CHAPTER

III

AFFIDAVIT
GROUP 3
Affidavits
•These are types of verified, formal sworn statements of fact signed
by an affiant or author, and witnessed by a notary public. These
could be used as evidence in court proceedings.
•An AFFIDAVIT is a written statement form an individual which
sworn to be true. It is an oath that what the individual is saying is the
truth. An AFFIDAVIT is used along with witness statements to prove
the truthfulness in court.
Who Can Offer an Affidavit
•An individual can offer an affidavit as long as they have the
mental capacity to understand the seriousness of the oath.
The content of an affidavit reflect the personal knowledge of
the affiant or the individual making the statement.
•This means that an individual making an affidavit cannot be
penalized for failing to include information of which they
were not aware of.
Parts of Affidavit
1. Commencement - Refers to the affiant
•This is the beginning of the document where the
affiant or the person making affidavit is identified.
•A statement that the affiant is swearing under oath to
the truthfulness of the information contained in the
affidavit.
2. Individual Averments
•Refers to separate claims that are numbered as
mandated by law
•Averments: Also known as affirmation, these includes
a list of all the claims that are being made by the
affiant.
3. Statement of Truth
•Refers to the statement verifying that what is stated is true under
oath
•Statement of truth: a statement of truth is what states that
everything that is mentioned in the affidavits is true. A statement
of truth may be something like this: I solemnly swear that the
aforementioned are true and correct to the best of my knowledge
and belief.
4. Attestation
•Refers to a clause certifying the oath and the date
made by the affiant
•Attestation Clause: This is the portion where the oath
made by the affiant is certified. It is also consists of
the date.
5. Signature
•Refers to the signature of the affiant and the notary
public.
•Signatures: This is the last portion of the document
that includes the signature of the affiant, as well as
that of the wetness.
Example of affidavit
 1. Affidavit of complaint
Section 3 of rule 110 defines complaint as a sworn written
statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public law enforcer charged
with the enforcement of the law violated.
 This complaint may be filed in the prosecutor’s office. Filing of the
complaint is necessary to conduct preliminary investigation. The person who
may file a criminal complaint are the offended party refers to the person
against whom or against whose property the crime was committed, any peace
officers refer to any members of the Philippine National Police, and other
public officer charged with the enforcement of the law violated refers to
person in the government services
(ex. Authorized BIR agents, Customs agent etc.).
Parts of Affidavit of Complaint
1. the name of the accused
2. the designation of the offense by the statute
3. the acts or omissions complained of as constituting the offense
4. the name of the general offended party
5. the approximate time of the commission of the offense
6. the place wherein the offense was committed
Sample of Complaint
Affidavit
 5.That after the man took my shoulder bag, I screamed loudly the words
“magnanakaw!Magnanakaw! Habulin ninyo!”

6. That maybe because of twist of luck, a police car passed by right after the said incident
which immediately chased the two men in motorcycle. They crossed Espana Boulevard
and I already lost sight of them after several seconds.

7. That the two men, as I remembered, were both wearing jackets; the man in front,
driving was wearing a blue jacket and maong pants while the man at the back was
wearing a black jacket with maong pants. The man in front was wearing a helmet while
the man at the back was wearing a black cap.

8. The motorcycle was a red Yamaha motorcycle and instead of a plate number, a plate
with the words “for registration” was visible from the back.

9.Both men are of normal built, appeared to be “kayumanggi” or brown

-skinned and of average height.

10. That after a few minutes of standing at that street, a police mobile suddenly appeared
saying that the other policemen in the car which chased the two men in the motorcycle
reported the incident to them so they went to P. Noval area and found me standing in
front of a closed establishment, almost near Espana Boulevard.

11. That I was shaking and crying when the policemen came to get me. They brought me
to the a nearby police station where I narrated the incident.

12. After about 40 minutes in the police station, there were two policemen, later on
identified as PO2 Donna Mae Anne S. Gragasin and PO2 Mark Arthur Catabona, who
were accompanying two men who appeared to be the men who grabbed my hand bag.

13. Later on, I positively identified the two men as those who were in the motorcycle
because of the black cap, the blue and black jackets that they wear respectively.

14. That the shoulder bag that was snatched from me with force and intimidation was
withPO2 Catabona already who alleged that he got the same during the apprehension
that they did. All the things inside my bag were recovered in good condition.

15. That all these stated herein are true and were stated freely without any force or
intimidation done against me.16. To attest to the truthfulness of the foregoing, I, Rose
Anne D. Bala, complainant, attaches my signature below.
_________________________
Rose Anne D. Bala Complainant

SUBSCRIBED AND SWORN to before me, in the city of Manila, this 22nd day of
July,2012, the affiant exhibiting to me his Passport issued by Department of Foreign
Affairs Manila on15th of April 2012 at Roxas Blvd, Manila.

___________________________
Jonalene A. Pagala
Assistant City Prosecutor
2. Affidavit of Desistance

This refers to the complainant ,Who executes an affidavit of desistance . When he / she 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 is no longer interested in testifying or
prosecuting.

