LEARNING MODULE IN LEGAL FORMS

MODULE 4

OBJECTIVE

 Discuss the use of Legal Forms of

Philippine National Police (PNP) and other
pleadings.

WHAT IS AFFIDAVIT

AFFIDAVIT – it is a sworn statement in writing sworn before a notary or other officers

entitled to administer oaths or take acknowledgments.

Sample forms of Affidavit

1. AFFIDAVIT OF BIRTH– is a document submitted to a Court, State or other institution that

helps verify a person’s birth information and can be used if the birth record is incomplete.
FOR NLPSC USE ONLY

Republic of the Philippines)

Province of Ilocos Sur )s.s.
Municipality of Sta. Lucia )

AFFIDAVIT OF BIRTH BY (2) TWO

DISINTERESTED PERSONS

We, ________________ and ________________, both of legal age, Filipino citizens

and both are residents of ___________,______________, after having been sworn to in
accordance with the law hereby depose and say:

That we personally know and intimately know _______________ (name of the

child), the _______ of the Spouses _________ and ____________ (parents), being our
close friend and long acquaintance in the said locality;

That we know the fact that __________ (name of the child) was born on _________
at ____________________;

That we know the fact of her birth for it is still a custom in our place to visit a newly
born child as a gesture of love and affection;

That we are executing this Affidavit to attest to the truth of the foregoing statement
further established the parentage and date of birth of ______________ (name of the
child)and for all legal intents it may deem serve.

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IN WTINESS THEREOF, we hereunto affix our signature this day ____day

of_________, ________ at __________,_________________ Philippines.

_____________________ _______________________
Affiant Affiant
ID. No. ________ ID No. ___________

SUBSCRIBED AND SWORN TO before me this ____ day of _________, _______ at

________________________, Philippines.

Doc No. _______;

Page No._______;
Book No._______;
Series of ______.

2. AFFIDAVIT OF DISCREPANCY BY TWO (2) DISINTERESTED PERSONS – is a

statement under oath attesting the truthfulness of a fact, in this case, the discrepancy in the
entries in documents, with the purpose of explaining and clearing a discrepancy.

Republic of the Philippines )

Province of Ilocos Sur )s.s.
Municipality of Sta. Lucia )

AFFIDAVIT OF DISCREPANCY BY
TWO (2) DISINTERESTED PERSONS

We, __________and ________________, both of legal age, Filipino citizens, and

both are residents of Barangay __________________________, after having been sworn to
in accordance with law hereby depose and say:

That we personally and intimately knowthe late, ___________________________,

the daughter of the late Spouses_________ and __________, being our close friend and
long acquaintance in our community;

That we certainly know the fact that she had been known in the community by the said
first name – ________________and duly acknowledged and even recorded in all of her
pertinent documents and legal transactions;

That, however, upon securing and verifying a copy of her _______________ issued
by the Office of the __________________________________________, we found out that
her first name was erroneously entered therein as ___________________instead of
______________, her true and correct first name;

That we are executing this Affidavit to attest to the truth of the foregoing statements
to establish the fact that the names- ___________________ and _________________

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refers to one and the same person and to request the office concern to make the necessary
correction in the aforementioned document and for legal intents it may deem serve.

IN WITNESS WHEREOF, we hereunto affix our signatures this ___ day of

_______________at _________________________________, Philippines.

________________________ ________________________
Affiant Affiant
ID No.___________________ ID No.____________________

SUBSCRIBED AND SWORN TO before me this ____ day of _____________ at

____________________________________, Philippines.

Doc. No.______;
Page No.______;
Book No.______;
Series of ______.

AFFIDAVIT OF ARRESTING OFFICER

AFFIDAVIT OF ARRESTING OFFICER – 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.

Sample of Affidavit of Arresting Officers

Republic of the Philippines )

____________, ________ ) s.s.

x- - - - - - - - - - - - - - - - - - - - - -x

JOINT AFFIDAVIT OF ARREST

We, the UNDERSIGNED Police Officers, both members of the Philippine

National Police, presently assigned at the __________________________,
_________, _____________, do hereby depose and state THAT:

01. We are among the members of the

___________________________________ who conducted entrapment operations
at _______________________ located along
________________________________, _______________;

02. Said operation stemmed from the complaint of _____________ for

violation of ______________________________________ which was referred to

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our office by the ______________________________ against

_____________________, (age), (civil status), (nationality) and residing at No.
__________________________, __________________;

03. On the complaint dated _______________, (state the act and the
crime committed).

04. Upon receipt of their said complaint, our office planned out an
entrapment operation against the suspect. At about ______________ of
______________, the undersigned together with the complainant proceeded at the
pre-arranged pay off _________________________ located along
____________________________, __________ to give the money being asked by
the respondent;

05. Upon arrival thereat, complainants waited for the suspect to arrive
while we the undersigned seated near the table of the complainants. At about
________, suspect arrived and approached the complainants and after few
conversation, complainants handed over the marked money to the suspect that
minutes of prompted the undersigned to immediately effect arrest;
06. Seized and recovered in the possession and control of the arrested
person were the following, to wit:

a.) Marked Money, (state the denomination and serial numbers);

b.) (Name of documents promised);
c.) (type of CP and SIM Card); and
d.) Other evidence confiscated;

07. Suspect together with the seized and recovered evidence was
brought to the ___________________________________, ____________,
___________ for booking and proper disposition. Likewise, the arrested person was
apprised of their rights as provided for under the Constitution of the Philippines.

