serial number or the security’s date of issue
(Kenton, 2022).
An affidavit of loss is a sworn statement made under
oath declaring the loss of an item or property, usually
with the expressed intention to request a replacement
of the lost item.
In the affidavit, the owner (or affiant states that the
item or property is lost beyond recovery and can no
longer be found despite his best efforts to locate it.
(Medilo, 2022).
The loss may be due to theft, neglect, misplacement,
destruction due to disasters such as flood or fire, and
other circumstances (Medilo, 2022).
Deposition of Witness
A deposition is a witness’s sworn out-of-court
testimony.
It is used to gather information as part of the
discovery process and, in limited circumstances, may
be used at trial.
The witness being deposed is called the “deponent”
(Wex Definitions Team, 2022).
Rule 23 & 24 of 2019 Amendments to the Rules of
Court
Memo for 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 (Sec. 1, Rule 112,
Rules of Court, as amended by Administrative Matter
No. 05-8-26-SC).
Except as provided in Section 6 of this Rule, a
preliminary investigation is required to be conducted
before the filing of a complaint or information for an
offense where the penalty prescribed by law is at least
four (4) years, two (2) months and one (1) day without
regard to the fine. (1 a) (Sec. 1, Rule 112, Rules of Court,
as amended b Administrative Matter No. 05-8-26-
SC).
Officers Authorized to Conduct Preliminary
Investigations
1. Provincial or City Prosecutors and their
assistants
2. National and Regional State Prosecutors
3. Other of officers as may be authorized by law
(Sec. 1, Rule 112, Rules of Court, as amended
by Administrative Matter No. 05-8-26-SC)
4. COMELEC, Ombudsman. And PCGG
(bigwas.com, 2014)
Motion for Reconsideration – Admin Case
A motion for reconsideration shall point out (a)
specifically the findings or conclusions of the
judgment or final order which are not supported by
the evidence or which are contrary to law making
express reference to the testimonial or documentary
evidence or to the provisions of law alleged to be
contrary to such findings or conclusions (Par. 3, Sec.
2, Rule 37, Rules of Court).
A Motion for Reconsideration is a motion that you file
when you want the judge to take a second look at a
decision that you feel was incorrect
(detommasolawgroup.corn, 2016).
Notice of Appeal – Admin Case
A court document tiled by the appellant, which places
the court and the other parties on notice of the
appellant’s intent to take an appeal from an order or
judgment. The appellant typically files a notice of
appeal with the trial court, not the appellate court
(uk.practical1aw.thomsonreuters.com, n.d.).
The notice of appeal shall indicate the parties to the
appeal, specify the judgment or final order or part
thereof appealed from, specify the court to which the
appeal is being taken, and state the material dates
showing the timeliness of the appeal (Sec. 5, Rule 41,
Rules of Court).
Commitment Order
A court order that says a person must be kept in
custody, usually in a jail or mental institution
(justia.com, 2021).
Mittimus
It is a warrant issued by a court bearing its seal and
the signature of the judge directing the jail or prison
authorities to receive the convicted offender for
service of sentence.
Commitment Order
It is a written order of a court or authority consigning
a person to jail or prison for detention.
Petition/Application for Compulsory
Confinement for Drug Dependent
Compulsory Confinement of a Drug Dependent Who
Refuses to Apply Under the Voluntary Submission
Program. — Notwithstanding any law, rule, and
regulation to the contrary, any person determined and
found to be dependent on dangerous drugs shall,
upon petition by the Board or any of its authorized
representative, be confined for treatment and
rehabilitation in any Center duly designated or
accredited for the purpose (Sec. 61, Art. VIII, R.A. No.
9165).
A petition for the confinement of a person alleged to
be dependent on dangerous drugs to a Center may be
filed by any person authorized by the Board with the
Regional Trial Court of the province or city where such
person is found (Sec. 61, Art. VIII, R.A. No. 9165).
Petition/Application for Voluntary
Confinement for Drug Dependent
Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation. — A drug
dependent or any person who violates Section 15 of
this Act may, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, apply to the Board
or its duly recognized representative, for treatment
and rehabilitation of the drug dependency (Sec. 54,
Art. VIII, R.A. No. 9165).