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Prelim Module Legal Forms Sy 21 22

This document is a learner's guide for a course on technical English 2 focusing on legal forms. It introduces the course aims and encourages students to actively participate. It outlines 6 general learning outcomes including being able to differentiate between acknowledgment and jurat legal forms. It also provides examples of both forms. Finally, it discusses sworn statements and affidavits, outlining techniques for taking statements and the importance of properly documenting the statement-taking process.
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0% found this document useful (0 votes)
180 views6 pages

Prelim Module Legal Forms Sy 21 22

This document is a learner's guide for a course on technical English 2 focusing on legal forms. It introduces the course aims and encourages students to actively participate. It outlines 6 general learning outcomes including being able to differentiate between acknowledgment and jurat legal forms. It also provides examples of both forms. Finally, it discusses sworn statements and affidavits, outlining techniques for taking statements and the importance of properly documenting the statement-taking process.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DATA CENTER COLLEGE of the PHILIPPINES

College of Criminal Justice Education


Laoag City

TECHNICAL ENGLISH 2
Legal Forms

LEARNER’S GUIDE

PREPARED BY:

P/LT. COL. FREDDIE VILLADORES EVANGELISTA (RET.)


INSTRUCTOR-IN-CHARGE

Technical_English2_Legal_Forms_DCCP_CCJE_LAOAG CITY_mpl_mpe_fve_2021_2022 1
DATA CENTER COLLEGE of the PHILIPPINES
College of Criminal Justice Education
Laoag City

LEARNER’S GUIDE

TECHINCAL ENGLISH 2: LEGAL FORMS


I. TITLE: TECHNICAL ENGLISH 2: LEGAL FORMS
II. INTRODUCTION:
This course aims to train students in drafting various legal documents and deeds as well as familiarized
court bound pleadings. Method of teaching includes theoretical discussion, practical activities and
examinations. Students are encouraged to participate in class discussion and submit assigned requirements
on time.
III. GENERAL INSTRUCTION:
This module contains lessons about Legal Forms. Internalize the learning outcomes for you to have an idea
on our topics. In this time, you need to give an extra effort to your subject for learning development. Learn to
manage your time for school works and home study/learning area at your home for you to be focused. Set
yourself and mind to read and understand well the contents of our lesson. Make your own good strategy to
learn and improve your learning ability and to develop your higher order of thinking skills. Each topic in this
module will be supplemented via online learning. Kindly reserve a budget for your internet connectivity. I
strongly advised you to refrain from online leisure like mobile games and unnecessary online activity so that
your internet connectivity will be reserved for your scholarly activities.
Further, at the end of each topic there is an assessment test that you must do ONLY IN YOUR SUBJECT
TIME for me know that you have learned our lesson. Instructions are given and explained on how you are
going to answer and submit your test. Understand and answer it as directed.
IV. GENERAL LEARNING OUTCOMES :
At the end of the module, you are expected to:
1. relate the qualities of an investigator;
2. differentiate ACKNOWLEDGEMENT from JURAT;
3. apply the Cardinal Techniques in taking sworn statements;
4. write/draft an affidavit;
5. distinguish confession from admission; and
6. write/draft confession and admission from a suspect.

     CHAPTER I: AN INTRODUCTION
1. QUALITIES OF AN INVESTIGATOR
a. perseverance
b. sense of justice and fair play
c. endurance
d. the power to read between the lines
e. incorruptible
f. the intelligence and wisdom of Solomon
g. the knowledge of psychology and other natural sciences.

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DATA CENTER COLLEGE of the PHILIPPINES
College of Criminal Justice Education
Laoag City

h.
acting ability
i. MASTERY of the oral and WRITTEN COMMUNICATION
j. the keen power of observation and description
k. courage
l. WORKING KNOWLEDGE OF CRIMINAL LAW, EVIDENCE, CRIMINAL PROCEDURE & SPECIAL
LAWS
m. martial artist and FA proficient

CHAPTER II: ACKNOWLEDGEMENT and JURAT


a) SS. (or ss.) means “scilicet” from the Latin scire to mean “to wit, or namely”, and utilized here to
particularize the place of the execution of the instrument. The place, however, is not so much material as to
invalidate the instrument by its absence. It is material only to indicate the jurisdiction of the notary, which is
co-extensive with the province or city in which he is appointed.
b) The residence certificate to be exhibited shall be the one issued for the current year, except
during the month of January of each year, where which for the previous year shall suffice.
c) The residence certificate is required of everyone above 18 years of age provided he has been
employed regularly on a wag or salary basis for at least 30 consecutive days; or who is engaged in
business or occupation, or owns real property; or who is required by law to file an income tax return.

1. ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIAPLITY OF ) S.S

BEFORE ME, a Notary Public for and in Province/City of ____________, this ____ day of
______ 2021 personally came and appeared ________________ with Residence Certificate No. A-
__________ issued on ____________ at ___________________, and Tax Account No.
______________ known to me and to me known to be the same person who executed the
foregoing instrument which he acknowledged before me as his free and voluntary act and deed.
WITNESS MY HAND AND SEAL this ______ day of ________ 2021 at ___________________

Notary Public
My Commission Expires on 31 December 2025
PTR No. ___________
Issued on __________
At ________________

Doc. No. _________


Page No._________

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DATA CENTER COLLEGE of the PHILIPPINES
College of Criminal Justice Education
Laoag City

Book No. ________


Series of ________

2. JURAT

SUBSCRIBED AND SWORN to before me, this _______ day of _________ 2021, by
__________, who exhibited to me his Res. Cert. No. A ___________ issued at _____________
on ______________.

