CHAPTER 8

AFFIDAVIT

-A written statement confirmed by oath or affirmation, for use as evidence in court.

- Medieval Latin “fidus” which means trust
- An affidavit is a sworn statement put in writing. When you use an affidavit, you're claiming that
the information within the document is true and correct to the best of your knowledge. Like
taking an oath in court, an affidavit is only valid when you make it voluntarily and without any
coercion.

What is the purpose of affidavit?

Purpose of an affidavit? To put sworn written evidence, including documents, before the court
without the need for in person testimony. Just like oral evidence given at trial, the person
making the affidavit, the "deponent," swears or affirms that what they are saying is true.
Does affidavit have validity?
A Notarized document like an Affidavit is valid up to infinity as regards its contents. Its time,
place and date on which the same has been executed should be the main consideration OR that
the contents of the affidavit are negated by new/other evidences making the earlier affidavit
null & void.

What to include in your affidavit

Affidavits are not difficult documents to prepare, but you need to ensure that
you provide required information for it to be valid. The following are six
critical sections that must be included:
1. Title. This is either your name (“Affidavit of Jane Doe”) or the specific
case information.
2. Statement of identity. The next paragraph tells the court about
yourself. (My name is Jane Doe. I am 45 years old, work as a nurse, and
currently reside at 224 Grove Street, Phoenix, Arizona.)
3. Statement of truth. In this section, you’ll swear that the following
information is true and correct to the best of your knowledge.
4. Statement of facts. The following paragraph(s) will lay out your
statement of facts. Each paragraph should contain only one fact and
the details relevant to it.
5. Closing statement of truth. After you finish stating your facts, you’ll
once again swear that the above information is correct.
6. Sign and notarize. The final section includes signature lines for you,
witnesses, and the notary section, as well as the date.
Confession
 Confession is the declaration of the accused acknowledging his guilt arising from the
commission of a crime.

Admission
 Admission is an acknowledgement of a fact or circumstance without accepting guilt.
Guilt maybe inferred in admission. When an accused confessed to the commission of a crime, he
accepts the facts constituting the offense but if he interposes self-defense or other exculpatory
grounds, then his acknowledgement is not a confession but admission.

What is affidavit of arrest?

An affidavit of arrest is generally filled out 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.
Complaint Affidavit
-The affidavit of complaint is a statement alleging that a person has committed an offense
- A good criminal lawyer will draft a Complaint-Affidavit which will prove all the elements of the
crime or felony. After filing your Complaint-Affidavit, the Office of the City Prosecutor will issue
a subpoena against the accused, requiring him to appear on a certain date and time to submit
his Counter-Affidavit.
Where does a complaint affidavit be filed?
- a complaint may be filed with the prosecutor's office directly. It can also be filed with the
police, and then the police will be the one to endorse your case to the prosecutor's office after
investigation.
What is affidavit of witness?
An affidavit is a legal document that is very similar to a witness's sworn testimony in a court of
law. Prior to giving testimony, a witness in a trial must swear that what they are about to say is
true and correct under penalty of perjury.
 CHAPTER 9
POLICE REPORT WRITING

RATIONALE:
The ability to write reports effectively is advantageous in any profession, most especially
in the police service because "EVERY POLICE ACTION TAKEN MUST BE FOLLOWED BY A
WRITTEN REPORT." Hence, all information important to the police must be reduced to writing.
In many cases, however, there are no set patterns, but each police officer prepares his written
reports as he sees it fit.

GENERALITIES:
In the arm of police organizations together with the handling of departmental routine,
the executives and the supervisors must premise their actions in many instances on information
furnished by efficient reports. Therefore, officers must compose his report as clear, concise,
thorough, accurate, legible, and well-organized. As much as possible, it should be set up in a
narrative style, that is, reporting the incidents in the order of their occurrence, followed by
any conclusion. Short sentences and timely paragraphing afford quicker understanding, and
officers should attempt to practice this technique. It is difficult to find anything more important
in police work than GOOD POLICE REPORTS.
What is a report?
It is a story of actions performed by men.

A chronological step by step account entirely or almost entirely a factual account of the
incidents that took place in a given event. Or it is the story of actions that were actually
performed by flesh and blood human beings.

What is a police report?

Isaias Alma Jose in his book Technical English 2: Investigative Report Writing, A Study in
the Philippine Setting (1991), police report...
"... is any written matter prepared by the police involving their interaction with the community."
 It provides a record of incidents requiring police response. This includes criminal
offenses, arrest, lost and found property, and general information.

Another concept, "police report is an exact narration of facts which were discovered
during the course of a crime investigation which serves as a permanent record for future
reference."
-"It is a chronological or step-by-step account of an incident that took place at a given time."

In this manner, it has, therefore, a beginning ....

