CRI316 LEGAL FORMS

Prepared by: Carmina Beatriz D. Cirunay,

Legal Forms
  are prototypes of any documents or forms used
LEGAL in a legal transactions or judicial proceedings,
FORMS these contain important matters conveyed in
technical terminologies and presentend in a
suitable and systematic order in accordance with
the circusmtances of any case.
 Records – are those papers,
financial statement, books, bound
reports, magnetic tapes,
photographs, microforms,
manuals, arts and etc.
RECORD
 Also defined as any information being
kept by an organization for future
reference.
 This could be:

TEXT
DATA
IMAGE or
VOICE
 Writing is one of the most indispensable skills that a
learner should develop to be able to express his or her
ideas effectively.
 Writing is a skill that every student should master for
efficient expression of ideas.
 Similarly, this skills is needed in all types of professions
and jobs specially because COMMUNICATION is a vital
component of any endeavour.
 Proficiency in writing is required not only for civilians but
also for uniformed personnel such as Police Officers who
are considered the premier law enforcers in the country.
 They write reports during their day to day activity.
 It is imperative then that they master writing to come up
with an effective police report which is also considered
as the LIFE BLOOD OF POLICE WORK.
 Complete, factual, accurate and detailed reports can
speed up an investigation.
 While incomplete, opinionated, inaccurate, or misleading
reports can impede it or even get it dismissed in court on
the basis of technicality.
 That is why it is very important to LEARN AND
PRACTICED HOW TO WRITE A REPORT.
NATURE OF REPORT WRITING

A REPORT IS AN OBJECTIVE STATEMENT OF

THE FINDINGS OF THE INVESTIGATOR;
NATURE OF REPORT WRITING

THIS AN OFFICIAL RECORD OF THE INFORMATION

THAT IS RELEVANT TO AN INVESTIGATION..
NATURE OF REPORT WRITING

therefore, a good report plays an important role in the

success of any investigator.
NATURE OF REPORT WRITING

there is a great demand for every report writer to

fully develop his writing skills so that the best
written outputs will be achieved
POINTS TO CONSIDER IN WRITING A REPORT

 USING THE BEST LANGUAGE

 AVOIDING ERRORS OF FORM

 AVOIDING ERRORS OF SUBSTANCE

THE REPORT MUST HAVE A BEST LANGUAGE AND INCLUDES
CHARACTERISTIC.

A. CONCISE
B. CLEAR
C. ORGANIZED
D. THOROUGH
E. ACCURATE
F. AND ADEQUATE
STRATEGIES IN WRITING GOOD REPORT
1. CHECK AND RE CHECK FIRST WHETHER NOTES ON
GATHERED FACTS ARE ALREADY COMPLETE AND
ORGANIZED
 2. IF NOTES ON GATHERED FACTS ARE INSUFFICIENT, GO
BACK INTO THE PROCESS OF GATHERING MORE FACTS
RELATED TO THE SITUATION.
 3. MAKE AN OUTLINE OF THE REPORT BASING FROM THE
COMPLETELY GATHERED FACTS.
 4. USE THE CHRONOLOGICAL ORDER OF WRITING IN
PRESENTING FACTS AND IDEAS IN THE WRITTER
REPORT.
 5. THE REPORT SHOULD BASICALLY ANSWER THE COMPLETE
5 W’S AND 1 H.
 6.PREPARE A REPORT THAT COULD EITHER BE SIMPLE,
BRIEF, COMPLEX, OR IN MEMORANDUM FORM,
DEPENDING ON ITS REQUIRED FORMAT.
QUALITIES OF GOOD REPORT
1. CLARITY
2. ACCURACY
3. COMPLETENESS
4. BREVITY
5. FAIRNESS
6. SPECIFICITY
7. FORM AND STYLE
CLARITY

 Refers to the clearness of thoughts , style or expression of

the writer.
Direct to the point.
EXAMPLE OF CLARITY

UNCLEAR:

the pump boat capsized because it was overloaded.

EXAMPLE OF CLARITY

CLEAR:

the pump boat capsized because it was overloaded.

rescuers confirmed that the pump boat can only hold five
people. witnesses said that there were ten people when it
capsized.
ACCURACY

• Is the conformity to facts and representation

of truth with precision and exactness.
• It is also a specific report
ACCURACY

• an accurate report is a true reflection and

representation of facts.
EXAMPLE OF ACCURACY

• INACCURATE:
THE CHILD WAS HIT BY A SPEEDING MOTORCYCLE.
 ACCURATE:

THE CHILD WAS HIT BY A BLUE HONDA WAVE

MOTORCYCLE, WHICH IS APPROXIMATELY TRAVELLING AN
ESTIMATED SPEED OF 50 KPH
BREVITY

 Omits materials or information that is useless and

irrelevant to the whole report.
 Avoid wordiness and redundancies.
EXAMPLE OF BREVITY

• WORDY:
THE VICTIM TELEPHONICALLY CONTACTED THE POLICE
STATION RIGHT AFTER THE INCIDENT HAPPENED.
CONCISE:
THE VICTIM CALLED THE POLICE STATION AFTER THE INCIDENT.
completeness
 This statement or report should be answerable by the 5W`s and IH
EXAMPLE OF COMPLETENESS
• INCOMPLETE:
THE MISSING BOY WAS FOUND.
COMPLETE:
THE 5 YEAR OLD BOY FROM LAPU-LAPU CITY WHO WAS MISSING
FOR SEVEN DAYS WAS FOUND WANDERING IN A.C CORTES AVENUE BY
A COUPLE FROM MANDAUE CITY.
FAIRNESS
 ALWAYS base the reports on facts, and if there are theories these
should be verified first and be consistent with facts.
EXAMPLE OF FAIRNESS
• BIASED:
IF A FIREMAN COULDN’T FIREPROOF HIS OWN HOME HOW
CAN HE SAVE ANOTHER MAN’S HOUSE?
UNBIASED:
IF A FIRE FIGHTER COULDN’T FIREPROOF HIS HOME, HOW CAN
HE SAVE ANOTHER PEOPLE’S HOUSES
SPECIFICITY
 A good writer must be precise and specific in writing his or her
report and should avoid ideas that could mislead the readers.
EXAMPLE OF SPECIFICITY

