SPECIALIZED COURSE FOR WOMEN

AND CHILDREN PROTECTION DESK

(WCPD) OFFICERS

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

HOW TO MAKE A
SWORN STATEMENT

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

LEARNING OBJECTIVES:

By the end of this session, the

participants should be able to:
 
 Distinguish a sworn statement from an affidavit

 Discuss the contents of SWORN STATEMENT

 Make a sworn statement of an affiant

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

AFFIDAVIT OR SWORN
STATEMENT
 Is a statement of facts pertaining to
 an incident;

 Executed by a person having personal knowledge of

the facts s/he is attesting to;
and

 Subscribed before a person with authority to

administer oath (e.g., fiscal, judge, notary public)

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

WHO PREPARES IT?

 Police,
 Lawyer,
 Paralegal / community legal
advocate, or
 Affiant.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

FORMS

 Q&A form
 Narrative form

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN
STATEMENT

1. SS or scilicet
2. Caption
3. Personal circumstances
4. Additional information about affiant
5. Facts of the case – before, during & after
the incident

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN
STATEMENT
6. Purpose for executing the affidavit
7. Name and signature of affiant
8. Jurat and certification

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN
STATEMENT
1. SS or scilicet – “specifically in this place”

Republika ng Pilipinas)
Lungsod ng Manila ) s.s.

Note: Place where document was prepared

and subscribed to.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

Parts of a Sworn Statement

2. Caption / Title

“Sinumpaang Salaysay”

“Sinumpaang Salaysay ni Melody Sta. Maria na

kusang loob na ibinigay kay SPO2 Evangeline R.
Villano, PNP, sa loob ng tanggapan ng
Child Protection Unit-Philippine General

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

Parts of a Sworn Statement

Hospital, Taft Avenue, Manila, ngayong ika-11

Hunyo taong 2010, 2:00 ng hapon, sa harap
ni Marissa Rosales, social worker.”

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN STATEMENT

3. Personal circumstances

“Ako, si Melody Sta. Maria, 13 taong gulang,

nakatira sa 123 Tan Go St., Tondo,
Manila, matapos na manumpa nang naayon sa
batas, ay tapat at kusang-loob na
nagsasabi ng mga sumusunod:”

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN STATEMENT

4. Additional information about affiant
 Name and work of parents
 Siblings

“ Ako po ay anak nina David at

Sarah Sta. Maria. Tricycle driver po ang
tatay ko. Nagtitinda po ng basahan ang

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN STATEMENT

nanay ko sa EDSA. Anim po kaming magkakapatid.
Ako po ang panganay.”

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN STATEMENT

5. Facts of the case
 In an affidavit, narration of before, during
and after the incidents
 In a sworn statement, answers the following
questions:
“Do you know why you are in
our office?”

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN STATEMENT

“Can you tell me what happened?”
“ Who? When? Where?, etc.”
Enumerate other evidence

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN STATEMENT

6. Purpose for executing the statement

 If affidavit – last item
 If sworn statement – at the beginning

7. Name and signature of the affiant

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN STATEMENT

8. Jurat and Certification

- If subscribed before a fiscal:

“Subscribed and sworn to before me this ___
day of July 2010 at Manila City.
I hereby certify that I personally examined
the affiant and affirm the truth that
she voluntarily executed the affidavit and
swore to the truthfulness thereof.”

Asst. City Prosecutor

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

PARTS OF A SWORN STATEMENT

- If before a notary public
“Subscribed and sworn to before me this ____
day of July 2010 after affiant exhibited to
me his/her Philippine Passport No. ______ issued
by __________ and will expire on _________.”

Notary Public

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
Language:
 Must be known to and understood by
affiant
 Verbatim: Do not supplant with your own
language
 Use sub-titles, if necessary

If affiant is a child, remember the

developmental stages.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
Information about Affiant
 Name: include alias/es
 Age: to establish minority
 Address: security issue?

Do not give out name and

location of temporary shelter.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
Identify the alleged perpetrator
 If known: name, age, address
 If unknown: alias, identifying marks and last
known address
 If a public officer or employee, state
position and power relationship to victim

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
 If related by blood or affinity to
affiant, state nature of relationship

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
State the date/s of the incident/s
 Prescriptive period
 If multiple counts, begin with the most
recent
 If affiant cannot remember exact date and
time, do not insist.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT

For children, ask them to recall incidents

that are meaningful to them (e.g.Christmas,
birthday, graduation, etc.) and work from there.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
State the place where incident/s happened
 Venue
 Only incidents within the territorial jurisdiction

In DV, mention in passing previous incidents.

In trafficking, establish the route from recruiting
to transporting, transferring,
harboring, and receiving.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
Arrange facts sequentially
 According to time and place
 One idea per number/section
 Sub-section, if necessary

Very young children cannot arrange facts sequentially.

So it is up to you how to
ask questions that would help the tell
their stories sequentially.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
Facts should only be related to the
offense complained of.
 Stick to the facts only
 Keep them clear and simple
 Do not discuss laws and jurisprudence
 Remember: Unnecessary information may
expose the affiant to retaliatory suits.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
Establish the elements of the crime
Example:
 Rape vs. statutory rape
 Child pornography vs. anti-voyeurism or
combination?

Do not exaggerate.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT

Are there other evidence?

 Object – soiled clothes, used condom, porno magazines,
sex toys

 Corroborative – identify eye-witness (current or past

incidents), witnesses to whom affiant disclosed,
witnesses to whom alleged perpetrator uttered prior
consistent statements

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT

 Documentary - letters, notes, receipts

 Electronic & Digital - SMS, MMS, comments on

social networks

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

TIPS IN PREPARING SWORN

STATEMENT
Other crucial information
 Was there an implied admission of guilt
by alleged perpetrator (e.g., offer of
marriage, monetary & other consideration in
kind)?

 Are there threats made by alleged perpetrator?

 Is there danger of flight by alleged

perpetrator?
WCPD SPECIALIZED COURSE
 Module 4: How to Make a Sworn Statement

KEY POINTS TO REMEMBER

 Keep it clear, simple, and not flowery;

 Is should not be hearsay; and

 Do not finalize unless the affiant has

read and reviewed it.

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

KEY LEARNING POINTS:

 Definition and description of a sworn statement
 Parts of a sworn statement
 Contents of a sworn statement:
 The sworn statement of a rape victim/survivor
 Tips in preparing sworn statement:

WCPD SPECIALIZED COURSE

 Module 4: How to Make a Sworn Statement

THANK YOU!

WCPD SPECIALIZED COURSE