CDI 8 – TECHNICAL ENGLISH 2: LEGAL FORMS

Legal - means conforming to or permitted by law or

established rules.
A.M. No. 02-8-13-SC 2004
Form - a prescribed order and set of words and "a printed or RULES ON NOTARIAL PRACTICE
typed document with blank spaces for insertion of required
or requested information”(Webster's New Collegiate These are the rules to be followed by the notaries public
Dictionary). in the Philippines.
Legal Forms - are documents or forms used in a legal
Purposes:
transaction or judicial proceedings, which contain important
These Rules shall be applied and construed to advance the
matters conveyed in technical terminologies and presented
in a suitable and systematic order in accordance with the following:
a. to promote, serve, and protect public interest;
circumstances of any case ( Bajado-Nano & Pioquinto, 2014).
b. to simplify, clarify, and modernize the rules governing
IMPORTANCE OF TECHNICAL ENGLISH 2 notaries public; and
(LEGAL FORMS): c. to foster ethical conduct among notaries public
d. prove that he has verified the personal appearance and
1. To be acquainted with the parts and contents of these the genuineness of the signatures of the signatories to
legally binding and enforceable documents. the document.
2. To be knowledgeable of what the law requires in order e. authenticates the document and verifies its due
that a document be valid, enforceable or admissible in execution making the document admissible in evidence.
court.
NOTARY PUBLIC OR NOTARY - It refers to any person
STUDY OF LEGAL FORMS INCLUDES:
commissioned to perform official acts under these Rules.
▪ BUSINESS FORMS - are used in conveyancing, or of the
forms of deeds, instruments or documents creating, QUALIFICATIONS:
transferring, modifying or limiting rights to real as well as A notarial commission may be issued by an Executive
personal properties, and other forms related to business Judge to any qualified person who submits a petition in
contracts or transactions (Suarez, Rolando. Legal Forms. accordance with these Rules.
2007).
To be eligible for commissioning as notary public, the
▪ JUDICIAL FORMS - refers to forms which pertain to different petitioner:
kinds of pleadings, applications, petitions, affidavits, motions, 1) must be a citizen of the Philippines;
and the like (ibid). 2) must be over twenty-one (21) years of age;
3) must be a resident in the Philippines for at least one (1)
DOCUMENT - It is a written instrument, an agreement, a year and maintains a regular place of work or business
deed, a map, an object, a photograph or anything which in the city or province where the commission is to be
proves a fact, an event, an incident, or transaction. issued;
4) must be a member of the Philippine Bar in good standing
KINDS OF DOCUMENT: with clearances from the Office of the Bar Confidant of
1. PRIVATE DOCUMENT the Supreme Court and the Integrated Bar of the
▪ is a written instrument, deed or agreement which is Philippines; and 5.) must not have been convicted in the
not notarized before a notary public or any other first instance of any crime involving moral turpitude.
person authorized to administer oath.
▪ it is binding as between the parties who executed the POWERS:
same, but not as to third parties. a. A notary public is empowered to perform the following
▪ need to prove the due execution of the said notarial acts:
document and the authenticity of the signatures of the 1. acknowledgments;
parties therein. 2. oaths and affirmations;
3. jurats;
2. PUBLIC DOCUMENT 4. signature witnessings;
▪ is a document executed and acknowledged before 5. copy certifications; and
the notary public or any person authorized 6. any other act authorized by these Rules.
▪ to administer oath.
▪ it is also referred to as “notarized document.” b. A notary public is authorized to certify the affixing of a
signature by thumb or other mark on an instrument or
document presented for notarization if:
 1. the thumb or other mark is affixed in the presence of DISQUALIFICATIONS:
the notary public and of two (2) disinterested and A notary public is disqualified from performing a notarial
unaffected witnesses to the instrument or document; act if he:
2. both witnesses sign their own names in addition to a. is a party to the instrument or document that is to be
the thumb or other mark; notarized;
3. the notary public writes below the thumb or other b. will receive, as a direct or indirect result, any
mark: "Thumb or Other Mark affixed by (name of commission, fee, advantage, right, title, interest, cash,
signatory by mark) in the presence of (names and property, or other consideration, except as provided by
addresses of witnesses) and undersigned notary these Rules and by law; or
public"; and c. is a spouse, common-law partner, ancestor, descendant,
4. the notary public notarizes the signature by thumb or or relative by affinity or consanguinity of the principal
other mark through an acknowledgment, jurat, or within the fourth civil degree.
signature witnessing.
REFUSAL TO NOTARIZE:
c. A notary public is authorized to sign on behalf of a person A notary public shall not perform any notarial act
who is physically unable to sign or make a mark on an described in these Rules for any person requesting such an