• UNSPECIFIC:
SHE DIED OF STAB WOUNDS.
SPECIFIC:
SHE DIED OF FIVE STAB WOUNDS IN HER CHEST,
AND ANOTHER FIVE STAB WOUNDS IN HER UPPER
RIGHT RIB CAGE.
FORM AND STYLE
 Form refers to the proper adherence to grammar and mechanics and a
good report should follow the style and arrangement of standard report
writing.
The importance and purposes of report
writing
Importance of report writing

 Reports may serve as records for planning, directing, organizing units,

and duties of police administrations.
 In the prosecution of criminal, reports are used as legal documents
 They could be reference and could be used by other agencies
Importance of report writing

 Lcoal media, which needs access to public documents can use

reports
 Reports serve as a reflection of the investigator or writers

personality
 Reports can be used as a basis for research
Purpose of report writing

 For accounting and justifying the police organizations activities

and programs
 For information regarding the police organizations progress,

future needs, plans and decisions.

Purpose of report writing

 For administrative control

 For information regarding police, programs, resources,

procedures and all other matters and works in the police

organizations.
5W`s and I H

 The WHO, WHAT, WHERE, WHEN, WHY AND

HOW are the most important questions, that an
investigator must consider in writing his reports,
because these questions covers the essentials of
police report writing.
BASIC REQUIREMENTS OF POLICE REPORT
WRITING

WHO
WHAT

WHERE

WHEN

WHY

HOW
Police Reports

 In police reports, the ______, ____, and ___ generally

appear at the beginning of the paragraph.

 It is vital that the reader should know the persons

involved, in the incident, the specific time and date
which it happened, and the place and the location
where it happened.
WHO, WHEN AND WHERE
 In police reports, the WHO, WHEN AND WHERE generally
appear at the beginning of the paragraph.
 It is vital that the reader should know the persons involved, in

the incident, the specific time and date which it happened, and
the place and the location where it happened.
WHAT AND HOW
 The WHAT AND HOW generally answers all the questions
throughout the whole report.
 Depending on the situation of the report, the WHY may appear

either before or after the what.

WHO?

 WHO IS THE CULPRIT?

 WHO ARE THE VICTIM?

 WHO IS AGGRAVATED PARTY?

 WHO IS THE LEADER OF THE SUSPECTED GROUP?

WHO?

 WHO ARE THE SUSPECT?

 WHO ARE THE WITNESSES?

 WHO ARE THE COMPLAINANT?

 WHO DISCOVERED THE CRIME?

WHO?

 WHO ARE THE ACCOMPLICE IF THE CRIME?

 WHO WORKED ON THE CASE?

 WHO RESPONDED ON THE ALARM?

WHO?

 WHO SEARCHED AND GATHERED THE EVIDENCE?

 WHO REPORTED THE CRIME?

 WHO CORDONED THE AREA ?

WHO?

 WHO CONTROLLED THE CROWD?

 WHO IS THE PROSECUTOR?

 WHO IS THE LEGAL COUNSEL?

WHO?
 WHO INVESTIGATE THE CRIME?
 WHO HAS A CONTACT NUMBER OF THE VICTIM?

 WHO KNOWS WHERE THE SUSPECT LIVES?

 WHO IS BEING ATTACKED?

WHAT?

 WHAT LAW IS VIOLATED?

 WHAT DID THE SUSPECT DO TO THE VICTIMS?

 WHAT WAS THE REACTION OF THE VICTIM’S

FAMILY?
WHAT?

• WHAT WAS THE MOTIVE OF THE CRIME?

• WHAT DID THE POLICE DO WITH THE VICTIM?
• WHATA WAS THE RESPONSE OF THE VICTIM?
• WHAT TYPE OF PROPERTY WAS ATTACK?
WHAT?

 WHAT WAS STOLEN, LOST, OR FOUND?

 WHAT WAS COMMITTED?

 WHAT EVIDENCES ARE RECOVERED FROM

THE CRIME SCENE?
WHAT?

 WHAT ARE THE ELEMENTS OF THE CRIME?

 WHAT KINDS OF WEAPON WERE USED IN THE

CRIME?
WHAT?

 WHAT DID THE POLICE OFFICER DO AFTER BEING

NOTIFIED ABOUT THE CRIME?
 WHAT AGENCIES ARE NOTIFIED ABOUT THE CRIME?

 WHAT EVIDENCES ARE PRESENTED IN COURT?

WHAT?
 WHAT IS THE VERDICT OF THE CASE?
 WHAT MADE THE SUSPECT CONFESS?

 WHAT TYPE OF VEHICLE WAS USED BY THE CULPRIT?

WHERE?

 WHERE WAS THE CRIME COMMITTED?

 WHERE DID THE CRIME TAKE PLACE?

 WHERE WAS THE VICTIM FOUND?

 WHERE?

• WHERE WAS THE SUSPECT DURING THE CRIME?

