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TECHNICAL ENGLISH 1

(LEGAL FORMS)

Al-nashrin N. Mindug
TOP 5
CLE JUNE 2022
TECHNICAL WRITING
Is a type of writing where the author is writing about a
particular subject that requires direction, instruction or
explanation.
It is a professional communication and a specialized form
of exposition: that is, written communication done on the job,
especially in fields with specialized vocabularies, such as
science, engineering, technology, and health sciences.
CHARACTERISTICS OF TECHNICAL
WRITING
The characteristics of Technical writing are as follows:
1. SIMPLICITY AND CONCISENESS
Writing short and using short words or sentences to
make documents easier to read. It also utilizes active voice,
rather than passive and avoids the use of jargon.

2. ACCURACY
There is no room for ambiguity or errors in a technical
document
3. AUDIENCE FOCUSED
A document written for experts will be very different from one
written for the general public.

4. AN OBJECTIVE, FACT AND TASK BASED APPROACH


Technical writing is not emotive in style. It uses a very
objective, fact based approach, because it aims to convey
information.

5. CAREFUL CONSIDERATION OF DESIGN ISSUES


Technical writers often have to do more than simply write. They
also have to consider the design of their document to make it easier
to read. It includes the layout on the page and the use of headings,
subheadings, bullet points and numbered lists to break up the
document.
CRIMINAL JUSTICE SYSTEM
Is the system or process in the community by which
crimes are investigated, and the persons suspected thereof
are taken into custody, prosecuted in court and punished, if
found guilty, provisions being made for their correction and
rehabilitated.
LAW ENFORCEMENT
PROSECUTION
COURT
CORRECTIONS
COMMUNITY
WHAT IS TECHNICAL WRITING IN
CRIMINAL JUSTICE
Effective communication is vital in criminal justice. Law enforcement
officers do far more writing than many people think.
Criminal Justice report writing plays a central role in the field.
Police write arrest, crime, incident, and evidence reports, and they
compose social media posts, community outreach posters, and internal
memos.
Due to authoritative nature of police work, law enforcement
communications must use clear, concise, and articulate language.
These documents might appear in trials or be used to obtain
warrants, making accuracy and clarity absolutely essential.
Well-written reports provide a clear picture of an event and the
circumstances surrounding it as well as providing an excellent reference
source when testifying in court or creating intelligence briefs.
TYPES OF WRITTEN COMMUNICATION IN
CRIMINAL JUSTICE
1. NARRATIVES AND REPORTS
Police narrative construction is a formal story-telling
process necessary to focus investigative strategy and to
form the basis if a prosecution case file.
The narrative tells the story if the crime; what happened
and why it happened.
2. LEGAL PLEADINGS AND CITATIONS
Legal pleadings are formal pieces of writing submitted
to the court, such as motions for summary judgement and
complaints for damages.
The court may also evaluate formal legal citations, such
as tickets written by police officers.
These documents provide the court with information
it needs to make a decision about criminal defendants.
3. JUDICIAL ORDERS
A judicial order is a document written by a judge that
renders a decision about a case. It outlines the legal
rationale for the judge’s decision, and may also outline
the basic facts of the case.
4. STUDIES AND RESEACH
Studies on sentencing, the causes of criminal behavior,
proper police protocol and the demographics of those involved
in the criminal justice system are all common.
Most studies are highly formal and academic, and are
typically overseen by academics or by criminal justice experts
with years of experience in the field.
LEGAL FORMS
Legal forms are binding written documents that serve as
means for putting into effect legal proceedings, court orders and
notices.
These could be in the forms of Acknowledgement and
Jurat, Affidavits, Sales of Realty, Sales of Personal Property,
Mortgages, Powers of Attorney, Special Contracts and
Agreement, Gratuitous Contracts and dispositions,
Partnership and Corporation, and Complaints in criminal
cases. Official notices may be considered as legal forms as
Summons, Appearance notice, subpoena, Warrant of Arrest,
and Search Warrant.
IMPORTANCE OF LEGAL FORMS
• To avoid disagreement common to parties of a verbal agreement
• To have a clear guide and evidence of the terms that both parties
agreed upon
• The law requires that a contract be in some form in order that it
may be valid or enforceable, or that a contract be proved in a
certain way, that requirement is absolute and indispensable
• Judicial proceedings make use of forms as documentary
requirements and evidence for these proceedings, containing
therein legally binding information.
COVERAGE OF LEGAL FORMS
1. BUSINESS FORMS
- the forms 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
- the forms which pertains to different kinds of pleadings,
applications, petitions, affidavits, motions and the like.
WHAT IS CONTRACT?
Contract is a meeting of minds between two persons
