WEEK 2

Legal writing is important to the general public especially to you or dear future law enforcers
because legal forms binds people through contracts, pleading affidavits etc., the significance of a
document being notarized will mean that you are binding yourself to the public thus it will
become a public document which is necessary since you will all become public officers. So, let’s
begin.

HISTORY

● The office of notary public originated in ancient Rome and all other Christian
countries across Europe. They were appointed by kings, the Pope, or by the
highest ecclesiastical authority of the land.

● The main function of the notaries was to draw up legal documents which were
great for merchants and other persons who wanted to have their transaction
authenticated. Notaries were authorized to attest documents in order to be
admissible as evidence of the contents thereof or of the execution of the same in
courts or government offices.

What is an Affidavit?

● In a nutshell, an affidavit is a sworn statement that is documented in writing.

Affidavits are usually utilized in court proceedings or in negotiations, they can
also be used in civil and criminal cases.

● 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 is used to attest to things
outside of the courtroom.

● An affidavit must be notarized, signed in the presence of witnesses, and the

affiant must swear that the facts contained in it are true and correct. It is
 absolutely vital that individuals thoroughly read and understand all of the
information contained in the affidavit prior to signing it.

What are the legal implications of an affidavit?

Once the affidavit is witnessed and attested to by a notary public or other official,
it holds the force of law and binds the individual to the truthfulness of the
information that they have provided.

An affidavit is only valid when made voluntarily and without coercion.

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.

What is a notary?

- A notary is a public officer whose duty is to attest the legitimacy of any deed or
writing in order to render them available as evidence of the facts contained
therein.

- It is a person authorized to perform certain legal formalities, especially to draw

up or certify contracts, deeds, and other documents for use in other jurisdictions.

What are the purposes of notary?

1. To ensure the person signing a document is properly identified.

2. To ensure the intended person signs the document under their own free will.
3. To ensure the transaction can be independently verified after the fact.

What are the legal consequences of a false/untruthful fact in an affidavit?

Making any statement that is not true in an affidavit is technically a violation of the law
and you can be fined or even imprisoned for committing perjury (the crime of being
willfully untruthful under oath). Being truthful to the court is vital, whether communicating
via an affidavit or in person on the stand. Many affidavits assert that they are signed
under penalty of perjury, though this may not be a required statement.
Elements in writing an affidavit
The basic form for an affidavit has four parts:
1. A statement that the affiant is swearing under oath to the truthfulness of the
information contained in the affidavit
2. The information that is being sworn to
3. The signature of the affiant
4. The attestation of a notary public or other official authorized to administer oaths

Although affidavits are considered legal documents, anyone can draft one.
As long as it is signed, witnessed, and notarized correctly, the affidavit will be valid. This
means that you do not need to ask a lawyer to create an affidavit. It is important to note,
however, that certain types of affidavits will need to contain specific information in order
to fulfill their purpose and meet legal requirements. Nevertheless, the following basic
elements should be included in any type of affidavit.

How to Write An Affidavit

Start with a heading.
- The heading may be made of a case heading if the affidavit is for an open case,
or it may simply say “Affidavit of [your name]” if you do not have an open case.
● The first section should contain your name in a sentence that generally states
that you, the affiant, swear that the following account of events is true and correct
to the best of your knowledge. For example, “Before me comes [your name],
whose residence is, and hereby swears to the following facts under penalty of
perjury.” Depending on who drafts the affidavit, this sentence may vary in
wording.
● The following paragraphs usually each contain one fact. After each fact is
detailed, the affidavit usually contains the words, “Further Affiant Sayeth Naught.”
This means that the affiant has said all they have to say on the matter.
● Lastly, you will need to include the signature lines and notary section. Keep in
mind that by signing the affidavit, you are swearing that the facts in the document
are true and correct.
An affidavit is not written in typical paragraphs. Each paragraph should be numbered
and usually each contains only one fact. To ensure that the affidavit is easily
understood, follow these best practice tips:
● Keep legal language out of the affidavit as much as possible.
● Keep the affidavit as short as possible.
● Make sure your thoughts are organized and in the proper order if you are relating
your actions in an event.
● Do not use inflammatory language.
● Leave any drama out of it; just state the plain and simple facts.
● Proofread the affidavit for spelling and grammatical errors.