instrument or document if: act even if he tenders the appropriate fee specified by these
1. the notary public is directed by the person unable to Rules if:
sign or make a mark to sign on his behalf; a. the notary knows or has good reason to believe that the
2. the signature of the notary public is affixed in the notarial act or transaction is unlawful or immoral;
presence of two disinterested and unaffected b. the signatory shows a demeanor which engenders in the
witnesses to the instrument or document; mind of the notary public reasonable doubt as to the
3. both witnesses sign their own names; former's knowledge of the consequences of the
4. the notary public writes below his signature: transaction requiring a notarial act; and
"Signature affixed by notary in presence of (names c. in the notary's judgment, the signatory is not acting of his
and addresses of person and two [2] witnesses)"; and or her own free will.
5. the notary public notarizes his signature by
acknowledgment or jurat. VIOLATIONS:
A notary public who does not follow these rules, violates
PROHIBITIONS: not only his oath to obey the laws particularly the Rules on
a. A notary public shall not perform a notarial act Notarial Practice but also Canons 1 and 7 of the Code of
outside his regular place of work or business; Professional Responsibility which proscribes all lawyers from
provided, however, that on certain exceptional engaging in unlawful, dishonest, immoral, or deceitful
occasions or situations, a notarial act may be conduct and directs them to uphold the integrity and dignity
performed at the request of the parties in the of the legal profession, at all times. Thus, violation of these
following sites located within his territorial rules may lead to suspension, barred permanently from
jurisdiction: being commissioned as notary public or worst, disbarment.
1. public offices, convention halls, and similar
places where oaths of office may be EFFECT OF NOTARIZATION
administered; The notarization of a document carries considerable legal
2. public function areas in hotels and similar effect. Notarization of a private document converts such
places for the signing of instruments or document into a public one, and renders it admissible in court
documents requiring notarization; without further proof of its authenticity. (Tigno Vs. Aquino,
3. hospitals and other medical institutions where a G.R. No. 129416, November 25, 2004) Hence, it enjoys the
party to an instrument or document is confined presumption of regularity which can only be overcome by
for treatment; and clear and convincing evidence.
4. any place where a party to an instrument or
document requiring notarization is under EFFECT OF IRREGULARITY OF NOTARIZATION
detention. ▪ It is not fatal in the validity of the contract since the
absence of such formality would not necessarily
b. A person shall not perform a notarial act if the person invalidate the same but would merely render the written
involved as signatory to the instrument or document contract a private document rather than a public one.
1. is not in the notary's presence personally at the ▪ When there is a defect in the notarization of the
time of the notarization; and document, the clear and convincing evidentiary
2. is not personally known to the notary public or standard normally attached to a duly-notarized
otherwise identified by the notary public document is dispensed with, and the measure to test the
through competent evidence of identity as validity of such document of preponderance of
defined by these Rules. evidence.
 NOTARIAL REGISTER - Refers to a permanently bound ex officio. Any one of them who does so would be
book with numbered pages containing a chronological committing an unauthorized notarial act, which amounts to
record of notarial acts performed by a notary public. engaging in the unauthorized practice of law and abuse of
authority.
REQUIREMENTS WHEN GOING TO THE NOTARY
PUBLIC: SECTION 41 AS AMENDED
1. The original copy of the document.
2. One must have competent proof of identity. ▪ “SEC. 21. Officials authorized to administer oath.—The
following officers have general authority to administer
oaths, to wit:
▪ “President; Vice-President; Members and Secretaries of
SAFEGUARDS THAT THE PUBLIC MUST TAKE NOTE TO both Houses of the Congress; Members of the Judiciary;
AVOID ANY LEGAL CONCERNS RELATIVE TO THE Secretaries of Departments; provincial governors and
NOTARIZATION lieutenant-governors; city mayors; municipal mayors;
1. Make sure that the Notary Public has the authority to bureau directors; regional directors; clerks of courts;
notarize as well as within his/her notarial jurisdiction; registrars of deeds; and other civilian officers in the
2. Make sure that the items needed showing the Philippine public service whose appointments are vested in
completeness of the notarization is found in the the President of the Philippines and are subject to
document itself and the Notarial Certificate is entered in confirmation by the Commission of Appointments; all other
the Notarial Register; and constitutional officers; and notaries public. A person who by
3. Before leaving the Notary Public’s office, make sure to authority of law shall serve in the capacity of the officers
read the document itself. mentioned above shall possess the same power.”