whereby one binds himself, with respect to the other, to give
something or to render some service (New Civil Code, Article
1305).
The contracting parties establish such stipulations,
clauses, terms and conditions as they may deem convenient,
provided they are not contrary to law, morals, good customs,
public order, or public policy (New Civil Code, Article 1306)
3 ELEMENTS OF A VALID CONTRACT
According to the New Civil Code, there is no contract unless the
following requisites concur (New Civil Code, Article 1318).
1. CONSENT OF THE CONTRACTING PARTIES
Consent is manifested by the meeting of the offer and the
acceptance upon the thing and the cause which are to constitute the
contract.
The following cannot give consent to a contract (New Civil Code,
Article 1327)
-Unemancipated minors
- Insane or demented persons, and deaf-mutes who do not know
how to write.
2. OBJECT CERTAIN WHICH IS THE SUBJECT MATTER OF
THE CONTRACT
Object of a contract are the following (New Civil Code, Article
1347)
- All things which are not outside the commerce of men, including
future things
- All rights which are not intransmissible; and
- All services which are not contrary to law, morals, good customs,
public order or public policy.
3. CAUSE OF THE OBLIGATION WHICH IS ESTABLISHED
Cause of consideration is the essential reason which
moves the parties to enter the contract. This is the “why of the
contract” which dictates the nature of the contract.
WHAT IS NOTARIZATION?
Notarization or Notarial acts refer to any act that a
notary public is empowered to perform (Rules on Notarial
Practice of 2004)
Notary is a public official whose duty is to attest the
genuineness of any deed or writing in order to render them
available as evidence of the facts that contains.
POWER OF NOTARY PUBLIC
According to the Rule IV, section 1 of the Rules on Notarial
Practice of 2004, the power of notary public are the following:
1. A notary public is empowered to perform the following notarial acts:
• Acknowledgement
• Oath and affirmations
• Jurats
• Signature witnessing
• Copy certifications
• Any other act authorized by the Rules on Notarial Practice of 2004
2. A notary public is authorized to certify the affixing of a signature by
thumb or other mark on an instrument or document presented for
notarization if:
• The thumb mark or other mark is affixed in the presence of the notary
public and of 2 disinterested and unaffected witnesses to the instrument
or document
• Both witnesses sign their own names on addition to the thumb or other
mark
• The notary public writes below the thumb or other mark: “Thumb or other
mark affixed by (name of signatory by mark) in the presence of (names
and addresses of witnesses) and undersigned notary public
• The notary public notarizes the signature by thumb or other mark
through an acknowledgement, jurat, or signature witnessing.
3. A notary public is authorized to sign-on behalf of a person who
is physically unable to sign or make a mark on an instrument or
document if:
• The notary public is directed by the person unable to sign or
make a mark to sign on his behalf
• The signature of the notary public is affixed on the presence of
two disinterested and unaffected witnesses to the instrument or
document
• Both witnesses sign their own names
• The notary public writes below his signature: “Signature affixed
by notary in presence of (names and addresses of person and
two witnesses)
• The notary public notarizes his signature by acknowledgement
or jurat
PROBATIVE VALUE OF PUBLIC
DOCUMENTS
The effect of the notarization of a private document is to
convert the said document into a public one and render it
admissible in evidence in court without further proof of its
authenticity and due executions.
REFORMATION OF INSTRUMENTS
When there having been a meeting of the minds of the
parties to a contract, their true intention is not expressed in
the instrument, purporting to embody the agreement, by
reason of mistake, fraud, inequitable conduct or accident,
one of the parties may ask for the reformation of the
instrument to the end that such true intention may be
expressed.
REQUISITES OF REFORMATION
• There is a meeting of the minds of the parties to contract;
• The written instrument does not express the true agreement or
intention of the parties;
• The failure to express the true intention is due to a mistake, fraud,
inequitable conduct, or accident
• The facts upon which relief by way of reformation of the instrument
is sought are put in issue by the pleadings;
• There is clear and convincing evidence of the mistake, fraud,
inequitable conduct, or accident.
BUSINESS FORMS
Business forms are written forms 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.
CONVEYANCE
Is the transfer and assignment of any property right or
interest from one individual or entity (the conveyor) to another
(the conveyee)
This is usually accomplished through a written instrument –
most often a deed- that transfers title to, or creates a lien on
property.
A conveyance refers to a contract, meaning that the buyer,
as well as the seller is legally bound to fulfill their obligations.
Supposing either party doesn’t do so, the other party is capable
of suing the defaulting party in court to either claim damages or
enforce the contract.
DEED