"On or about 1300 August 1999, this station received a call regarding a vehicular
accident......."
In other words, the paragraphing process could be aptly done like this:
1. First paragraph reveals what sort of crime is being described;
2. The middle paragraph/s would be involve in arrivals and departures, or the recounting
of the various steps or actions done; and
3. The end paragraph concludes the report. This includes the status of the case, the
disposition of the individuals involved hospitalized, jailed?, taken home?) and the
disposition of the evidence obtained. Who or what is being sought for can be a basis for
ending.

PURPOSES:
One of the purposes of police report writing is to record the facts of a crime or event."

WHAT IS A FACT?
A fact is a statement which can be proven because it is based on any or all of our five
physical senses of sight, taste, smell, touch, and hearing.

POLICE REPORT WRITING

 The effectiveness of an investigator is judged in large measure by his reports of
investigations.
 The report of a finished case provides the necessary basis for action at higher levels.
  The only way in which the case can be intelligently managed is through the medium of
competent reporting.
 The progress report enables co-workers to take the next logical steps; the initial report
establishes the validity of the complaint and indicates the general nature and magnitude
of the case.

USES OF REPORTS:

1. They serve as records for police administrators in planning, directing, and organizing the
unit's duties.
+ If a police station chief receives several reports of vehicular accidents in a particular
areas, he will probably recommend road improvements to local authorities. If he reads a
number of reports on extortion by police officers who are assigned to maintain a smooth
flow of traffic in their area of operation, he will possibly issue directive to all concerned,
warning them of disciplinary actions if such malpractice continues.
2. It can be used as legal documents in the prosecution of criminals.
+ To avoid confusion on the witness stand, a police officer can make a solid report that will
be clear, accurate, and complete. A witnessing officer is not at all apprehensive or
hesitant in answering questions by examining or cross-examining lawyers because he
has a ground technical report aa a piece of evidence during the trial.
3. It can be used as reference by related agencies in the service.
+ Law enforcers exchange information among them. A crime investigated in one station
can be useful in another.
4. It can be useful to local media which usually have access on public documents for accurate
statistics.
5. It can be basis for research among students in Criminology, Law Enforcement, Police
Administration, and other related areas.

NATURE OF THE REPORT

A report of investigation is an OBJECTIVE STATEMENT of the investigator’s findings. It is
an official record of the information relevant to the investigation which the investigator submits
to his superior.
Since a case that may not go to trial until months after completion of the investigation, it
is important that there be available and complete statement of the investigative results. Loss of
memory with regard to details, missing notebooks, possible absence of the investigator are
some of the dangers which the report anticipates.

SEQUENCE OF REPORT
 The report should include negative as well as positive findings in order to remove
unwarranted and misleading suspicion. A single report is desirable, but usually this is not
possible because of the leads which are involved in a typical case.
In a major case, a report should be submitted within a matter of few days. The
seriousness of the matter will warrant maximum investigative efforts.
There should be no unjustifiable delay in investigative action. Supplementary reports
will be sent out as the information is developed or the lead discovered. In major cases, a status
report should be made even when no new significant information has been
discovered/uncovered. The closing report will be submitted when all leads are developed and
the case does not warrant further investigation.

MECHANICS IN POLICE REPORT WRITING

A. SELECTION AND USE OF WORDS

1. Vocabulary - the word of language. The supply of words which we know and which we
use, whether speaking or writing.
2. Diction - the correct choice of words; selecting the exact, precise objective words to
convey a meaning.

B. SENTENCE CONSTRUCTION
Sentences should be short, simple, and direct because the longer the sentence is, the
more difficult it is for the reader to follow it, and that lends confusion to your report,
whereas, short sentences lend emphasis, clarity, and communication, which is what any good
report writer strives for, which is what this text is all about, and as example, this entire
paragraph is one sentence with no periods, and at this point, you should feel as though you
are smothering in words and wish there would be a period so you could take a breath.
On the other hand, short sentences are easy to read. They allow for much needed
breathing spaces. Short sentences also provide a refreshing directness seldom found in longer
sentences.
Notice:
"The suspect accused the arresting officer of kicking him while the former was being
forced into the police van and when the suspect was thrown to the ground, the arresting
officer hit the suspect again in his face with his pistol."

Against:
"The suspect accused the arresting officer of kicking him while he was being forced into
the police van. When the suspect was thrown to the ground, the arresting officer hit him again
in his face with his pistol."

1. Correctness in a Sentence - Crimes are investigated after it is committed, and reports should
be written after the investigation, therefore, a report should be written in the PAST TENSE.
2. Three Essential Elements of a Narrative:
a. Setting - When? Where?
b. Characters - Who? - victims, suspects, witnesses.
c. Action - What? Why? How?

C. PARAGRAPH CONSTRUCTION
A paragraph is a sentence or group of properly related sentences expressing a single
idea.
Hence, by analysis, its characteristics are:
1. It is a sentence, or
2. A group of properly related sentences, and
3. It expresses a complete (single) idea.