WHO ARE AUTHORIZED TO PERFORM NOTARIAL SECTION 242, Article III, Chapter 11
ACTS?
Section 242 Officers acting as notaries public ex
1. NOTARY PUBLIC - refers to any member of the officio. — Except as otherwise specially provided, the
Philippine Bar in good standing who is issued a Notarial following officials, and none other, shall be deemed to be
Commission by the Executive Judge where the petition is notaries public ex officio, and as such they are authorized to
filed. Once commissioned as Notary Public, he may perform, within the limits of their territorial jurisdiction as
perform notarial acts in any place within the territorial herein below defined, all the duties appertaining to the office
jurisdiction of the commissioning court for a term of two of notary public:
years. (2004 Rules on Notarial Practice) a. The Chief of the Division of Archives, Patents,
Copyrights, and Trademarks; the Clerk of the.
2. NOTARY PUBLIC EX OFFICIO - is a government official Supreme Court, the Clerk of the Court of First Instance
who is clothed by law with general authority to administer of the Ninth Judicial District, the Chief of the General
oaths and to perform notarial acts within the limits of their Land Registration Office, and the Superintendent of the
territorial jurisdiction in relation to their official functions. Postal Savings Bank Division, Bureau of Posts — when
(Section 41 as amended by Section 2 of R. A. No. 6733 and acting within the limits of the City of Manila.
Section 242 of the Revised Administrative Code, in b. Clerks of Courts of First Instance outside of the City of
relation to Sections G, M and N, Chapter VIII of the Manual Manila, when acting within the judicial districts to
for Clerks of Court) which they respectively pertain.
c. Justices of the peace, within the limits of the territory
over which their jurisdiction as justices of the peace
Exec. Judge Astorga v. Solas 413 Phil. 558, 562 (2001) extends; but auxiliary justices of the peace and other
of who are by law vested with the office of justice of the
▪ Under the provisions of Section 41 (as amended by Section peace ex officio shall not, solely by reason of such
2 of R. A. No. 6733) and Section 242 of the Revised authority, be also entitled to act in the capacity of
Administrative Code, in relation to Sections G, M and N, notaries ex officio.
Chapter VIII of the Manual for Clerks of Court, Clerks of d. Any government officer or employee of the
Court are notaries public ex officio, and may thus notarize Department of Mindanao and Sulu appointed notary
documents or administer oaths but only when the matter is public ex officio by the Judge of the Court of First
related to the exercise of their official functions. Instance, with jurisdiction co-extensive with the
▪ The Court ruled that clerks of court should not, in their ex- province wherein the appointee is stationed, and for a
officio capacity, take part in the execution of private term of two years beginning upon the first day of
documents bearing no relation at all to their official January of the year in which the appointment is made.
functions. Notarization of documents that have no relation to
the performance of their official functions is now considered The authority conferred in sub Sections (a) and (b) hereof
to be beyond the scope of their authority as notaries public may, in the absence of the chief or clerk of court, be exercised
pertaining to the office in question. adopting the “Efficient Use of Paper Rule?”
1. there is a need to cut the judicial system’s use excessive
NOTE: The Department of Mindanao and Sulu, as a special quantities of costly paper, save our forests, avoid
political division has been abolished by section 1 of Act 2878. landslides, and mitigate the worsening effects of climate
change that the world is experiencing.
MANUAL FOR CLERK OF COURT 2. the judiciary can play a big part in saving our trees,
conserving precious water and helping mother earth;
▪ The provisions of Section G, Chapter VIII of the Manual
for Clerks of Court are essentially the same as the Where is it applicable?
provisions of Section 242 of the Revised Administrative This rule shall apply to:
Code. 1. all courts
▪ The provisions of Section M, Chapter VIII of the Manual 2. quasi-judicial bodies under the administrative
for Clerks of Court are lifted from Section 41 of the supervision of the Supreme Court.
Revised Administrative Code, as amended.
▪ Section N. DUTY TO ADMINISTER OATH. Officers What is the format and style?
authorized to administer oaths, with the exception of 1. single space
notaries public, municipal judges and clerks of court, are 2. one-and-a –half space between paragraphs
not obliged to administer oaths or execute certificates 3. use of an easily readable font style of the party’s choice
save in matters of official business; and with the exception 4. 14-size font
of notaries public, the officer performing the service in 5. Legal size/Folio: 13 –inch by 8.5- inch white bond paper
those matters shall charge no fee, unless specifically
authorized by law.
What is the required margins?
Borrev. Judge Moya and Judge Arcilla October 17, 1980, 1. left hand margin of 1.5 inches from the edge;
100 SCRA 114 2. an upper margin of 1.2 inches from the edge;
3. a right hand margin of 1.0 inch from the edge;
A notary public ex officio should notarize only documents 4. lower margin of 1.0 inch from the edge.
connected with the exercise of his official duties. That is the
reason why he is designated as a notary ex officio. He should Every page must be consecutively numbered.
not compete with private law practitioners or regular notaries
public in treansacting legal conveyancing business. How many copies should be filed in the Supreme Court?
▪ In the Supreme Court, one original (properly marked)
Flordeliza Coquia v. Atty. Emmanuel Laforteza February and four copies, unless the case is referred to the Court
8, 2017, 817 SCRA 129 En Banc, in which event, the parties shall file ten
additional copies. For the En Banc, the parties need to
While Atty. Laforteza serve as notary public ex officio and submit only two sets of annexes, one attached to the
thus, may notarize documents or administer oaths, he should original and an extra copy. For the Division, the parties
not in his capacity take part in the execution of private need to submit also two sets of annexes, one attached to
documents bearing no relation at all to his official functions the original and an extra copy. All members of the Court
shall share the extra copies of annexes in the interest of
Based on the said provisions of law and jurisprudence, a economy of paper.
notary public ex officio can only perform notarial acts in ▪ Parties to cases before the Supreme Court are further
relation to their official functions. He cannot notarize required, on voluntary basis for the first six months
documents involving private transactions. He cannot compete following the effectivity of this Rule and compulsorily
with private law practitioners who were commissioned as afterwards unless the period is extended, to submit,
Notaries Public. simultaneously with their court-bound papers, soft
copies of the same and their annexes (the latter in PDF
GUIDES TO A GOOD LEGAL WRITING: format) either by email to the Court’s e-mail address or
by compact disc (CD). This requirement is in
1. Correct choice of words preparation for the eventual establishment of an e-filing
2. Proper sentence structure paperless system in the judiciary.
3. Paragraphs must be impressive
4. Correct citations How many copies should be filed in the Court of Appeals
5. Correct form of legal document and the Sandiganbayan?
▪ one original (properly marked) and two copies with
EFFICIENT USE OF PAPER RULE their annexes;
(A.M. NO. 11-9-4-SC)
Appeals? presents an instrument or document;
▪ one original (properly marked) and two copies with b. is personally known to the notary public or
annexes. On appeal to the En Banc, one Original identified by the notary public through competent
(properly marked) and eight copies with annexes evidence of identity as defined by these Rules;
c. signs the instrument or document in the presence
How many copies should be filed in the Court of Tax of the notary; and
Appeals d. takes an oath or affirmation before the notary