• WHERE IS THE SUSPECT NOW?
• WHERE ARE THE ENTRY AND THE EXIT POINTS OF
THE CRIME SCENE?
WHERE?

 WHERE CAN THE WITNESSES BE FOUND?

 WHERE IS THE LOCATION OF THE

EXPLOSIVES?
 WHERE IS THE POLICE STATION?
WHERE?

• WHERE IS THE INVESTIGATOR NOW?

• WHERE WAS THE BODY FOUND?
• WHERE DID THE MARKED MONEY GO?
• WHERE DID YOU SEE THE SUBJECT?
WHEN?

 WHEN WAS THE EXACT TIME THAT THE CRIME WAS

COMMITTED?
 WHEN DID THE CRIME HAPPEN?

 WHEN WAS THE BODY OF THE VICTIM RECOVERED?

WHEN?
 WHEN WAS THE SUSPECT ARRESTED?
 WHEN DID THE SUSPECT ARRIVE?

 WHEN DID THE SUSPECT SURRENDER TO THE AUTHORITIES?

 WHEN THEY ARE GOING TO INVESTIGATE?

WHEN?

 WHEN WILL THEY FILE A COMPLAINT?

 WHEN WILL BE THE HEARING?

 WHEN WILL BE THE DEADLINE OF THE INVESTIGATION?

WHEN?
• WHEN ARE YOU GOING TO SUBMIT YOUR INVESTIGATION
REPORT?
• WHEN WILL THE SUSPECT BE PROSECUTED?
• WHEN ARE WE GOING TO DISCUSS ABOUT YOUR
TESTIMONY?
• WHEN ARE YOU GOING TO APPEAR IN COURT?
WHY?

 WHY DID THE SUSPECT COMMIT THE CRIME?

 WHY DID THE WITNESSES REPORT THE CRIME?

 WHY ARE THE WITNESSES AFRAID TO DIVULGE INFORMATION

ABOUT THE SUSPECT?

WHY?
• WHY IS THE SUSPECT LYING?
• WHY DID THE SUSPECT COMMIT THE CRIME AT SUCH
PARTICULAR TIME, DATE, AND PLACE?
• WHY DID THE SUSPECT ATTACK THE VICTIM?
• WHY IS THE CRIME COMMITTED?
WHY?

 WHY ARE THERE NO WITNESSES TO THE CRIME?

 WHY DID THE SUSPECT HIDE FROM AUTHORITIES?

 WHY DID THE SUSPECT SURRENDER TO THE

AUTHORITIES?
WHY?

• WHY DID THE SUSPECT CONCEAL THE EVIDENCES?

• WHY DID YOU NOT REPORT TO THE CRIME SCENE?
• WHY ARE THESE CRIME HAPPENING?
• WHY ARE YOU GOING TO PURSUE THE CASE?
• WHY ARE YOU GOING TO FILE A COMPLAINT?
HOW?

 HOW WAS THE OFFENSE OR CRIME IS COMMITTED?

 HOW DID THE POLICEMEN RESPOND?
HOW?

 HOW DID THE SUSPECT REACT TO THE AUTHORITIES?

 HOW ARE YOU GOING TO ANSWER THE
ACCUSATIONS?
HOW?

 HOW DID THE INVESTIGATOR HANDLE THE CASE?

 HOW DID THEY DISCOVER THE EVIDENCE?

 HOW WAS IT REPORTED?

HOW?

• HOW ARE YOU GOING TO EXPLAIN EVERYTHING TO THE

POLICE?
• HOW DID THE LAW ENFORCERS ARREST THE CRIMINAL?
• HOW MUCH WAS THE DAMAGE OF THE PROPERTY?
• HOW MUCH MONEY WAS STOLEN?
HOW?

 HOW WAS ENTRY GAINED IN THE PROPERTY?

 HOW MANY PEOPLE WAS INVOLVE IN THE COMMISSION OF
THE CRIME?
 HOW ARE YOU GOING TO GIVE YOUR ALIBI?

 HOW WILL YOU PLEAD, GUILTY OR NOT GUILTY?

Police Blotter
Police Blotter
 The National Headquarters, Philippine National Police
issued Circular no. 05 on December 10, 1992 entitled the
Prescribing Uniform Police Blotter for the Philippine
National Police.
 In which this circular mandated the different police

officers and units to follow the said form and usage of

POLICE BLOTTER.
Police Blotter
 Pnp manual defines police blotter as a logbook
that contains the daily registry of all crime incidents
reports, official summaries of arrest, and other
significant events reported in a police station.
 In reference to pnp circular no. 05, police blotter is
defined as a daily record of events within the
territories of a police unit; it contains daily material
concerning events for legal and statistical purposes.
 THE Contents of the POLICE BLOTTER entry should
answer the 5 W`s and IH, as well as the disposition
of the case.
 The police blotter is a hardbound book measuring
12inches by 16 inches. Printed in the front cover is the
b=name or designation of the police district or station,
the number or book number, the series number, and the
period covered.
What are the content of the blotter?
1. Who
2. What
3. Why
4. Where
5. When
6. How
7. Disposition of the case
Procedures in making a blotter
 1. all entries in the police blotter shall be
handwritten in a clear, concise, and simple manner
but must answer as far as practicable, 5 w’s and
1h.
 2. only facts, not opinion, are entered in the blotter.
 3. no erasures shall be made on entries.
 Correction are made by drawing a horizontal line

over such words or phrases and the actual entry

initiated by the police officer making the correction
4. a ball pen with blue, black,
or blue-black ink is used for making the
entries.
 5. misinterpretation of the blotter or any
attempt to suppress any information is
punishable criminally and administratively.
 6. All entries must be legibly written in longhand
and consecutively numbered.
 7. every page of the blotter shall be consecutively or
chronologically filled in.
 8. any development of a case reflected in the blotter should be
a new entry at a time and day it was reported. A reference to
the previous entry number of the case, however should be
made.
 9. during every shift, the duty sergeant, under the
supervision of the duty complain desk officer, shall make
the actual entries on the blotter and at the end of their
tour of duty, both the duty sergeant and duty complaint
desk officer shall sign the blotter.
Legal Forms
  are prototypes of any documents or forms used
LEGAL in a legal transactions or judicial proceedings,
FORMS these contain important matters conveyed in
technical terminologies and presentend in a
suitable and systematic order in accordance with
the circusmtances of any case.
LEGAL FORMS