In most cases, the writer must distinguish one paragraph from another by leaving a
blank line between them, giving the written page the appearance of having breathing spaces
between paragraphs. Normally, this is done by numbering each paragraph consecutively.
Characteristics of a paragraph:
1. Short paragraph;
2. Give the reader a rest; and
3. Recapture the readers’ attention.

D. SPELLING
E. DIVISION OF WORDS - hyphen
F. CAPITALIZATION
G. PUNCTUATIONS
PREPARATION OF REPORTS
A. BACKGROUND PREPARATION - gathering and arranging the information in a logical
sequence, thus outlining the report.
 Arrange notes, evidence and exhibits in the same order as you intend to present the
information in the report.
 Reports should refer to each other and are correlated.

B. FIVE BASIC STEPS IN INVESTIGATIVE REPORT WRITING:

G - GATHER THE FACTS
R - RECORD THE FACTS
O - ORGANIZE THE FACTS
W - WRITE THE REPORT
E - EVALUATE THE REPORT BY:
1. Editing
2. Proofreading

C. STYLE (QUALITIES OF A GOOD REPORT)

1. The Report Should Be Factual. It should contain all facts discovered during the course of
the investigation - based on the five senses.
2. The Report Should Be Complete. It should contain all facts and findings.
3. The Report Should Be Objective. It should present facts with appropriate words.
 4. The Report Should Be Clear. As much as possible, reports should be simple and direct;
and clear objective or purpose.
5. The Report Should Be Relevant. Relate exclusively to the stated objective, function or
subject with which it is concerned.
6. The Report Should Be Brief. Avoid repetition of facts, inclusion of unnecessary details
not related to the statement of objective.
7. The Report Should Be Accurate.
8. The Report Should Be Up-to-Date. The report should be submitted immediately after
conducting the initial and follow investigations.
9. The Report Should Be Fair. Avoid formulating facts with pre-conceived theories.

 Adherence to the 5 W’s and 1 H is essential.

CRITERIA OF A GOOD POLICE REPORT

AND POLICE CORRESPONDENCE:

1. CLARITY - Good English is relative. It can be right for one reader, wrong for another. In other
words, this is situational. Zeroing in written routinary communications, the writer must
consider that his readers have no time to dilly-dally because they are always in a hurry to get
things done. They have no time to be looking into the meanings of difficult words used by
aninconsiderate writers.
A correspondent, therefore, is duty-bound to service his readers by letting them
understand easily what he is trying to get across.
2. ACCURACY
a. USE THE WORD THAT SERVES YOUR PURPOSE.
b. LITERALLY, ACCURACY MEANS NOT ONLY EXACTNESS BUT ALSO NON-COMMISSION OF
ERRORS.

Wrong:.... 10 missing persons were...

Better:.... ten (10) missing persons ....

c. NEVER CONFUSE ONE WORD FOR ANOTHER.

3. BREVITY - or conciseness means saying much in a fewer word.

4. SPECIFICITY - When we write about the concrete examples or situations that bring ideas to
life, we need specific words that bring the reader closer to firsthand experience.

SPOT REPORT
A spot report is that one done after an important incident took place in a certain area (a
precinct, a station, a provincial or regional police installation, or in the General Headquarters of
the PNP), at a given time. Verbal or written, it must be done or acted upon within 24 hours.
The idea is to inform an immediate chief ( as SOP, considering that whatever happens in
said area is a command responsibility), or that one from a higher headquarters or office,
regarding the details relative to a particular occurrence.
When written, a spot report may use the PNP message form, especially if the reporting
officer is far from the receiver. If the reporter is within a particular installation only, the report
may use the Subject-to-letter form.
PROGRESS REPORT
Progress or Follow-up - This is a written narration of facts which were discovered by the
officer-on-case in the course of his follow-up investigation. For every development in the
case, as a result of the follow-up investigation, a progress report must be immediately
submitted.
 These are the result of the follow-up investigations of the fresh or new case. It is written
and submitted every time or whenever any development or progress is accomplished in the
follow-up investigation.
It is through this kind of report that a superior officer can determine if the
detective/investigator is working on his case and therefore, serve as a gauge or yardstick for
the investigator's efficiency.
A progress report has a follow-up effect. Is this a follow-up of initial report previously
sent? Or is this a follow-up of an investigation made, submitted ahead? Or is this merely a
follow-up of a project, or a program?
A progress report can simply be an accomplishment report which may be analytical in
approach and comparatively longer. This may be accompanied by a memorandum or a letter
of transmittal having these important highlights: why the report is being made; purpose and
scope of the report; and sources of information.
FINAL REPORT

Final or Closing Report - This is a complete narration of facts based on an exhaustive

investigation of the case by the officer who initially started the investigation of the case.
Final report is also the result of summation, evaluation, analysis of all facts and
circumstances surrounding the case, tying all loose ends pertinent thereto so as to form a
clear and composite picture of the crime committed to the mind of the reader, for
prosecutorial and judicial action.