Is a written instrument under seal containing a contract


or agreement which has been delivered by the parties to be
bound and accepted by the oblige or covenantee.
It is a legal document that grants its holder ownership of
a piece of real estate or other assets, such as an automobile.
CARDINAL RULES IN DRAFTING
CONTRACTS/DEED AS LEGAL
DOCUMENTS
RULE 1: The usual commencement of a contract should be:
“This Agreement” or “An Agreement” or “Articles of
Agreement”

RULE 2: The FULLNAMES of the parties, their capacity, civil


status, and their residences, should come next. The logical
order in which the parties are to be named in the document
must be observed.
RULE 3: The principal or operational clauses of the
document should be stated in separate, numbered
paragraphs

RULE 4: Verbosity should be avoided

RULE 5: Specific or technical terms, which have special


meanings in the document, should be especially defined

RULE 6: Names of parties should be repeated. The use of


PRONOUNS would give rise to AMBIGUITY
RULE 7: The document must be NEAT, FREE FROM
ERASURES, INTERLINEATIONS, OR SUSPICIOUNS OF
ALTERATIONS

RULE 8: A clause may be inserted at the end of an


agreement that”
“This contract shall extend and be binding upon the parties
thereto, their executors, administrators and assigns

RULE 9: The place and date of execution of the document


usually come LAST, and may be stated thus:
“Signed in the City of Manila, Philippines, this ____day of
____, 20___.”
WHAT IS A WILL?
A will is a legal document which is prepared with certain
formalities, and under which a person directs what will
happen to his/her property after his/her death.
This will is effective only upon the person’s death and it
can be modified or revoked by the person at any time during
his/her life.
DISTINCTION BETWEEN A DEED AND
A WILL
While wills and deeds are completely different
documents, both of them have the effect of transferring
ownership of property, and both can be used in disposing of
such property in the context of estate planning. A will
disposes of one’s estate upon death and a deed passes an
interest in land or other real property.
JURAT
Is that part of an affidavit in which the officer certifies
that the instrument was sworn to before him.
It is used in affidavits, certifications, verifications, or
whenever the person executing a document or instrument
makes a statement of facts or attests to the truth of an
occurrence of an event under oath.
A jurat should only be used in affidavits, sworn
statements, certifications, verifications and the like, but never
in Contracts.
ACKNOWLEDGEMENT
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.
An acknowledgement is to authenticate an agreement
between two or more persons, or where the document
contains a disposition of property.
INSTRUMENTS REQUIRED TO BE
ACKNOWLEDGED
The act of acknowledging instruments is statutory and only those
instruments that are required by law to be acknowledged shall be acknowledged.
An instrument can not be acknowledged by a person other than who
executed it.
The instruments that must be acknowledged are:
DEED
CONVEYANCES
MORTGAGES
LEASES
RELEASES
DISCHARGE AFFECTING LANDS
SWORN STATEMENTS
A sworn statement is a document that contains facts that
are relevant to a legal proceeding.
Sworn statements are similar to affidavits, however, unlike
affidavits, they are not required to be signed, witnessed, or
sealed by a notary public.
Instead, the person making the statement signs a
paragraph at the end of the document acknowledging that the
facts within the statement are true to his knowledge, and being
made under penalty of perjury.
In taking sworn statement, the police should comply
Sec.12, Art.3 of the 1987 Constitution by reminding the
accused of his constitutional rights.
ARTICLE III
Bill of Rights
SECTION 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and
to have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided
with one. These rights cannot be waived except in writing and in the
presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention
places, solitary, incommunicado, or other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture
or similar practices, and their families
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.
The document needs to be authorized either by oath
commissioner or any Notary public so that the authenticity of
affiant’s signature can be proved.
Both the author and witness need to sign it, if the
affidavit is needed for conducting court proceedings therefore it
needs to be created in proper manner by any legal profession.
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.
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.
It will be used to prove the truthfulness of a certain
statement in court.
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 sates only what he/she feels
they cam state as true.
An affidavit is only valid when made voluntarily and
without coercion.
LEGAL RESPONSIBILITY OF MAKING OR
EXECUTING AFFIDAVITS
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 so say is true and correct under the penalty of
perjury. An affidavit carries the same penalty of perjury, only it is
used to attest to things outside of the courtroom.
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.
ARTICLE 183. FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
AFFIRMATION
ELEMENTS:
1. That an accused made a statement under oath or made an affidavit upon
a material matter;
2. That the statement or affidavit was made before a competent officer,
authorized to receive and administer oath;
3. That in that statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood; and
4. That the sworn statement or affidavit containing the falsity is required by
law.
Two (2) Ways Of Committing Perjury:
a. by falsely testifying under oath
b. by making a false statement
PARTS OF AN AFFIDAVIT
The parts of an affidavit are:
1. VENUE: The place where the affidavit was taken. This will show
whatever the official administering the oath of affirmation has
acted within this 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 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.
SCILICET/SUBSCIPSI (SS)
Is used to particularize a general statement. “SS”
literally means “more particularly”

