Technical Writting

CDI-8

LEGAL FORMS RELATED TO LAW

ENFORCEMENT
 Contents
• SWORN STATEMENTS
• AFFIDAVIT
• INQUEST
• COMPLAINTS IN CRIMINAL CASE
 SWORN STATEMENT
• This is also termed as Sworn Declaration. It is a document containing facts related to
a legal proceeding. The person who makes the declaration affixes his or her signature
in a separate endorsement paragraph at the end of the document with a statement that
the declaration is made under oath.
• In taking the sworn statement, the police officer should comply with Section 12,
Article III of the 1987 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 or her. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
 AFFIDAVIT
• These are types of verified, formal sworn statement of fact signed by an
affiant or author, and witnessed by a notary public. An affidavit could be
used as evidence in court proceedings. An affidavit is composed of:
Commencement, this identifies the affiant, Individual Averments, these
are separate claims that are numbered as mandated by law; Statement of
Truth, this is a statement verifying that what is stated is true under oath;
Attestation, a clause certifying the oath and the date made by the affiant,
and Signature, this is both the signature of the affiant and the notary
public.
 2.1. Affidavit of Complaint

• An affidavit of complaint contains the following: The name of

the accused, the designation of the offense by the statue, the
acts or omissions complained of as constituting the offense, the
name of the general offended party, the approximate time of the
commission of the offense, and the place wherein the offense
was committed.
 2.2. Affidavit of Desistance
A complainant 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 he/she no longer interested in
testifying or prosecuting
This is only a ground for dismissing the case if only the
prosecution can no longer prove the guilt of the accused beyond
reasonable doubt without the testimony of the offended party.
 2.3. Affidavit of Arrest

• An affidavit of Arrest is a statement given under oath and

penalty under perjury 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. This is filled out
by the arresting officer
 2.4. Affidavit of Witness
• An affidavit of Witness is a legal and binding document of
written testimony of witness as a way for evidence to be
presented to the court. It is usually filled out by lawyer, and
then filed as part of the case. The affidavit has to be in
paragraph form, and each paragraph covers one specific topic.
The full name of the person making the statement has to be
included, as does the name of one who affirms the statement.
The kind of affidavit can also be used to record the testimony of
an expert witness in certain cases. The affidavit has to be
truthful and just give facts, not personal feelings or opinions
 Inquest Forms
• Inquest is an informal and summary investigation conducted by
a public prosecutor in criminal case involving persons arrested
and detained without the Deducted by a public prosecutor in
cria court for the purpose of determining whether or not the
said refit of a warrant of arrest, issued by the
• correspondingly be charged in court. The City or Provincial
Prosecutor shall designate the Prosecutors assigned to inquest
duties and shall furnish the Philippine National Police (PNP) a
list of their names and their schedule of assignment. If,
however, there is only one Prosecutor in the area, all inquest
cases shall be referred to him for appropriate action.
• The inquest proceedings shall be considered commenced upon
receipt by the Inquest Officer from the law enforcement
authorities of the complaint/referral documents which should
include:
• a. The affidavit of arrest;
• b. The investigation report;
• c. The statement of the complainant and witnesses; and
• d. Other supportive evidence gathered by the police in the
course of the latter's investigation of the criminal incident
involving the arrested or detained person.
 Complaint in Criminal Case
• 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 captions of cases. The
familiarization of all these will help him in his reports, and in
any court proceedings. These standard headings and captions
are used in the: Supreme Court, Court of Appeals, and
Municipal Courts. The sample forms of complaints included
are: Violation of Municipal Ordinance, Forcible Abduction,
Arson, Damage to Property through Reckless Imprudence,
Homicide, and Murder. Refer to the samples below.
SAMPLES
Thank you