Essential parts of an affidavit

Acknowledgement – refers to an act in which an individual on a single occasion:
a. Appears in person before the notary public and presents an integrally complete
instrument or document;
b. Is attested to be personally known to the notary public or identified by the notary
public through competent evidence of identification as defined by the rules; and
c. Represents to the notary public that the signature on the instrument or documents
was voluntary affixed by him for the purpose stated in the instrument or document,
declares that he has executed the instrument or document as his free and voluntary act
and deed, and if he acts in a particular representative capacity, that he has the authority
to sign in that capacity.
Affirmation or Oath – refers to an act in which an individual on a single occasion:
a. Appears in person before the notary public;
b. Is personally known to the notary public or identified by the notary public through
competent evidence of identification as defined by the rules; and
c. Avows under penalty of law to the whole truth of the contents of the instrument or
document.

Jurat – refers to an act in which an individual on a single occasion:

a. Appears in person before the notary public and presents an instrument or document;
b. Is personally known to the notary public or identified by the notary public through
competent evidence of identification as defined by the rules;
c. Signs the instrument or document in the presence of the notary; and
d. Takes an oath or affirmation before the notary public as to such instrument or
document.

Distinction between a Jurat and Acknowledgment

A jurat is that part of an affidavit in which the officer certifies that the instrument was
sworn to before him. It is not part of the affidavit. A jurat should be used only in
affidavits, sworn statements , certification, verifications and the like but never in
contracts.
Acknowledgement is the formal declaration of a person who executed an instrument
that it is free and voluntary act and deed; that said person appeared before the notary
public at the place and on the date stated therein; that he exhibited his community tax
certificate and gave the number, date, and place of issuance of the same.

INSTRUMENTS THAT MUST BE ACKNOWLEDGED

● Deeds
● Conveyances
● Mortgages
● Leases
● Releases and discharges affecting lands
Acknowledgment is a personal act; it means that an instrument cannot be
acknowledged by a person other than the one who executed it.

What are the legal consequences of a false/untruthful fact in an affidavit?

- Fines and Imprisonment

How many parts does a basic affidavit have?
 - Four

Who can draft an affidavit?

- Anyone

What is an affidavit?

- A Legal Document used in Court Proceedings

What is the distinction between a jurat and an acknowledgment?

- A jurat certifies the sworn statement, while an acknowledgment declares

the voluntary act and deed
What is the purpose of notary?

To identify the person signing a document

To ensure the document is signed voluntarily

.
To provide independent verification of a transaction

What is the purpose of an affirmation or oath in an affidavit?

Case heading
Affiant's name
Date of signing

Can an affidavit be acknowledged by someone other than the person who

executed it?

- No, it must be acknowledged by the person who executed it

WEEK 3: AFFIDAVIT OF ARRESTING OFFICER

- 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.

What is an arrest affidavit?

A law enforcement professional fills up an arrest affidavit after a person is arrested.
When a police officer has to get an arrest warrant, this form is frequently completed. It is
used to present the facts of a case and demonstrate probable cause for arresting a
person in such a situation. It's possible that the affidavit will be brought to a court or
magistrate, who will then decide whether or not to issue an arrest warrant. In some
jurisdictions, this type of document can even be filled after an arrest has already taken
place. It might also be referred to as an arrest report in this case

The individual who drafted the arrest document must sign it. It is expected that law
enforcement officers will take great care in preparing them and providing accurate
information. A warrant request may be Refused if an official misses a key point or
misrepresents the facts.

● A statement delivered under oath is termed an arrest affidavit when it is used to

obtain an arrest warrant. Perjury sanctions may apply if the person who signs the
affidavit willfully conceals or lies about the truth. A law enforcement official must
usually present specifics of a case's facts and explain why he believes the
information he has provided are sufficient to arrest the person in question.

● An arrest warrant may be issued for a person who is suspected of committing a

crime or is in the midst of committing a crime, depending on the jurisdiction.

● After an officer has already made an arrest, an arrest affidavit can be used.
There may not be a need for an arrest warrant if a police officer sees a criminal in
the act of committing a crime. A warrant may also not be required if a person's
suspicious behavior leads authorities to assume he has committed a crime.
● After the arrest, the police officer may be compelled to sign an affidavit outlining
why he apprehended the person. This form of affidavit, like those used to obtain
a warrant, is considered an oath, and if it contains falsehoods, the preparer may
be charged with perjury.
Can an arrest affidavit be used as evidence in court?

- Yes, it is considered admissible evidence

What happens if an arrest affidavit contains false information?

- The officer may be charged with perjury or face disciplinary action

What is the purpose of an arrest affidavit?