This is the only 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 offended party.
 REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA ) S.S.

I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate,

Sample of Affidavit Manila, after having duly sworn to in accordance with law hereby depose and state:

in
1. I am the complaining witness for Serious Physical Injuries against Jesus Santos
the case entitle "People of the Philippines versus Jesus

of Desistance Santos", Criminal Case No. 12345, Metropolitan Trial Court, Branch No. 11, City of
Manila.

2. After my sober and soul-searching assessment and analysis of the incident,

I have realized that because I was not wearing my eyeglasses and it was dark, I cannot
point out, without a doubt the accused or any other person/s who inflicted harm against
me.
3. Since I could not state with certainty and without doubt the liability of Jesus
Santos, in fairness to him, I am permanently withdrawing my complaint against him. I
clear him of whatever responsibility or liability to me.

4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint

for Serious Physical Injuries in Criminal Case No. 12345 entitled
"People of the Philippines versus Jesus Santos", Metropolitan Trial Court, Branch No. 11,
City of Manila.

5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to
dismiss with prejudice the said criminal case.IN WITNESS WHEREOF, I hereby set my
hand this __ day of September 20__ at the City of Manila.

Juan de la Cruz
Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the City of
Manila, Philippines.

Romeo Abad
Public Prosecutor
3. Affidavit of Arrest
This refers to a statement given under oath and penalty under perjury. It 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.
An arrest affidavit is a form a law enforcement official fills out in relation to an
arrest. Often, this form is completed when a police officer wants to secure an
arrest warrant. In such a case, it is used to present the facts of a case and
demonstrate probable cause for arresting an individual. The affidavit may be
presented to a magistrate or judge, who then determines whether or not to issue
the arrest warrant. This type of form may also be completed after an arrest has
already taken place in some jurisdictions. In this situation, it may be referred to
as an arrest report as well.
Every arrest affidavit must be signed by the party who prepared it. Law
enforcement officials are expected to take great care in preparing them and provide
detailed information. If an official leaves an important detail out or makes a
mistake with relating facts, his request for a warrant may be denied.
 Republic of the Philippines)
MAKATI CITY) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF ARREST

Sample of Affidavit of
We, SP01 Antonio Rodriguez and P02 Manuel Santos, both members of the Philippine
National Police, presently assigned at the Makati City, Police Station, do hereby depose
and state THAT:

Arrest 01.That on or about 11 o’clock in the evening April 25, 2008, I, 2nd affiant received a report
thru a phone call from Jose Garcia, security guard of Fiamma Bar in Jupiter St., Makati
City, that an alleged trouble in progress at Fiamma Bar.

02. That immediately after receiving the report, we proceeded in the reported place and
that thereat, we saw the persons of Baron Geisler, Patricia Martinez and Jose Garcia.

03. That upon interview on Patricia Martinez - she alleges that Baron Geisler committed
an act of lasciviousness with Patricia Martinez, by touching her breast and left thigh.

04. That we invited Baron Geisler to go with us in the Police Station to clarify things which
he readily acceded.

05. That we informed Baron Geisler that he is being held for allegedly committing acts of
lasciviousness and apprised him of his Constitutional Rights as stated in the Miranda
Doctrine. We then brought and indorsed the case for proper investigation.

06. IN TRUTH TO THESE WE HEREUNTO affixed our signatures below to the

truthfulness of the foregoing.

SP01 Antonio Rodriguez P02 Manuel Santos

1st Affiant 2nd Affiant

SUBSCRIBED AND SWORN to before me this ____ day of __________________

at Makati City, Philippines.

RODRIGO DELA CRUZ

Police Inspector Oath Administering Officer
4. Affidavit of Witness

It is a legal and binding document of written testimony of a witness as a way of evidence to be

presented to the court. It is usually filled out by a 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. This kind of affidavit can also be used to record the testimony of an expert witness in
certain cases. This affidavit has to be truthful and just give facts, not personal feelings or opinions.
 Republic of the Philippines )
____________, ________ ) s.s.
Sample of Affidavit of x- - - - - - - - - - - - - - - - - - - - - -x

Witness
AFFIDAVIT OF WITNESS
I, ________________________, age, civil status, resident
of __________________________, _________, after having sworn in accordance with l
aw, dohereby depose and state THAT:

01. I was present and personally saw that accused, __________, committed thecrime of
___________________________ against the victim _______________;

02. (State other circumstances and the relation either to the victim or accused orboth);

03. (State the details of the acts committed by the accused against the victim.

04. (State the acts done by the witness and the reason thereof);

I executed this affidavit to attest the truthfulness of the foregoing facts and to
support the filing of Criminal Cases against
_______________________________ or violations of ________________________.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this ___ day of ____________

at ____________, _______________.

Affiant
SUBSCRIBED AND SWORN to before me this ___ day of _______
at _______________. I HEREBY CERTIFY that I have personally examined the herein
affiants and I am satisfied that they voluntarily executed and understood their given
affidavit.
_____________________
Notary Public