▪ one original (properly marked) with the stated annexes public as to such instrument or document.
attached to it. ▪ It is that end part of the affidavit, oath or affirmation, in
which the notary public certifies that the instrument is
When did the Efficient Use of Paper Rule took effect? sworn to before him, thus, making the notarial
▪ January 1, 2013 after publication in two newspapers of certification essential.
general circulation in the Philippines.
JURAT VS. ACKNOWLEDGEMENT
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC Malvar v. Baleros
A.C. No. 11346, March 8, 2017
SEC. 1. POWERS. –
A) A NOTARY PUBLIC IS EMPOWERED TO PERFORM THE “A jurat is a distinct creature from an acknowledgment. It is
FOLLOWING NOTARIAL ACTS: that part of an affidavit in which the notary certifies that before
1) ACKNOWLEDGMENTS; him or her, the document was subscribed and sworn to by the
2) OATHS AND AFFIRMATIONS; executor; while an acknowledgment is the act of one who has
3) JURATS; executed a deed in going before some competent officer or
4) SIGNATURE WITNESSINGS; court and declaring it to be his act or deed.”
5) COPY CERTIFICATIONS; AND
6) ANY OTHER ACT AUTHORIZED BY THESE RULES. COMPETENT EVIDENCE OF IDENTITY
refers to identification of an individual based on:
ACKNOWLEDGEMENT 1. at least one current identification document issued by an
▪ refers to an act in which an individual on a single official agency bearing the photograph and signature of
occasion: the individual; or
a. appears in person before the notary public and 2. the oath or affirmation of one credible witness not privy
presents an integrally complete instrument or to the instrument, document or transaction who
document; personally knows the individual, or of two credible
b. is attested to be personally known to the notary witnesses neither of whom is privy to the instrument,
public or identified by the notary public through document or transaction who each personally knows the
competent evidence of identity as defined by these individual and shows to the notary public documentary
Rules; and identification.
c. represents to the notary public that the signature
on the instrument or document was voluntarily TAKE NOTE: a community tax certificate or residence
affixed by him for the purposes stated in the certificate or popularly known as “cedula” is not a competent
instrument or document, declares that he has evidence of identity.
executed the instrument or document as his free
and voluntary act and deed, and, if he acts in a SIGNATURE AND NOTARIAL SEAL OF THE NOTARY
particular representative capacity, that he has the PUBLIC
authority to sign in that capacity. ▪ Shall be affixed only at the time the notarial act is
▪ It is used in documents or instruments where there is performed. The notarial seal shall be affixed beside the
disposition or transfer or conveyance of title to property signature of the Notary Public and clearly impressed on
(real or personal) or any interest therin, including each and every page of the instrument or document
contract to sell, pacto de retro sale, donation; or any notarized.
instrument where a lien is constituted on real or personal ▪ The signature and notarial seal of the Notary Public
property; lease or rental of property. It is also used in appear right below the ACKNOWLEDGMENT or JURAT.
contracts of agency, i.e., Special and General Powers of After the signature and seal of the notary public, the
Attorney. following information shall appear:
1. Complete name of the Notary Public
JURAT 2. Roll of Attorney
▪ refers to an act in which an individual on a single 3. Commission NUmber and Date of Expiration
occasion: 4. IBP Official Receipt NUmber; date and place of
issue
 5. Professional Tax Receipt Number; date and place SAMPLE FORM NO. 4
of issue
6. Mandatory Continuing Legal Education (MCLE)
Compliance or Exemption Number; date of issue
and validity
7. Office address, telephone number, fax number and
email address
▪ The information on the entry in the Notarial Register are
written at the lower left portion below the information
stated above.
• Document number
• Page Number
• Book number
• Year when the document was notarized