 These are prototypes of any documents or forms

used in legal transactions, judicial proceedings.
Which contain important matters conveyed and
presented in a suitable and systematic order in
accordance with the circumstances of any case.
LEGAL FORMS

 These could be in the forms of acknowledgement

and jurat, affidavits, sales of realty, sales of
personal property, mortages, powers of atty.,
Special contracts and agreement, gratutious
contract and complaints in criminalc ases
LEGAL FORMS RELATED TO LAW
ENFOCEMENT
 Sworn statement
 Affidavits

 Complaints in criminal cases

 Inquest forms
 SWORN STATEMENT

 This is also termed as sworn declaration. It is a document

containing facts related to a legal proceedings.
 The person who makes the declaration affixes his

signature in a separate endorsement paragraph at the

end of the documents with a statement that the
declaration is made under oath
SWORN STATEMENT

 is a document that recites facts pertinent to a

legal proceeding. It is very similar to an affidavit,
but unlike an affidavit, it is not witnessed and
sealed by an official such as a notary public.
TAKE OATH

 Traditionally an oath is either a statement of fact or

a promise with wording relating to something
considered sacred as a sign of verity.
TAKE OATH

 To swear is a verb used to describe the taking of an

oath, to making a solemn vow.
 In taking the sworn statement, the police office
should comply with the Sec. 12 of Art. 3 of 1987
Phil. Constitution
 That any person under custodial investigation for
the commission of an offense shall have the right to
remain silent, and to have a competent and
independent counsel. He or she must be provided
with one.
 These rights cannot be waived except in writing
and in the presence of counsel. No torture, force or
violence, threat, intimidation or any means which
influences the free will shall be used against him.
AFFIDAVIT

 These are types of verified, formal sworn

statement of facts signed by an affiant or author,
and witness by a notary public.
AFFIDAVIT

 An affidavit could be used as evidence in court

proceedings.
AFFIDAVIT

 An affidavit is a written sworn statement of

fact voluntarily made by
an affiant or deponent under an oath or
affirmation administered by a person authorized
to do so by law.
AFFIANT
a person who swears to an affidavit.

DEPONENT

a person who makes a

deposition or affidavit under
oath.
Components of affidavit
 Commencement- this is being identified by the affiant
 Individual averments- these are separate claims that are
numbered as mandated by law
 Statement of truth- statement verifying that what is stated is
true under oath
 Attestation- a clause certifying the oath and the date made by

the affiant
 Signature- the signature of the affiant and notary republic
Example of affidavit
 Affidavit of complaint
 Affidavit of desistance
 Affidavit of denial
 Affidavit of arresting officer
 Affidavit of witness
Affidavit of Complaint

 Complaint define as a sworn written statement

charging a person with offense, subscribed by the
offended party, any peace officer, or other public
law officer charged with the enforcement of the
law violated.
Who may file a complaint?

 The offended party- this is the person against

whom or against whose property the crime
was committed.
Who may file a complaint?
 Any police officer- this includes any member of the
PNP
Who may file a complaint?
 Other Public officer- this includes person in the
government services.
Contains of affidavit
 Name of the accused
 Designation of the offense by statue
 The acts and omissions complained of as constituting the offense
 Name of the general offended party
 Approximate time of the commission of the offense
 Place wherein the offense was committed.
Affidavit of desistance
 A complaint executes an affidavit of desistance when he
no longer wishes to pursue a case against an accused or
defendant in a court case. The complainant states that
he/she didn’t really intend to institute the case and
she/he no longer interested in testifying or prosecuting.
Affidavit of arrest
 This states about facts and circumstances about the
arrest, the information which led to the arrest, and
the observation made before and after the arrest.
Affidavit of witness
 An affidavit of witness is a legal and binding
document of written testimony of a witness a way
for evidences to be presented to the court. It is
usually filled out by a lawyer, and then filed as
part of the case.
 Inquest form

 An inquest is an informal and summary investigation conducted by

the public prosecutor in a criminal case involving persons
ARRESTED AND DETAINED WITHOUT THE BENEFIT OF A
WARRANT OF ARREST issued by the court for the purpose
of
determining WHETHER SAID PERSONS SHOULD REMAIN U
NDER CUSTODY AND CORRESPONDINGLY CHARGED IN
COURT
It includes:
a. The affidavit of arrest
b. The investigation report
c. The statement of the complainant and witness
d. Other supportive evidence gathered by the police in the course
of the latters investigation of the criminal incident involving the
arrested or detained person.
• Acknowledgement and jurat certificates are
the two most common notarial acts, yet there is
confusion about the difference between these
forms for many signers.
GRATUITOUS CONTRACT

• It is a contract in which one party promises to do

something without receiving anything in
exchange. Therefore in such contracts only one
person is benefited. The other party receives no
profit or advantage or any advantage promised
as a consideration for it. Gift is an example of a
gratuitous contract.
Jurats