Example:
Republic of the Philippines, SS, City of Pasig means:
In the Republic of the Philippines, more particularly in the
City of Pasig.
COMMON EXAMPLE OF AFFIDAVIT
AFFIDAVIT OF LOSS
Is a document declaring the loss of a security usually
through theft or destruction. The affiant contains all the
details regarding the loss, such as the owner’s name and any
information pertaining to the security.
AFFIDAVIT OF BIRTH
Is a legal document that can be used to verify the facts
surrounding an individual’s birth, including birth date,
location and the name of each parent.
It is a document that acts as a written solemn oath that
a birth occurred. It may be completed by a medical
professional who witnesses a birth in the event that a birth
certificate is lost.
Once notarized, this form may help someone prove
citizenship or even apply for a new birth certificate.
A parent may also complete an Affidavit of Birth for their
child.
AFFIDAVIT OF DEATH
Is a sworn legal document used to attest that a person
is dead.
Affidavit of Death forms can only be written and signed
by someone who has first-hand knowledge of the
person’s death and is typically accompanied by a certified
copy of a death certificate.
An Affidavit of Death is often created with a specific
purpose, such as informing insurance companies, banks,
business or any other organizations that a person has died.
AFFIDAVIT OF GOOD FAITH
Is an affidavit filed to show that good faith efforts have
been made to do something.
It is also part of the chattel mortgage contract wherein it
is stated that the chattel mortgage has been constituted to
secure a principal obligation and is not mean for fraud or any
ill purpose.
JUDICIAL AFFIDAVIT
Is written, out-of-court statement taken before a notary
public or any person authorized to administer an oath
(affidavit), is in a question and answer form (Sec.8, Rule 2,
AM No. 01-2-04 SC) and serves as witness’ direct
testimonies, subject to cross-examination in accordance with
existing rules on evidence.
CONTENTS OF JUDICIAL AFFIDAVIT
According to the Judicial Affidavit Rule (AM No. 12-8-8-SC)
Section 3. Contents of judicial Affidavit.A judicial affidavit shall be prepared in
the language known to the witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino, and shall contain the
following:
• The name, age, residence or business address, and occupation of the
witness;
• The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being
held;
• A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability
for false testimony or perjury;
• Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
(1) Show the circumstances under which the witness acquired
the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues
that the case presents; and
(3) Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court;
• The signature of the witness over his printed name; and
• A jurat with the signature of the notary public who administers the
oath or an officer who is authorized by law to administer the same.
Section 4. Sworn attestation of the lawyer.
(a) The judicial affidavit shall contain a sworn attestation at the
end, executed by the lawyer who conducted or supervised the
examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the questions
he asked and the corresponding answers that the witness
gave; and