SAMPLE FORM NO. 1

SIGNATURE AND NOTARIAL SEAL OF THE NOTARY
PUBLIC

SAMPLE FORM NO. 5

SAMPLE FORM NO. 2

SAMPLE FORM NO. 3

SAMPLE FORM NO. 6 OATH OR AFFIRMATION
It 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
identity as defined by these Rules; and
c. avows under penalty of law to the whole truth of the
contents of the instrument or document. (Sec. 2 Rule II,
2004 Rules on Notarial Practice)

COPY CERTIFICATION
refers to a notarial act in which a notary public:
a. is presented with an instrument or document that is
neither a vital record, a public record, nor publicly
recordable;
SAMPLE FORM NO. 7 b. copies or supervises the copying of the instrument or
document;
c. compares the instrument or document with the copy;
and
d. determines that the copy is accurate and complete.

ATTESTATION CERTIFICATION
It is an act where a person appears before a notary public
certifies and attests to the existence, due execution, accuracy
and completeness of a document, deed or proceedings.

SAMPLE FORM NO. 9

SAMPLE FORM NO. 8

SAMPLE FORM NO. 10
AFFIDAVITS
Affidavit is a voluntarily sworn declaration of written facts.
It is sworn before a notary or other officers entitled to
administer an oath or take acknowledgement (Suarez, 2019).

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.

ESSENTIAL PARTS OF AN AFFIDAVIT:

1. Venue - the place where the affidavit was taken. This will
show whatever the official administering the oath of
affirmation has acted within this jurisdiction.
2. Body - The facts stated in the body of an affidavit must
be stated positively, and not merely a matter of belief,
by one who has actual knowledge of the fact and its
allegations should be full, certain and exact.
3. Signature of the Affiant and the Jurat - The proper
place of the signature is below the body of the affidavit.
Jurat is that part of an affidavit in which the officer
certifies that the instrument was sworn to before him
(Suarez, 2019).

SAMPLE FORM NO. 11 AFFIDAVIT VS. ACKNOWLEDGEMENT

AFFIDAVIT ACKNOWLEDGEMENT
1. A complete instrument 1. Always a part of, or an
within itself. appendage to another
2. Purpose: to prove a fact instrument.
3. Sworn to 2. Declaration by the
4. Maker signs an person making it that
instrument whether it is he/she signed the
a deed, an affidavit etc. instrument to which the
acknowledgement is
attached.
3. Not sworn to
4. The notary signs the
acknowledgement.

EXECUTING AN AFFIDAVIT
In executing an affidavit, the affiant's primary qualification
is that he has knowledge of facts which he states, and the truth
of which he affirms. (Suarez, 2019). It will be used to prove the
truthfulness of a certain statement in court. It is either the
personal knowledge of the affiant or his /her information and
belief or although not based on their personal perspective,
the affiant states only what he/she feels they can state as true
(Philippines Legal Forms, 2022). An affidavit is only valid
SIGNATURE WITNESSINGS when made voluntarily and without coercion.
It refers to a notarial act in which an individual on a single
occasion: LEGAL RESPONSIBILITY OF MAKING OR EXECUTING
a. appears in person before the notary public and presents AFFIDAVITS
an instrument or document; ▪ An affidavit is a legal document similar to a witness's
b. is personally known to the notary public or identified by sworn testimony in a court of law. Prior to giving
the notary public through competent evidence of testimony, a witness in a trial must swear that what they
identity as defined by these Rules; and are about to say is true and correct under penalty of
c. signs the instrument or document in the presence of the perjury. An affidavit carries the same penalty of perjury,
notary public. (Sec.14 Rule II, 2004 Rules on Notarial only it is used to attest to things outside of the courtroom.
Practice)
 ▪ The crime of perjury is committed by any person who SAMPLE AFFIDAVIT OF DESISTANCE
shall knowingly make untruthful statements or make an
affidavit, upon any material matter and required by law.
It is punishable by imprisonment of up to 2 years and
four months (ndvlaw.com, n.d.).
▪ The elements of Perjury, culled from Article 183 of the
Revised Penal Code, are as follows:
a.) The accused made a statement under oath or
executed an affidavit upon a material matter;
b.) The statement or affidavit was made before a
competent officer authorized to receive and
administer oaths;
c.) In the statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood; and
d.) The sworn statement containing the falsity is
required by law or for a legal purpose.” (Reyes, Luis
B., The Revised Penal Code Book II, p. 272, 1998 Ed.)