 A jurat is used when the signer is swearing to the

content of the document.
Jurats

 The notary must administer an oath or affirmation to

the signer in order to complete the jurat.
Jurats

 A jurat also requires that the signer signs in the presence of the
notary. It is possible to glean this information from the jurat certificate
its self.
Jurats

 The wording states “Subscribed and sworn to before

me…” – subscribed meaning “signed” and sworn
meaning that an oral oath or affirmation was
given. “Before me” means that both were done in the
presence of the notary public.
Acknowledgements

• An acknowledgement is used to verify the identity of

the signer and to confirm that they signed the
document. They are not swearing to the truthfulness or
validity of the document, they are simply
acknowledging that they signed the document.
MORTGAGES

 a legal agreement by which a bank or other creditor

lends money at interest in exchange for taking title of
the debtor's property, with the condition that the
conveyance of title becomes void upon the payment of
the debt.
Power of Attorney for Mortgages

 Power of attorney for mortgages refers to instances

in which power of attorney is delegated by someone
– referred to as the “agent” - to an individual -
referred to as the “attorney-in-fact” – to handle their
financial affairs concerning mortgages. In many
instances, power of attorney for mortgages is granted
due to illness.
Complaints in criminal cases
Complaints in criminal cases
 It is important that those who will be writing the police
report will be familiar with the forms of complaints in
criminal cases, its format, and the standard headings
and caption of cases. The familiarization of all these will
help him in his reports, and in any court proceedings.
Official notices
Forms of official notices
 Summon
 Appearance notice

 Subpoena

 Warrant of arrest

 Search warrant
Summons/appearance notice
Summons/appearance notice

 This are official notices telling a person that

he/she has to appear in court at a specific
time and place to answer to a criminal charge.
 It tells a person of the date he/she has to appear in
court , the location of the court, and types of offences
he/she is charge with like: summary conviction offenses
which are minor offenses like causing disturbance or
shoplifting, and the indictable offenses, which are more
serious.
Subpoena
Subpoena
 This is an order from the court that requires an individual to be
somewhere in person at a certain place, date, and time to
testify as a witness in a case.
 It is a conditional threat of punishment made by a governmental
authority if it is attached to a command, so that if the recipient
does not do as commanded then that person may be punished.
Types of subpoena
a. Subpoena ad testificandum
b. Subpoena ducestecum
Subpoena ad testificandum

 This order a person to testify before the

ordering authority or face punishment.
Subpoena ducestecum
 Which orders a person to bring physical
evidence before the ordering authority or
face punishment.
 If a person given a subpoena does not
appear, some courts have the discretion to
find the person in contempt of court and either
order the person`s arrest or issue fines
accordingly.
Warrant of arrest
Arrest
Arrest
 Taking a person into a police custody in order
that he may be bound to answer for the
commission of an offense.
Arrest
 An arrest 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.
Arrest
 No violence or unnecessary force shall be used
in making an arrest. The person arrested shall
not be subject to a greater restraint than is
necessary for his detention.
Arrest
 It shall be the duty of the officer executing the
warrant to arrest the accused and deliver him
to the nearest police station or jail without
unnecessary delay.
Arrest
 The head of the office to whom the warrant of
arrest was delivered for execution shall cause
the warrant to be executed in 10 days from its
receipt.
Arrest
 Within 10 days after the expiration of the
period, the officer to whom it was assigned for
execution shall make a report to judge who
issued the warrant. In case of his failure to
execute the warrant, shall state the reasons
thereof.
Who may execute an arrest?
• Police officer
• Private person
• Members of NBI
• Sheriff or deputy
• Provincial or city probation
• Commission of land transportation
Who may issue a warrant?

Only judge
Who cannot issue a warrant of arrest?
 Clerk of court
 Public prosecutor
 Mayor
Person exempted from arrest?
• Senator or congressman

• Heads of state

• Foreign sovereigns

• Ambassadors

• Public ministers
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 court
WHEN IS THE SEARCH OR SEIZURE UNREASONABLE?

A search and seizure is unreasonable i

f it is made without a warrant, or the
warrant was invalidly issued.
WHEN IS THE SEARCH OR SEIZURE UNREASONABLE?

A search and seizure is unreasonable i

f it is made without a warrant, or the
warrant was invalidly issued.
WHY ARE THE REQUIREMENTS FOR THE ISSU
E OF A SEARCH
WARRANT MORE STRINGENT THAN THE REQ
UIREMENTS FOR THE ISSUANCE OF A
WARRANT OF ARREST?
The right against unreasonable search and seizure
is a core right implicit in the natural right to life,
liberty and property. Even in the absence of a
constitution, individuals have a fundamental and
natural right against unreasonable search and s
eizure under natural law.
 Moreover, the violation of the right to privacy
produces a humiliating effect that cannot be
rectified anymore.
Where are we going to apply for search warrant?
Where are we going to apply for search warrant?
Where are we going to apply for search warrant?

•Any court within whose territorial jurisdiction a

crime was committed.
WHAT MAY BE THE SUBJECT OF A SEARCH
WARRANT?
WHAT MAY BE THE SUBJECT OF A SEARCH
WARRANT?

1. Subject of the offense;

2. Stolen or embezzled and other proceeds, or fruits
of the offense; or
3. Used or intended to be used as the means of
committing an offense.
IS IT NECESSARY THAT THE PERSON NAME
D IN THE SEARCH WARRANT BE THE OWNER
OF THE THINGS TO BE SEIZED?
IS IT NECESSARY THAT THE PERSON NAME
D IN THE SEARCH WARRANT BE THE OWNER
OF THE THINGS TO BE SEIZED?