- To demonstrate the legality of the arrest

What is the purpose of including seized evidence in an arrest affidavit?

- To demonstrate the legality of the arrest

What is the role of the magistrate or court in relation to an arrest affidavit?

- To review and approve the affidavit before an arrest warrant is issued

What is the significance of signing an arrest affidavit?

- It confirms the accuracy of the information provided

When is an arrest warrant required to be issued based on an arrest affidavit?

- The arresting officer

Who typically fills out an arrest affidavit?

- The arresting officer

WEEK 4: AFFIDAVIT OF COMPLAINT

TOPIC 1 – AFFIDAVIT OF COMPLAINT

A sworn statement submitted by someone who desires to file a legal complaint is known as a
complaint affidavit. When a victim files a formal complaint with the help of law enforcement,
such statements are filed. They can also be used in Criminal Proceedings when a victim files a
formal complaint with the help of law Enforcement. The Complaint affidavit serves as the case’s
foundation, describing the facts of the case and establishing the litigation’s purpose. This
document is part of the case’s court record and anyone looking at it can look at it if they want to.
People who have been a victim of a crime can file a complaint affidavit requesting a that law
enforcement investigate the incident and pursue it in court. During the investigation and building
of a case, as well as determining whether the case is solid enough to go to court, detectives, as
well as people like the prosecutor, look at this document. The sworn statement is normally
obtained as soon as possible after the crime, while the victim’s memories are still fresh and
before he or she has been affected by other people’s thoughts about the crime.
People can utilize a form created by a court or a law enforcement agency to prepare a complaint
affidavit, or they can compose a complaint from scratch, before signing the Document, it should
be thoroughly studied, and if any material is found to be erroneous, an amendment should be
filled to correct it.

WEEK 5: AFFIDAVIT OF WITNESS

Legal Writing when done methodically is much like constructing a building. You move in stages.
You gather all the material you need to sort them out, cut them to size, and join them together
according to the plan, before you end, you then give your building the finishing work it requires.
Almost always, legal writing stands on two legs: The facts and the law involve in the case and
pre-work always starts with getting the facts right.
FACTS OF A CASE
When you study the facts of a case, you should not leave them until you have come to a complete
understanding of what the case is all about from every angle. Deep concentration and absorption
is required for every good preparation of these documents
TOPIC 1: AFFIDAVIT OF WITNESS
A Sworn written declaration by a witness in a case is known as an affidavit. Essentially, it is a
document that lays out all the evidence that the witness intends to provide. A deponent is a
witness who swears an affidavit. After gathering all the relevant facts from the witness. An
attorney may write and produce an affidavit.
What is the meaning of “SS” or SILICET?
“SS” literally means “more practically.”
Means: Republic of the Philippines, more particularly in the City of Manila
What does Videlicet mean?
It means, The words used to particularized that which is merely general in the preceding
statement.

WEEK 6: SEARCH WARRANT

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.

Concept of Search Warrant

 It is a criminal process akin to the making of discovery.

 It is a special and peculiar remedy, which is drastic in nature.
Sect. 1 Search Warrant Defined – A Search warrant is an order in writing 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 (Rule 126, Revised
Rule of Court, Criminal Procedure)
Requisite of a valid Search Warrant
1. There must be probable cause facts and circumstance that would engender a well-founded
belief in a reasonable prudent and discreet man that a crime has been committed and the things
are objects to be seized can be found in the place to be searched.
2. Which must be determined by the judge personally through searching and probing
questions – questions not merely answerable by yes or no but could be answered by the
applicant and the witnesses on the facts personally known to them.
3. (Upon whom?) The Complainant and the witnesses he may prudence are personally examined
by the judge, in writing and under oath and affirmation.
4. (Based on What?) The Applicant and the witnesses testify on facts personally known to them.
5. The Probable cause must be in connection with the specific offense
6. The warrant specified describes the person and place to be searched and the things to be
seized.
7. The sworn statement together with the affidavits of the witnesses must be attached the
What may be the Subject of Seach Warrant?
1. Subject of the Offense
2. Stolen or embezzled and other proceed, fruits of the offense
3. Used or intended to be used as the means of committing an offense.
Search and Seizure are not prohibited under the constitution, In fact the constitution guarantees it
which is embodied in Article 3, Section.2 of the Constitution it is not a blanket prohibition
against all the searcher and seizures as it operates only against unreliable search or seizure is a
purely judicial question determinable from a consideration of the attendant circumstances.
What is the search or seizure unreasonable?
- A Search and Seizure is unreasonable, it is made without a warrant, or the warrant
was invalidly issued.
- In all instances, what constitutes reasonable or unreasonable search or seizure is a
purely judicial question determinable from a consideration of the attendant
circumstances.
Period of Validity of Search Warrant:
● It is valid for 10 Days, after which the police officer should make return to the judge who
issued it.
● If the police officer doesn’t make a return, the judge should summon him and required
him to explain why no return was made.
● IF the return was made, the judge should determine if the peace officer issued the Receipt
to the Occupant of the Premises from which the things were taken.
● The judge shall also order the delivery of the court the things seized.
What is the purpose for the particularity of the place to be searched for and seized?
- The evident purpose and intent of this requirement is to limit the thing to be
seized to those, and only those, particularly described in the search warrant- to
leave officers of the law with no discretion regarding what article they should
seized, to the end that unreasonable searches and seizures may not be committed,
that abuses may be committed.