COMMON EXAMPLES OF AN AFFIDAVIT

1.) Affidavit of Loss
2.) Affidavit of Desistance
3.) Affidavit of Discrepancy
4.) Affidavit of Two Disinterested Persons

SAMPLE AFFIDAVIT OF LOSS

SAMPLE AFFIDAVIT OF DISCREPANCY

SAMPLE AFFIDAVIT OF TWO DISINTERESTED PERSON LEGAL FORMS USED BY LAW ENFORCEMENT
AGENCIES
1. Affidavit of Arresting Officers
2. Complaint
3. Judicial Affidavit
4. Application for Search Warrant
5. Inventory/Receipt for Property Seized
6. Certification of Orderly Search
7. Compliance or Return of Search Warrant

AFFIDAVIT OF ARRESTING OFFICERS

Arrest is the taking of a person into custody in order that
he may be bound to answer for the commission of an offense.
An affidavit of arrest is generally filled 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.

SAMPLE AFFIDAVIT OF ADJUDICATION AS SOLE HEIR

COMPLAINT
A complaint is a sworn written 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. (Sec. 3, Rule 110 of the Rules
of Court)
Required Form for Complaint and Information:
1. Shall be in writing
2. In the name of the People of the Philippines
3. Against all persons who appear to be responsible for the
offense involved.
INFORMATION
An information is an accusation in writing charging a
person with an offense, subscribed by the prosecutor, and
filed with the court. (Sec. 4, Rule 110 of the Rules of Court)

Probable cause - refers to such facts and circumstances

which would lead a reasonably discreet and prudent man to
believe that an offense has been committed and that the
objects sought in connection with the offense are in the place
sought to be searched.
 JUDICIAL AFFIDAVIT well as those of his witnesses to the court within ten days
It is a written, out-of-court statement taken before a notary from receipt of such affidavits and serve a copy of each
public or any person authorized to administer an oath. It is in on the public and private prosecutor, including his
a question-and-answer form (Section 8, Rule 2, A.M. No. 01-2- documentary and object evidence previously marked as
04-SC) and serves as witness’ direct testimony, subject to Exhibits 1, 2, 3, and so on. These affidavits shall serve as
cross examination in accordance with existing rules on direct testimonies of the accused and his witnesses when
evidence (Section 1, Rule 5, A.M. No. 01-2-04-SC) they appear before the court to testify.
▪ A.M. No. 01-2-04-SC - Interim Rules of Procedure for Intra-
Corporate Controversies EFFECT OF NON-COMPLIANCE (SEC. 10)
▪ Effectivity: March 13, 2001 a.) A party who fails to submit the required judicial
▪ A.M. No. 12-8-8-SC – Judicial Affidavit Rule affidavits and exhibits on time shall be deemed to have
waived their submission. The court may, however, allow
CONTENTS OF JUDICIAL AFFIDAVIT (SEC. 3) only once the late submission of the same provided, the
A judicial affidavit shall be prepared in the language delay is for a valid reason, would not unduly prejudice
known to the witness and, if not in English or Filipino, the opposing party, and the defaulting party pays a fine
accompanied by a translation in English or Filipino, and shall of not less than P 1,000.00 nor more than P 5,000.00 at the
contain the following: discretion of the court.
a.) The name, age, residence or business address, and b.) The court shall not consider the affidavit of any witness
occupation of the witness; who fails to appear at the scheduled hearing of the case
b.) The name and address of the lawyer who conducts or as required. Counsel who fails to appear without valid
supervises the examination of the witness and the place cause despite notice shall be deemed to have waived his
where the examination is being held; client's right to confront by cross-examination the
c.) A statement that the witness is answering the questions witnesses there present.
asked of him, fully conscious that he does so under oath, c.) The court shall not admit as evidence judicial affidavits
and that he may face criminal liability for false testimony that do not conform to the content requirements of
or perjury; Section 3 and the attestation requirement of Section 4.
d.) Questions asked of the witness and his corresponding The court may, however, allow only once the subsequent
answers, consecutively numbered, that: submission of the compliant replacement affidavits
1. Show the circumstances under which the witness before the hearing or trial provided the delay is for a
acquired the facts upon which he testifies; valid reason and would not unduly prejudice the
2. Elicit from him those facts which are relevant to the opposing party and provided further, that public or
issues that the case presents; and private counsel responsible for their preparation and
3. Identify the attached documentary and object submission pays a fine of not less than P 1,000.00 nor
evidence and establish their authenticity in more than P 5,000.00, at the discretion of the court.
accordance with the Rules of Court;
e.) The signature of the witness over his printed name; and
f.) A jurat with the signature of the notary public who
administers the oath or an officer who is authorized by
law to administer the same.