> No, ownership is of no consequence.

> What is relevant is that the property is
connected to an offense.
CAN THE POLICE OFFICER SEIZE ANYTHING T
HAT IS NOT INCLUDED IN THE WARRANT?
CAN THE POLICE OFFICER SEIZE ANYTHING T
HAT IS NOT INCLUDED IN THE WARRANT?

> No, anything not included in the warrant cannot

be seized EXCEPT if its mala prohibita,
in which case, 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
POLICE OFFICERS WENT TO THE HOUSE TO E
XECUTE A SEARCH WARRANT. THEY FOUND A
PISTOL ON THE TABLE, BUT THE PISTOL
WASN’T INCLUDED IN THE SEARCH WARRANT
. CAN THEY SEIZE THE PISTOL?
POLICE OFFICERS WENT TO THE HOUSE TO E
XECUTE A SEARCH WARRANT. THEY FOUND A
PISTOL ON THE TABLE, BUT THE PISTOL
WASN’T INCLUDED IN THE SEARCH WARRANT
. CAN THEY SEIZE THE PISTOL?

No, it is not mala prohibita and they have no proof

that it is unlicensed.
WHAT SHOULD THE POLICE OFFICER
OR COURT TO DO THINGS SEIZED
ILLEGALLY?
WHAT SHOULD THE POLICE OFFICER
OR COURT TO DO THINGS SEIZED
ILLEGALLY?

Anything seized illegally must be returned to

the owner unless it is mala prohibita. In such
a case, it should be kept in custodia legis.
Right to break door or window to effect search.
– The officer, if refused admittance to the place of
directed search after
giving notice of his purpose and authority, may
break open any outer or inner door or window of a
house or any part of a house or anything therein to
execute the warrant to liberate himself or any
person lawfully aiding him when unlawfully detained
therein.
Search of house, room, or premises to be made in
presence of two witnesses. –

No search of a house, room, or any other

premises shall be made except in the presence
of the lawful occupant thereof or any member of
his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in
the same locality.
PEACE OFFICERS RAIDED A HOUSE, WHICH WAS SUSPECTED TO BE
A FACTORY FOR ILLEGAL DRUGS. DURING THE RAID, 8
CHINESEMEN WERE FOUND INSIDE WHO COULDN’T SPEAK
ENGLISH OR FILIPINO. THE CHINESE WERE LOCKED INSIDE A
ROOM AND TWO WITNESSES WHO WERE NOT OCCUPANTS
WERE
USED WHILE SEARCHING THE HOUSE AND SEIZING THE
PROHIBITED DRUGS. VALID?
> No.
> The two-witness rule can only apply when there is
absence of the lawful occupants of the premises searched.
> In this case, they locked the occupants in a room while
doing the
search and seizure and used 2 witnesses who weren’t t
he occupants of the premises.
Validity of search warrant. – A search warrant shall be
valid for ten (10) days from its date. Thereafter, it shall be
void.
CLASSES OF REPORTS

1. technical reports
2. problem determining report

3. problem solution report

4. fact-finding reports

5. performance reports
TECHNICAL REPORTS

 these are written reports

dealing with technical and
specialized subject.
PROBLEM DETERMINING REPORTS

• these are written reports

identifying the existence and
causes of certain problems.
PROBLEM SOLUTION REPORTS

 these are written reports

identifying the processes and
solutions of certain problems.
FACT- FINDING REPORTS

 these are written

reports on the method
of logical gathering
and presentation of
data.
PERFORMANCE REPORT

 these are written reports referring to information on

the status of an activity or operation with a unit or
organization
SPECIFIC TYPES OF POLICE REPORTS

1. spot report
2. special report

3. beat inspection report

4. situation report

5. wanted person report

 SPECIFIC TYPES OF POLICE REPORTS

6. miscellaneous incident report

7. arrest report
8. investigation report
9. traffic accident report
SPOT REPORT
• this is a verbal or written report done within
twenty-four hours after an important
incident.
SPOT REPORT
• This report is written to inform an immediate
chief or those in higher positions of a
particular occurrences in his command of
responsibility.
SPOT REPORT
• it has two forms
1. memorandum
2. radiographic message
SPECIAL REPORT
• this is written by a police unit or office based from
a directive or instruction from higher police office.
• this report should contain rationale and the
action.
SPECIAL REPORT
• RATIONALE specifications and details related to
the problem.
• ACTION the expected action or response the
receiver or reader will do after reading the
report.
BEAT INSPECTION REPORT/ AFTER PATROL

 This is one of the widely practiced written forms

of communication in a station.
BEAT INSPECTION REPORT/ AFTER PATROL

 this is a routine report because the duty beat

supervisor submits this report daily.
 beat is the territory and time that a police
officer patrols.
WANTED PERSON REPORT
• using the notice on wanted person, this report is about
those person who are wanted by the police.
information of wanted persons are flashed on local
and national television, as well as posted in conspicuous
areas as a notice to the public.
WANTED PERSON REPORT
• 1. Regional Office (Head)
• 2. NBI
• 3. Rogues Gallery
• 4. Department Section
ARREST REPORT
• Based on information received, this provides
probable cause for a warrant/ warrantless
arrest.
ARREST REPORT
• this is report that documents all the events in
arresting a suspect including personal
information, jail booking, information about
control and release of prisoners, and court
proceedings.
CRIME REPORT
 these are reports written after the conclusion
from the preliminary investigation that a
crime truly happened.
 HOMICIDE REPORT

 Depending on the time of the arrival of the police

officer, this report varies, as the police may be the
primary officer, or if the officer arrives when the
homicide is in progress.
 HOMICIDE REPORT

