Legal Forms in Action - Unit2b
Legal Forms in Action - Unit2b
The appearance notice or summons tells a person of the date he/she has to
appear in court, the location of the court, and the types of offenses he/she is charged
with such as The Summary Conviction Offenses which are minor offenses like
causing a disturbance or shoplifting, and the Indictable Offenses which are more
serious, like murder, sexual assault, breaking and entering.
_________________________
Plaintiff CIVIL CASE NO. 6330
__________________
Defendant(s)
x---------------------------------/
SUMMONS
TO:
You are hereby informed that the Rules on Summary Procedure shall apply in the above-
entitled case. Thus, you are hereby required to answer the complaint duly served upon you within
TEN (10) DAYS FROM SERVICE thereof. Should you fail to answer the complaint within the
reglementary period stated herein, the Court will enter judgment against you by default and grant
the demand or relief applied for in said complaint.
Witness the Honorable _______________, Presiding Judge of this court, this ________
day of ______ 20______.
__________________________
Clerk of Court
SUMMONS
TO: _______________________
_______________________
GREETINGS:
You are hereby notified that a formal administrative complaint against you, copy
attached, has been filed with this Office for the afore cited offense under the provision of Section
41 of Republic Act No. 6975 (“Department of the Interior and Local Government Act of 1990”) in
relation to NAPOLCOM Memorandum Circular No. ___________ dated ________ .1991.
Wherefore, you are hereby required to answer in writing the abovementioned charge(s)
within five (5) days from receipt hereof, and to file said Answer under oath in three (3) copies to
the Board. Attached herewith are such documentary evidences as you wish to present in your
defense.
_______________________
Chairman
People’s Law Enforcement Board
Sir:
Please give due course to the herein summons and to return in this office the original of
the same with your proof of service indorsed at the back hereof.
___________________________
People’s Law Enforcement Board
Types of Subpoena
-versus-
SUBPOENA
TO:
Greetings:
You are hereby commanded to appear before this Court on the 8 th of May 2011 at 8:00 in
the morning then and here to testify in the above entitled case (s).
WITNESS the HON __________________, Judge of this Court, this 10 th day of April
2011.
________________________
Branch Clerk of Court
SUBPOENA
To: ____________________________
____________________________
GREETINGS:
You are hereby required to appear and be present at the hearing of the abovementioned
case before the Board at _____________________a.m. / p.m. on the ____________ day of
_____________ 20_______, then, and there to testify in the above cited case pending therein.
____________________
Chairman
PROOF OF SERVICE
I have this day served a copy of the foregoing subpoena upon Mr. _________________
Personally (or by registered mail no. _____________)
Date this ______________-day of ____________, 20_____.
___________________
Serving Party
Warrant of Arrest. Section 1-4, Rule 113 of Criminal Procedure states the
following about arrest:
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 arrest is made by an actual restraint of a
person to be arrested, or by his/her submission to the custody of the person making an
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/her detention.
It shall be the duty of the officer executing the warrant to arrest the accused and deliver
him/her to the nearest police station or jail without unnecessary delay. The head of the
office to whom the warrant of arrest was delivered for execution shall cause the warrant
to be executed ten (10) days from its receipt. Within ten (10) days after the expiration of
the period, the officer to whom it was assigned for execution shall make a report to the
judge who issued the warrant. In case of his/her failure to execute the warrant, he/she
shall state the reasons thereof.
The following persons may make/effect/execute an arrest:
Police Officer (in both warrantless arrest and arrest with warrant), private
person (only warrantless arrest or citizen’s arrest), members of investigation staff of
the NBI (under RA 157, as amended), bailor (may arrest the accused for the purpose of
surrendering him in court (US vs. Addison, 27 Phil. 563; People vs. Caderao,& SCRA
639), sheriff or deputy sheriff (may arrest a witness who failed to attend and obey
subpoena despite proof of service thereof; (Sec.11, Rule 23), provincial or city
probation officer (may arrest probationer under his care; Sec. 24, PD 986, as
amended), Commissioner of Land Transportation and his deputies (are authorized
to make arrest for violation of Land Transportation and Traffic Code in so far as motor
vehicles are concerned; RA 4136, as amended).
Only judges may issue warrant of arrest. This exception is in case of deportation
of illegal and undesirable alien, whom the President or the Commissioner of Immigration
may order arrested following a final order of deportation for the purpose of deportation. A
judge may not issue a warrant of arrest without recommendation for bail where offense
is bailable.
-versus-
SERAFIN CLAVEL II and
MARC LOVEL C. BEDONA
Accused.