APPLICATION OF RULE TO CRIMINAL ACTION (SEC. 9)

a.) This rule shall apply to all criminal actions:
1. Where the maximum of the imposable penalty does
not exceed six years;
2. Where the accused agrees to the use of judicial
affidavits, irrespective of the penalty involved; or
3. With respect to the civil aspect of the actions,
whatever the penalties involved are.
b.) The prosecution shall submit the judicial affidavits of its
witnesses not later than five days before the pre-trial,
serving copies if the same upon the accused. The
complainant or public prosecutor shall attach to the
affidavits such documentary or object evidence as he
may have, marking them as Exhibits A, B, C, and so on.
No further judicial affidavit, documentary, or object
evidence shall be admitted at the trial.
c.) If the accused desires to be heard on his defense after
receipt of the judicial affidavits of the prosecution, he
shall have the option to submit his judicial affidavit as
 g. Search under exigent and emergency measures

When a policeman knocks on your door and wants to search

your house, will you let him in?

If you are standing in a street, can a policeman just search

through your belongings?

The answer is NO, unless he is armed with a search

warrant.

APPLICATION FOR SEARCH WARRANT

Filed in court in order to secure a Search Warrant. Search
Warrant

A SEARCH WARRANT is an order in writing, issued in the

name of the People of the Philippine Islands, signed by a
judge or a justice of the peace, and directed to a peace officer,
commanding him to search for personal property and bring it
before the court. (Alvarez vs. Court of First Instance of
Tayabas, G.R. No. 45358, 29 January 1937)

REQUISITES:
a. There must be probable cause;
b. The probable cause must be determined personally by
a judge;
c. It must be issued after examination, under oath or
affirmation, of the complainant and the witnesses he may
produce;
d. The warrant must particularly describe the place to be
searched and the persons or things to be seized.

PROBABLE CAUSE refers to such facts and circumstances

which would lead a reasonably discreet and prudent man to
believe that an offense has been committed and that the
objects sought in connection with the offense are in the place
sought to be searched.

INSTANCES WHEN A SEARCH MAY BE MADE WITHOUT

A WARRANT:
a. When there is a valid waiver of the right
b. Where the search is incidental to a valid arrest
c. Where the prohibited articles are in plain view.
d. In Stop and frisk situations or pursuant to a Terry Search.
▪ In the US case of Terry vs. Ohio, a Terry Search has
been defined as the right of a police officer to stop
a citizen on the street, interrogate him and pat him
for weapons whenever he observes unusual
conduct which leads him to conclude that criminal
activity may be afoot.
e. Search of moving vehicles
f. Enforcement of immigration and customs law
 COMPLIANCE OR RETURN OF SEARCH WARRANT
The police officer must make a return of the search
warrant and forthwith deliver the property seized to the judge
who issued the warrant, together with an inventory thereof,
duly verified under oath following the forms (Revised PNP
Operations Operational Procedure, 2021)

CERTIFICATION OF ORDERLY SEARCH

It is a document certifying that the search was conducted
in accordance with law.

End.