Notary Public
Until December 31, 2025
PTR No. ___________

Doc. No. _________


Page No._________
Book No. ________
Series of 20 ______

CHAPTER III: SWORN STATEMENT and AFFIDAVIT


1. AN INTRODUCTION:
 A written statement voluntary executed under by any person, a suspect or a witness.
 May be taken in a “question and answer format” or in a “narrative format” (affidavit).
 Only facts of direct personal knowledge of the affiants which are admissible in evidence.
 Everyone can give statement but not anyone can lay claim to know the technique and rudiments
of statement-taking.
 It is unavoidable necessity and inherent for the documentation of narrated facts.
 The investigator shall have a fixed universal importance and belong to a particular class of
persons upon whom peculiar duties and responsibilities are vested by the rules in consequence.
 The accepted dictum underscores the need for evaluation and reappraisal of the qualification
and quality of the men assigned in investigation.
 to the layman: statement-taking is self-explanatory.
 to the academe: it is and art and science.
 to the investigator: an omnibus searching questions and answers on issues respecting a matter
of fact.
 to the lawyer: it is a public document.
 ultimately, STATEMENT should be viewed in the highest pedestal of respect and not just a
piece of paper.

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DATA CENTER COLLEGE of the PHILIPPINES
College of Criminal Justice Education
Laoag City

2.
CARDINAL TECHNIQUES IN STATEMENT-TAKING:
The novelty of this technique in statement-taking is tailored to support the investigator on how
not to become an easy legal prey to unscrupulous counsel who has no qualms for truth and fair play.

While it transcends ethical norm, sometimes it was resorted to by counsel in vain/attempt to depend his
client.
 No verbal or written interrogation shall be made without knowing even the initial facts of the
case under investigation.
 No written interrogation shall be made without having a preliminary verbal interrogation of the
eyewitnesses or the offended party.
 The taking of statement should always be witnessed by a third party.
 Actual taking of written interrogation whether a suspect, an eye witness or victim should be
documented through a photograph or video;
 All written interrogation shall be chronologically numbered at the middle portion of the broken
line that divides the heading and the body of the statement, with the corresponding initials of the
investigators in every page thereafter.
 In no case shall the investigator correct, change or alter the colloquial expression or the regional
accent of the affiant in his answers to the questions.
 The affiant, whether an eye witness, suspect or victim, should be made to affix his right index
fingerprint adjacent to his/her signature in every page of the statement.
 Provide an intentional error at the beginning, middle and the last portion of the statement, for the
affiant to correct and to initial legibly.
 All statement should be subscribed before any authorized administering officer as provided for
by law.
 The investigator should establish and maintain a personal file of documents and records of each
case for future referrals.

3. TYPES OF WRITTEN STATEMENT:


a) QUESTION AND ANSWER TYPE (Format/Templates to be sent at the FB Group Page)
It is a preferable to the narrative. It is easier to develop or prove the essential elements of an
offense through questions and answers. However, Leading and Misleading Questions should be
avoided in the Q and A type.
(1) LEADING QUESTION – suggests to the witness or accused the answers which the investigator
desire.
(2) MISLEADING QUESTION – is one which assumes as true a fact not yet testified to by the
witness or suspect or contrary to that which he/she has previously stated whereby may be
induced to give an answer which appears to say more than he/she means.

Technical_English2_Legal_Forms_DCCP_CCJE_LAOAG CITY_mpl_mpe_fve_2021_2022 5
DATA CENTER COLLEGE of the PHILIPPINES
College of Criminal Justice Education
Laoag City

b)
NARRATIVE TYPE (AFFIDAVIT)

It is hard for the judge to believe that in a narrative type of confession/statement, the subject
voluntarily dictated all that is in the confession/statement. Affidavit is a form of sworn statement
made in narrative style. It is usually started with a “SCILICET”, which is usually abbreviated as
“S.S”.

CHAPTER IV: CONFESSION and ADMISSION (Format/Templates to be sent at the FB Group Page)
1) CONFESSION DISTINGUISHED FROM ADMISSION
a. CONFESSION defined – it is the direct acknowledgement of guilt arising from the commission of a
crime.
Also defined as an acknowledgment by a suspect that he/she has committed a crime. It includes an
acknowledgment of the commission of all the elements of the crime and the person’s involvement in the
commission.
b. ADMISSION defined – it is an acknowledgement of a fact or circumstance without accepting the guilt.
Also defined as an acknowledgment by the suspect of certain facts that tend to incriminate him/her with
respect to a particular crime, but which are not sufficiently complete to constitute a confession.
2) KINDS OF CONFESSIONS
a. EXTRA-JUDICIAL CONFESSION – those made by the suspect during custodial investigation.
b. JUDICIAL CONFESSION – those made by the accused in an open Court. The plea of guilt during
arraignment or any stage of the proceedings where the accused changes his plea of not guilty to
guilty.
iii. REFERENCES:
a. Sia, Norma Choinglo, 2005 Legal Forms )
b. Manahan, Demetrio V. The Art of Crime Investigation (Procedures and Documentation)

iv. ASSESSMENT and GUIDELINES:

a. Submission of DRAFTS on the discussed Legal Forms three (3) days after the lecture/discussion;
b. Final DRAFTS should be submitted a week after corrections.
c. Submitted DRAFTS will be graded accordingly based on PUNCTUALITY, FORMS and STYLE,
NEATNESS and EXCELLENCE.
d. Focal persons shall submit outputs at the designated drop boxes at DCCP-NB.

Technical_English2_Legal_Forms_DCCP_CCJE_LAOAG CITY_mpl_mpe_fve_2021_2022 6

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