2) Neither he nor any other person then present or assisting him
coached the witness regarding the latter's answers.
(b) A false attestation shall subject the lawyer mentioned to
disciplinary action, including disbarment.
AFFIDAVIT OF DESISTANCE
An affidavit of desistance is a written statement under oath
by the complainant stating that he/she is no longer interested
in pursuing the complain or criminal case against another
person.
It 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.
A complainant may wish to desist from the complaint or
criminal case for a variety of reasons, such as:
• He/she have already amicably settled with the other persons
• He/she is no longer willing to spend either time or effort in
prosecuting the other person;
• He/she realized that he/she filed a complaint or criminal case
against the wrong person
REPLY/ANSWER AFFIDAVIT
Reply Affidavit or Affidavit in reply 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.
The purpose of an affidavit in reply is simply to rebut or
answer matters raised for the first time on the affidavits to
which the replies are made.
COUNTER AFFIDAVIT
Is an affidavit filed by the respondent in reply to a
petition. It is an affidavit responding to and contradicting the
affidavit produced by an adversary.
It is an affidavit made in opposition to one already
made.
AFFIDAVIT OF UNDERTAKING
This affidavit is voluntarily executed in order to attest to
the truthfulness of the foregoing narration of facts and
undertaking under administrative, criminal, and civil liabilities
and for whatever legal purpose it may serve.
AFFIDAVIT OF DISINTERESTED
PERSONS
The affidavit contains the sworn statements of two
disinterested persons clarifying discrepancies in a person’s
name. The two persons who will sign the affidavit should:
• Be disinterested persons or have no interest in the subject-
matter of the affidavit
• Not be related to the person subject of the affidavit (e.g. not
a parent, child)d
• Have personal knowledge of the facts subject of the
affidavit.
OTHER AFFIDAVITES AND FORMS USED
BY LAW ENFORCEMENT AGENCIES
AFFIDAVITS OF ARRESTING OFFICER
ARREST is the taking of person into custody in order that he
may be bound to answer for the commission of an offense.

An AFFIDAVIT OF ARREST is generally filled out by the


arresting officer and states the facts and circumstances surrounding
an arrest.
The affidavit may state such facts as the information which led
to the arrest and the observations made before and after the arrest
occurred.
It is a statement given under oath and penalty of perjury. It may
also be referred to as an arrest report.
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.
Is a statement alleging that a person has committed an
offense in writing subscribed and sworn to before any prosecutor or
government official authorized to administer oath, or, in their
absence or unavailability, before a notary public
AFFIDAVIT OF WITNESS
A witness is a person with personal knowledge of a
situation or incident. In court cases, witnesses can help parties
prove elements of their cases through live testimony, deposition
testimony or affidavits.
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.
In most cases, the witness must sign the affidavit before a
notary or officer of the court.
APPLICATION FOR SEARCH WARRANT