Requisite of Judge’s Personal Examination Before issuing a search warrant?

● The Judge must examine the witness personally.
● The Examination must be under Oath.
● The Examination must be reduced into writing in the form of searching questionnaires
and answers.
What is a shotgun / scatter shot warrant?
● It is a warrant of arrest that is issued for more than one offense.
● It is void for the law requires that a warrant of arrest should only be issued in connection
with one specific offense.
Example:
Law Enforcers applied for a search warrant for Juan’s House, How ever they realized that the
contrabands were in Pedro’s House, Can They Search Pedro’s House?
Answer
- No what is controlling is what is stated in the warrant, and not what the peace
officers had in mind, even if they were the ones who gave the description to the
court. This is to prevent abuses in the service of search warrant.
Can police seize anything that is not included in the warrant?
 - No, anything not included in the warrant cannot be seized Except if its MALA
PROHIBITA, The seizure is justified under the plain view doctrine. Even if
the object was related to the crime, but it is not mentioned in the warrant nor is it
mala prohibita, it still cannot be seized.

Instances when search and seizure without Warrant is Permitted.

1. A warrantless search incident to a lawful arrest
A. Arrest must be lawful.
B. It must be contemporaneous with the Arrest in Both time and Place.
C. Within the Vicinity of the person arrested, immediate control, which is the evidence of the
offense or weapon.

2. Search of Evidence in Plain View

3. Search of a Moving Vehicle

A. Must be Cursory.
B. Can’t make a thorough search; just have to take a look; not to open trunks.

4. Consented Warrantless Searches

A. The Right Exist
B. Person making the consent knows that he has the right.
C. In spite of the Knowledge of the Right, He voluntarily and Intelligently give his consent.
5. Customs Searches
6. Stop and Frisk
7. Exigent and Emergency Circumstances
8. Checkpoints
9. Republic Act Requiring Inspections or Body Check in Airports
10. Emergency
11. In times of war and within Military Operations

What is the Plain View Doctrine?

1.There must have been a prior valid intrusion based on the warrantless arrest in which the police
are legally present in the pursuit of their official duties.
2. The Evidence was inadvertently discovered by the Police who had the right to be where they
are.
3. The Evidence must be Immediately Apparent
4. There was no need for further Search

What is the Exclusionary Rule?

- Things and objects seized in violation of the right against unreasonable searches
and seizure are FRUIT OF POISONUS TREE and thus Inadmissible as
Evidence.

WEEK 7: AFFIDAVIT OF DESISTANCE

COMPLAINT

What is a Criminal Complaint?

- A complaint is a sworn 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. (Rule 110, Rules of the Court)

A Criminal Complaint is a short statement of essential facts about an alleged crime, which, when
filed in Court, formally begins the Criminal Process. Facts about a crime are submitted to the
District Attorney’s Office by a Law Enforcement Agency.
The Complaint referred to in section 3 rule 110 should not be confused with the complaint filed
with prosecutor under section 3 (a) of rule 112. It refers to the complainant filed directly to the
MTC where preliminary investigation (PI) is not required Sec.1 (b) rule 110). And to be filed
directly in court by the offended party or peace officer where the accused was arrested without
warrant and an inquest prosecutor is unavailable. (Section 6 rule 112)

How are criminal actions instituted?