You are hereby commanded to arrest SERAFIN N. CLAVEL II and MARC LOVEL C.
BEDONA who are to be found at Brgy. Tiring, Cabatuan, Iloilo or anywhere in the Philippines and
who have been accused before this Court with the crime of ROBBERY WITH RAPE and deliver
them for forthwith to the nearest Police Station or Jail.
You are enjoined to execute this warrant of arrest within ten (10) days from receipt
hereof. Within ten (10) days after the expiration of such period, you are directed to make report
thereon to this court and in case of your failure to execute the same, to state the reason
therefore.
There was NO BAIL RECOMMENDED for the provisional liberty of the accused in this
case.
GLOBERT JUSTALERO
JUDGE
source: https://www.scribd.com/doc/269349277/8-Warrant-of-Arrest
The Supreme Court issued Circular No. 13 regarding the guidelines and
procedures in the issuance of search warrants. This is a measure to better serve the
public good and facilitate the administration of justice.
Below are some of the guidelines applicable to this:
All applications for search warrants, if filed with the Executive Judge, shall be
assigned by raffle, to a judge within his/her administrative area, under whose direction
the search warrant shall be issued for the search and seizure of personal property. After
the application has been raffled and distributed to a branch, the judge who is assigned to
conduct the examination of the complainant and witnesses should immediately act on
the same, considering that the time element and possible leakage of information are the
primary considerations in the issuance of search warrants and seizures.
The judge must, before issuing the warrant, personally examine in the form of
searching questions and answers, in writing and under oath, the complainant and any
witnesses he/she may produce and attach to the record their sworn statements together
with any affidavits submitted. If the judge is thereupon satisfied of the existence of the
facts upon which the application is based, or that there is probable cause to believe that
they exist, he/she must issue the warrant substantially in the form prescribed by the
Rules.
In every court, there shall be a logbook under the custody of the Clerk of Court
wherein shall be entered within 24 hours after the issuance of the search warrant the
following: date and number of the warrant; name of the issuing judge; name of the
person against whom the warrant is issued; offense cited in the warrant; and name of
the officer who applied for the warrant and his/her witnesses.
Sample form of Petition for the Issuance of Arrest /Search Warrant
Letterhead
The undersigned (name of the applicant) after having been duly sworn, states:
1. That (name of the person to be searched), who may be found at (describe premises)
is in possession or has in his/her control (name of property subject of the offense; or
stolen or embezzled and or other proceeds or fruits of the offense, or used or intended to
be used as the means of committing an offense) which he/she is keeping and concealing
in premises above described. (Cancel description not applicable)
2. That a search should be issued to enable any agent of the law to take possession and
bring to this court, the following described property: ( give complete and detailed
description of the property to be seized).
Wherefore, the undersigned prays this honorable court to issue a search warrant
authorizing any agent of the law to search the premises above described and to seize
and surrender to this Honorable Court the personal property mentioned above to be
dealt with as the law directs.
________________________________, Philippines
_____________ 20___________
____________________
Applicant
Sample form of Search Warrant Issued by the Court
Letterhead
It appearing to the satisfaction of the undersigned after examining under oath (name of
applicant) and his/her witness (name of witness) that there is probable cause to believe that
(describe the act charged) has been committed or is about to be committed and that there are
good and sufficient reasons to believe that (name of person, or persons to be searched) has in
his possession or control in (describe the premises) in (name of street), district of _________,
( name of property subject of the offense; or stolen or embezzled and other proceeds or fruits of
the offense; or used or intended to be used as the means of committing an offense) which should
be seized and brought to the undersigned.(Cancel description not applicable)
You are hereby commanded to make an immediate search at any time in the day (or
night) of the premises above described and forthwith seize and take possessions of the following
personal property, to witgive a complete and detailed description of the property to be seized)
and bring said property to the undersigned to be dealt with as the law directs.
_______________________
Judge
____________________________
That during the course of their search, they found and recovered the following personal
properties of mine which is the subject of the Search Warrant, to wit:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
___________________________________________________________________________
I FURTHER CERTIFY that the search was done in peaceful, appropriate and orderly
manner and nothing were taken by the searching party aside from those enumerated above.
_______________________
(Signature over printed name of the owner)
__________________________________
(Administering Officer)
NOTICE OF APPEAL
COMES NOW accused JUAN C. PEDRO, by counsel, and unto this Honorable Court,
most respectfully gives notice that he is appealing to the Regional Trial Court, both questions of
fact and law, the decision dated 30 March 2016.
Copy furnished:
Pros. Y
Office of the Prosecutor
Atty. X
Room 3B. 3F Port Mall
Manila
Answer briefly.