 Information included in this report are the records of the

notifications the officers made, the arrival of the persons
such as detective, crime lab, medical examiner.
 The report is the primarily the chronological record of
activity regarding the crime scene.
 Miscellaneous incident report
 Also known as MI Report
 This is used to document any incident, situation, or circumstances
that may or may not be designated by a particular titile.
 The purpose of the MI is simply to maintain the integrity of the
departments reporting systems.
CATEGORIES OF REPORTS

1. operational reports
2. internal business reports

3. summary reports
OPERATION REPORTS

 these are written reports about police incidents,

investigation, arrests, identification of person, and
other miscellaneous reports for routine operation
of police organization.
INTERNAL BUSINESS REPORTS

• these are written reports on financial, personnel,

purchase, equipment, property maintenance, and
general correspondence which are important in the
agency or organizations management.
 SUMMARY REPORTS

 these are reports that are furnished for the

necessity of the solution of crime accident, and
other police administrative related problems.
SITUATION REPORT

 also known as “sitrep”, this is similar to patrol

report which is submitted every eight hours
but on a need- only basis.
IMPORTANCE OF SITREP
 a structured message is easier to carry as a document
or to send over radio or the telephone.
 IMPORTANCE OF SITREP
 the sitrep can be copied to organization with different
responsibilities, to initiate action and ensure that action
is coordinated.
 sitrep from various parts of an affected area can be
used to detect variations in general need and so assist in
allocating resources most effective.
 sitreps form a record for the future of the actual situation
and the results of action to deal with steps in preparing
a sitrep.
 PARTS OF SITREP
 to:
 from:

 date and time of sitrep draft.

 area referred to in the sitrep.

 PARTS OF SITREP
 nature of the emergency
 law and order situation.

 medical situation

 feeding problems
welfare problems
road access

telephone and radio communication

public utility available

organizations active

local assessment of the general situation.

 TWO GENERAL TYPES OF REPORTS
1. basic or informal reports
2. investigative or formal reports
 BASIC OR INFORMAL REPORTS

 these are reports that are mostly related with

ordinary, miscellaneous incidents, usually in letter
or memorandum form.
 INVESTIGATIVE REPORTS

 these are reports that cover all the exact and

exhaustive narration of facts.
MISCELLANEOUS INCIDENT REPORT

 also known as “MI” report, this is used to document any

incident, situation, or circumstances that are not crimes,
or may not be designated by a particular title.
MISCELLANEOUS INCIDENT REPORT

 the purpose of this report is simply to maintain the

integrity of the departments reporting system.
TRAFFIC ACCIDENT REPORT
 TRAFFIC ACCIDENT REPORT

 this report is written by the officer who

investigates the accident.
 TRAFFIC ACCIDENT REPORT

 this type of report documents all the facts and

information about any vehicular accident
whether it is fatal or non fatal. this also examines
the nature of the damage of any property,
location of the accident and its causes.
 TRAFFIC ACCIDENT REPORT 5 copies

1. Court or prosecutors office

2. TMC
3. Investigator
4. Insurance copy for party involved 1
5. Insurance copy for party involved 2
INVESTIGATION REPORT
INVESTIGATION REPORT

 an investigation report is written to investigate a

particular case or crime.
 this is an internal form of communication that
requires the addressee, the officer-on-case, and
the chief of investigation section.
 OBJECTIVES OF INVESTIGATION REPORT

 RECORD- provides a permanent official record of the

pertinent information procured during the course of the
investigation.
 OBJECTIVES OF INVESTIGATION REPORT

 LEADS- provide other investigators the information relevant

to the case
 OBJECTIVES OF INVESTIGATION REPORT

 PROSECUTION ACTION- a statement of the facts on which

designated authorities may base a criminal, either for
corrective or disciplinary actions.
 OBJECTIVES OF INVESTIGATION REPORT

like any other reports, an IR is subject to scrutiny at all level

of command, therefore it must be grammatically correct. It
must use correct and appropriate abbreviations, and it
must be free from slang, and unnecessary technical terms.
Classification of investigation report

1. Initial or advance report

2. Progress or follow up report

3. The final report

Initial or advance report
• This is an advance information on a new or fresh
case assigned to an investigator; the data in this
report is not yet complete, but it is written and
immediately submitted after the preliminary
investigation of the case.
Points to remember in writing the initial/advance
report.
1. Paragraph no. 1 is the introductory paragraph of
an initial report.
2. The objective of the introductory paragraph is to
point out to the reader the statement of the
objective, and the subject of the report.
3. After presenting the introductory paragraph, the
report writer will proceed with paragraph no. 2
narrating the facts gathered in the course of the
ongoing investigation.
Progress report

1.This is a written narration of facts

developed by the investigator in the
course of the follow up investigation.
This is a report on a subsequent details

which are very vital to the case but have
not been incorporated in the initial
report.
This report should be submitted within three
days after the initial report has been
submitted, and consequently a monthly report
thereafter.
Points to remember in writing the progress
report

1. In the progress report, the statement of the

objective or the subject of the report is changed.
Points to remember in writing the progress
report

1. The opening statement of the introductory

paragraph is also changed from initial report to
progress report.
Points to remember in writing the progress
report

2. For administrative purposes, the case number is

not mentioned, an original number is assigned to
every new fresh cases throughout the investigation
until it is solved
Points to remember in writing the progress
report

3. The report progresses through the follow up

investigation done by the investigator.
Final report

A complete written narration of facts based

from a thorough investigation of the case.
Final report

This is a result of evaluation, summation, and

analysis of all facts and circumstances of the
case, and the complete accumulation and
collection of data.
Points to remember in writing the final report