FOR OFFENSES WHERE PRELIMINARY INVESTIGATION IS REQUIRED
 - By filing a complaint with the proper officer for the purpose of preliminary
investigation.
FOR OFFENSES WHERE PRELIMINARY INVESTIGATION IS NOT REQUIRED
- By filing the complaint/information directly with the MTC/MCTC or by filing the
complaint with the office of the prosecutor
- In Manila and other Chartered cities, The Complain Shall be filed with office of
the prosecutor unless otherwise provided in their charters (Rule 110, Section 1
RoC)
WHAT IS THE EFFECT OF THE INSTITUTION OF CRIMINAL ACTIONS?
- It shall interrupt the running of the prescriptive period of the offense charged
unless otherwise provided in special law (Rule 110 Section 1). The Period of
Prescription shall commence to run from the day the Crime is discovered by the
offended party, The Authorities, or their agents, and shall be interrupted by the
filing of the complaint or information. (Art. 91, RPC).

WHEN IS THE COMPLAINT / INFORMATION SUFFICIENT?

Section 6. Sufficiency of complaint or information. — A complaint or information is sufficient

if it states the name of the accused; the designation of the offense given by the statute; the acts or
omissions complained of as constituting the offense; the name of the offended party; the
approximate date of the commission of the offense; and the place where the offense was
committed.

When an offense is committed by more than one person, all of them shall be included in the
complaint or information. (6a)

Section 7. Name of the accused. — The complaint or information must state the name and
surname of the accused or any appellation or nickname by which he has been or is known. If his
name cannot be ascertained, he must be described under a fictitious name with a statement that
his true name is unknown.

If the true name of the accused is thereafter disclosed by him or appears in some other manner to
the court, such true name shall be inserted in the complaint or information and record. (7a)

HOW SHALL BE THE COMPLAINT OR INFORMATION DESIGNATE THE

OFFENSE?

Section 8. Designation of the offense. — The complaint or information shall state the designation
of the offense given by the statute, over the acts or omissions constituting the offense, and
specify its qualifying and aggravating circumstances. If there is no designation of the offense,
reference shall be made to the section or subsection of the statute punishing it. (8a)
CAN A COMPLAINT OR INFORMATION CHARGE MORE THAN ONE OFFENSE?

NO, A Complaint or information must charge only one offense. Section 13 Rule 110). A
duplicitous or multiplicities complaint or information may be quashed upon motion.

WHAT IS THE EXCEPTION TO THE RULE?

- When the law prescribes a single punishment for various offenses (Section 13
110). Such offenses constitute a complex crime. Which must be alleged in the
complaint or information.

WHAT IS THE CAUSE OF THE ACCUSATION AND HOW MUST THE CAUSE OF
THE ACCUSATION BE ALLEGED IN THE COMPLAINT OR INFORMATION?

Section 9. Cause of the accusation. — The acts or omissions complained of as constituting the
offense and the qualifying and aggravating circumstances must be stated in ordinary and concise
language and not necessarily in the language used in the statute but in terms sufficient to enable a
person of common understanding to know what offense is being charged as well as its qualifying
and aggravating circumstances and for the court to pronounce judgment. (9a)

Section 10. Place of commission of the offense. — The complaint or information is sufficient if it
can be understood from its allegations that the offense was committed or some of the essential
ingredients occurred at some place within the jurisdiction of the court, unless the particular place
where it was committed constitutes an essential element of the offense or is necessary for its
identification. (10a)

Section 11. Date of commission of the offense. — It is not necessary to state in the complaint or
information the precise date the offense was committed except when it is a material ingredient of
the offense. The offense may be alleged to have been committed on a date as near as possible to
the actual date of its commission. (11a)

Section 12. Name of the offended party. — The complaint or information must state the name
and surname of the person against whom or against whose property the offense was committed,
or any appellation or nickname by which such person has been or is known. If there is no better
way of identifying him, he must be described under a fictitious name.

(a) In offenses against property, if the name of the offended party is unknown, the
property must be described with such particularity as to properly identify the offense
charged.

(b) If the true name of the of the person against whom or against whose properly the
offense was committed is thereafter disclosed or ascertained, the court must cause the
true name to be inserted in the complaint or information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any name
or designation by which it is known or by which it may be identified, without need of
averring that it is a juridical person or that it is organized in accordance with law. (12a)
WEEK 8: COUNTER AFFIDAVIT

What is Counter Affidavit?

An affidavit filed by the respondent in reply to a petition. Respondent files reply to the petition in
the form of an affidavit.
What is the purpose of counter affidavit?
Counter Affidavit is an affidavit responding to and contradicting the affidavit produced by an
adversary. It is an affidavit made in opposition to one already made. Such affidavits are allowed
in the preliminary examination of some cases.