Define Notice of appeal?
Give one importance of Notice of
Thank you for reading the content.
CLARIDADES, P., CLARIDADES, P., & CLARIDADES, P. (2020). Atty. Alvin Claridades.
Atty. Alvin Claridades. https://attyalvinclaridades.wordpress.com
Sample Format of Sworn Statement (Question and Answer) (1) | Affidavit | Crimes.
Scribd. (2020).
https://www.scribd.com/document/434360354/Sample-Format-of-
Sworn-Statement-Question-and-Answer-1
Sworn Statement Sample | Document | Civil Law (Common Law). Scribd. (2020).
https://www.scribd.com/doc/271815068/Sworn-Statement-Sample
Team, A. (2020). The Lawphil Project - Arellano Law Foundation, Inc.. Lawphil.net. from
https://lawphil.net
Top-notch Law Firm in Metro Manila, Philippines | Corporate, Family, IP law, and
Litigation Lawyers. Law Firm in Metro Manila, Philippines | Corporate,
Family, IP law, and Litigation Lawyers. (2020). https://ndvlaw.com
US Legal, I. (2020). Legal Definitions Legal Terms Dictionary | USLegal, Inc..
Definitions.uslegal.com. https://definitions.uslegal.com
Assessment Rubrics
T
The form and he writer’s The reader
presentation of message is receives a
the text understandable garbled
Presentation enhances the in this format. message due
ability to the to problems
reader to relating to the
understand and presentation of
connect with the text, and is
the message. It not typed.
is pleasing to
the eye.
Glossary
Affidavit. A verified, formal sworn statement of fact signed by an affiant or author, and
witnessed by a notary public
Affidavit of desistance. Written statement under oath by the complainant stating that
said person is no longer interested in pursuing the case against another
Affidavit of witness. Legal and binding written testimony of a witness used as evidence
in court
Appearance notice. Official notice telling a person to appear in court at a specific time
and place to answer to a criminal charge delivered by a police officer.
Business forms. Documents that set forth the creation, transfer, modification or
limitation of rights to real or personal properties, and such other forms related to
business contracts or transactions
Deposition. Formal written statement, made by a witness to a crime, which can be used
in court if the witness cannot be present
Habeas corpus. Writ directed to a person detaining another and commanding that
person to produce the body of the prisoner at a certain time and place and to
state the cause of his/her capture and detention
Interpleader. Suit pleaded between two parties to determine a matter of claim or right to
property held by a third party
Motion for reconsideration. Legal filing where a party to a lawsuit requests the court to
review a prior decision and consider issuing a new or different decision in the
light of that review
Notice of appeal. Formal notice served by the appellant on the court and the parties
involved, informing them of the appellant’s intention to request review of a lower
court’s order
Ordinary civil action. One by which a party sues another for the enforcement or
protection of a right or the prevention or redness of a wrong
Perjury. Offense of willfully telling an untruth in a court after having taken an oath or
affirmation
Quo Warranto. Special civil action whereby a person claiming to be entitled to a public
office or position files an action against a usurper challenging the authority of the
latter in holding said public office or position
Search warrant. Order issued by a judge authorizing law enforcement officers to search
for personal property described therein and bring it before that court
Subpoena ad testificandum. Writ ordering a person to appear and give oral testimony
for use at a hearing or trial, or face punishment
Subpoena duces tecum. Writ ordering a person to appear before the court bringing
with him/her certain designated documents or physical evidence, or face
punishment
Summons. Official notice telling a person that he/she has to appear in court at a specific
time and place to answer to a criminal charge, which may be received in the mail
Sworn statement. Document containing facts related to a legal proceeding made under
oath
Warrant of arrest. Written order by a judge for the taking of a person into custody in
order that he/she may be bound to answer for the commission of an offense
USER’S EVALUATION FORM
Date: __________
Dear Student,
The evaluation form will help us in the production of upcoming editions of the
instructional materials. Please fill out the form and detach before submitting the IM to
your professor at the end of the semester. Put it in a sealed envelope and submit this
form to the Instructional Materials Development Office (IMDO) in your campus. Thank
you for your compliance.
For other comments and suggestions, please use the space below. Thank you.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Answer Key
( Pre test )
1. True
2. X
3. True
4. True
5. True
Assessment
A. 1. Judicial forms
2. special proceeding
3. contract / transaction
4. a crime / an offense
5. court
Unit 2
Pretest
1. C - inquest 6.arrest
2. A – sworn statement 7. Ad testificandum
3. B - affidavit 8. Search warrant
4. C – criminal complaint 9. arrested
5. D - witness 10. duces tecum
Assessment