1. The final report bears the mark CASE

SOLVED/CLOSED.
Points to remember in writing the final report

2. The heading has the same letterhead, case number,

date, nature of the crime. The introductory paragraph
presents the original fact of the case.
Points to remember in writing the final report

2. Final reports has 3 parts the heading, body and ending

Final report

 the heading has the same letterhead, case number, date,

nature of the crime.
The introductory paragraph presents the original facts of
the case.
 The body has the main contents of the report and
related facts about the crime and the final
sequence of events are unfolded here.
 The ending has the usual administrative data like the
signature of the report writer, the official endorsement of
the section, and the department.
Parts of an investigation report

1. Authority 5. Conclusion
2. Matters investigated 6. Recommendation
3. Facts cased
4. Discussion
Authority
 This is the part where the investigator cites
the authority for making the report, and he
states briefly the date, the place, and the
person by whom the investigation is made.
Matters Investigated
 This is the part where the investigator writes the
purpose of his report by generally stating what
the investigation is all about.
Matters Investigated
 Included in this part are the complaints, and the
allegations of committed crimes.
Facts of the case
 This part is the coherent presentation of all
the important facts supported by evidences
involving the whole investigation.
Discussion
 This is the part indicating all the factual information
related to the investigation.
Discussion
 The investigator discusses all the circumstances to give
the reader a clear picture of the whole investigation in
order to establish the conclusion and recommendation of
the report.
Conclusion
 This is the part indicating the summary of the result
Recommendation

 This is the last part of the IR which is consistent with

the conclusion. This is where the investigator writes
his judgement and the practical suggestions for
appropriate actions to be taken, for proper
disposition of the case, and for the
recommendation for the case to be closed.
Administrative issuance
Administrative issuance

 This are orders, instruction, or directives written

by a person in authority to his subordinates.
These provide objectives, programs, and
policies prescribing methods and procedures
that in turn to effect the organization.
Administrative issuance

 the National Headquarters, Philippine National

Police issued a letter directive no. 95-09-26
dated October 27, 1995 on the format use of
Memorandum and Police Radio message.
Most common administrative issuance

 Memorandun
 Memorandum circular

 Circular

 Office order

 Special order

 Standard operating procedure.

Memorandum
 Is an inter- office communication dealing with
official matters in the police organization, its
message is written in the fewest possible words.
 Memorandum is for application, requiring
compliance or dissemination of information for
the offices and members of the organization.
Parts of a Memorandum
 Heading
 Addressee
 Attention line
 Subject
 Date
 Body
 Complimentary Ending
Heading
• This contains the date, subject, thru channels,
and addressee.
LETTER HEAD
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
DAVAO CITY POLICE OFFICE
San Pedro Street, Davao City
Addressee

 The word “MEMORANDUM FOR” is used if

sends to a superior office
Addressee

 “MEMORANDUM TO” if send to a

subordinate.
MEMORANDUM

FOR : Regional Chief

PNP Regional Crime Laboratory Office 7
Camp Sotero Cabahug
Gorordo Ave., Cebu City
MEMORANDUM

TO : All Chief of Police/GD, 703rd MPG COY

Attention line
 This is mainly for faster dissemination, the
memorandum may be addressed to a specific
individual or head of a unit, or by the used of
an office symbol.
MEMORANDUM

TO : Chief of Police, San Pedro Police Station

(Attn: PO3 Henryo Lajo, PNP)
MEMORANDUM

TO : Chief of Police, San Pedro Police Station

(Attn: Crime and Investigation Department)
Subject
 This is written two spaces below the sender
and two spaces to the right colon. It should
contain no more than ten words.
TO :

FROM :

SUBJECT : EARTH HOUR PHILIPPINES 2009

DATE

This is the place below the subject

indicating when the memorandum is
written.
TO
FROM
SUBJECT :
DATE : March 25, 2009
Body

This is the message of the memorandum, it

is double space when the message is less
than nine lines.
Complimentary Ending
This is the originators name found 5 spaces

below the last paragraph of the body of
the message.
IGOROT TAMBALUSLOS
Police Deputy Director General
Memorandum circular
 Also termed as MC in government offices,
memorandum circulars have subjects that
explain or classify rules and regulation for
subordinates.
Memorandum circular
 in some cases, it is specifically directed to an
individual or groups of individuals in a specific
police unit that require a specific performance
or acton.
Circulars
 These are issuance coming from the Department of interior and
local Government to the pnp, these are administrative
instructions that are directive, advisory, and informative.
Circulars
 The signatory is the Department Secretary, and it mostly deals
with subject like: delegation of authority, and instruction or
regulations to be implemented.
Office Circular
 These are administrative instructions requiring
compliance from the personnel or office
dealing with subject like delegation of
authority, appointment or assignment of
personnel.
Office Orders
 These are administrative instruction that are
regulatory and mandatory. This order is mainly for
the regulation of administrative matters in the
National Headquarters, Regional, Provincial, and
District offices.
Special orders
These are directives signed by the Chief
Directorial Staff for the appointment,
transfer, promotion, reduction, relief from
duty, separation
Operational Plan (OPLAN)
 This is written for immediate planning
purposes or for specific action for an
existing condition.
Operational Plan (OPLAN)
 the Chief or head of the command is the
signatory and he directs to execute the
Oplan, this becomes an order when
executed specifying the time and
conditions of its effectivity
Standard Operating Procedure
Standard operating procedure or SOP is
about instruction to be followed on a
routinary basis concerning regular
procedures, the chief or the director
directs this