A search warrant is an order in writing issued in the


name of the People of the Philippines, signed by the judge
and directed to a peace officer, commanding him to search
for personal property described therein and bring it before
the court.
All application for search warrant shall be approved for filing
by the Chief of Office. The application shall indicate the
following data (Revised PNP Operational Procedure, 2021):
• Office applying for the Search warrant
• Name of officer-applicant
• Name of the subject, if known
• Exact address/places to be searched
• Specific statement of things/articles to be seized;
• Sketch and/or Picture, if available, of the place to be
searched
WARRANT OF ARREST

It is issued by the court to use in arresting suspect/s.


Arrest is the taking of person into custody in order that he
may bound to answer for the commission of an offense. It is
made by an actual restraint of a person to be arrested. Or by
his submission to the custody of the person making an arrest.
The person of office that cannot that cannot execute warrant :
✓ Clerk of court
✓ Public Prosecutor
✓ Mayor
INQUEST
It is an informal and summary investigation conducted
by the Prosecutor in criminal case issued by the court for the
purpose of determining whether or not he should remain
under custody and be charge in court.
DURING INQUEST PROCEEDINGS
THIS REPORT/DOCUMENT SHALL BE
INCLUDED:
✓ AFFIDAVIT OF ARREST
✓ INVESTIGATION REPORT
✓ STATEMENT OF THE COMPLAINANT AND WITNESS
✓ OTHER SUPPORTIVE EVIDENCE GATHERED
OFFICIAL NOTICES
1. SUMMONS/APPEARANCE NOTICE

✓ An official notice telling a person that she/he has to appear in


court at a specific time and place to answer the criminal charge.
✓ If a person fails to go, a warrant of arrest may be issued.
2. SUBPOENA
✓ An order in the court that requires someone to testify as a
witness.
✓ It is a conditional threat of punishment if they will not
appear.

TYPES OF SUBPOENA :
1. Subpoena ad testificandum - Orders a person to testify in
the court.
2. Subpoena ducestecum - Orders a person to bring physical
evidence before the court.
DEPOSITION OF WITNESS
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.
DOCUMENTS AFTER THE EXECUTION
OF SEARCH WARRANT ISSUED
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 the occupant, the detailed receipt shall be
left in the place in which he/she found the seized property on the
presence of at least 2 witnesses of sufficient age and discretion
residing in the same locality.
The receipt shall likewise include items seized under the
Plain View Doctrine (Revised PNP Operational Procedure, 2021)
CERTIFICATION OF ORDERLY SEARCH

It is a document certifying that the search was conducted in


accordance with the law.
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.
APPLICATION/PETITION TO WIRE TAP

Wiretapping is the surreptitious electronic monitoring of


telephone, telegraph, cellular, fax or internet-based
communications.
It is achieved either through the placement of a monitoring
device informally known as a bug on the wire in question
or through built-in mechanism in other communication
technologies.
According to the RA 4200 or the anti wiretapping act
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 (Section
1)
Section 3 or RA 4200, states that it is NOT UNLAWFUL or punishable
for any peace officer, who is AUTHORIZED by a written order of the
court to perform wiretapping. 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:
• 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;
• 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;
• That there are no other means readily available for obtaining such
evidence.
The order granted or issued shall specify:
• The identity of the person or persons whose communications,
conversations, discussions, or spoken words are to be overheard,
intercepted, or recorded and, in the case of telegraphic or
telephonic communications, the telegraph line or the telephone
number involved and its location;
• The identity of the peace officer authorized to overhear, intercept,
or record the communications, conversations, discussions, or
spoken words;
• The offense or offenses committed or sought to be prevented
• The period of the authorization. The authorization shall be effective
for the period specified in the order which shall not exceed sixty
(60) days from the date of issuance of the order, unless extended
or renewed by the court upon being satisfied that such extension
or renewal is in the public interest.

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