08. The report of the PNP Crime Laboratory Group Physical

Identification Report No. ___________ dated __________, revealed that suspect
______________________ was POSITIVE for the presence of Bright Yellow
Ultraviolet Fluorescent powder on both palm and right dorsal portion of the hands.

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

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, we hereunto affixed our signature this ___day of

____________ at ____________, _______________.

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_______________________________ ____________________________

Affiant 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.

_____________________

Administering Officer

AFFIDAVIT OF COMPLAINT OR COMPLAINT AFFIDAVIT - is a sworn statement prepared

by someone who wishes to file a legal complaint. Such statements are filed when people
wish to file suit against someone for a violation of civil law and they can also be involved in
criminal cases, when a victim files a formal complaint with the assistance of law
enforcement.

SAMPLE:

Republic of the Philippines )

Province of ___________ )s.s.
_____________________ )

AFFIDAVIT-COMPLAINT

I, ___________________, of legal age, married, Filipino citizen and a resident of

Barangay ____________________________, after having duly sworn to in accordance with
law hereby depose and state THAT:

1. I am the registered owner of a vehicle which is more particularly described as follows;

MAKE…………………………………………..Mitsubishi
SERIES…………………………………………Montero SPT GLS
DENOMINATION…………………………….Sports Utility Vehicle
ENGINE No……………………………………4N15UAY3961
CHASSIS No…………………………………..MMBGUKR10GH032419
PLATE No………………………………………IAA 7372
CR No……………………………………………189050621
OR No…………………………………………….1414086085

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Copy of the Certificate of Registration, Original Receipt, and pictures of the

said vehicle are hereto attached and marked as Annex “A and series”;

2. In _____________, I went in Canada to work, I entrusted the said vehicle to my

daughter, ____________________ and she brought the same in
_____________________ because she was living there with her family;

3. On the same month, my son, _____________________ and his common law

spouse, _______________________, who were in Greece that time, asked my
consent to borrow the subject vehicle from my daughter________________ and to
turn over to a _______________for custody purposes only;

4. I adhered to the request of my son, _____ because __________________ are

bestfriends and the subject vehicle was bought from the hard earned money of my
son, Joel;

5. In March 2020, I asked my son, _____ that we would use the subject vehicle as our
service vehicle because my son, ___________________had a vacation then and
that time, I and my son, _________ noticed that the running mileage of the subject
vehicle was already more than ten thousand (10,000);

6. While in Canada until I went home in September, 2019 and we even used it in March,
2020, all I thought the subject vehicle was in good hands but I was shocked when I
learned on March 8, 2021 that the said vehicle was already mortgaged or used as a
security for a loan by ______________ WITHOUT my consent and WITHOUT
signing any document in favor of one-__________________, who is currently in
possession of the said vehicle;

7. Since I was alarmed by the information, I immediately reported this matter to the
concern authorities to protect my rights and interest over the vehicle as the registered
owner, copy of the Police Blotter is hereto attached and marked as Annex “B”;

8. I sent an Initial Demand Letters to _______________and _____________ to be

informed of this negotiation made by _________ WITHOUT my knowledge nor
WITHOUT the knowledge and consent of my son, _____, copies of the Initial
Demand Letters to ___________ and ____________________ are hereto
attached and marked as Annex “C and Series”;

9. The initial demand letter to _____________ returned to me through the law office of
Atty. Mary Luz H. Galleta on March 24, 2021 with a remark…”unknown at given
address”, copy of the envelope and the return card attached to it is hereto
attached and marked as Annex “D and series”;

10. But prior to that, on March 18, 2021, I and Carolina met in the law office of Atty.
Mary Luz H. Galleta for a conference and she admitted there that her address is #68
_____________________, so it was impossible for her in not receiving the initial
demand letter;

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11. On March 16, 2021, I received through Atty. Mary Luz H. Galleta a reply from
_______________________ lawyer through e-mail but on March 19, 2021, I and
one- _____________________. went to the house of ___________________ hoping
to settle this matter amicably, she admitted that she is in possession of the subject
vehicle, that the subject vehicle was given to her by ________________ as a
security of her loan amounting to seven hundred thousand pesos only (P
700,000.00) and she would only return the same if ____________ would pay her the
subject loan;

12. I am NOT aware of all the transactions between ____________ and

_______________ particularly the security of the subject loan, I did NOT even sign
any document giving authority to ______________ to mortgage nor any transaction/s
involving the subject vehicle, thus, all actions taken by ____________ were made
intentionally and unlawful against me being the registered owner of the subject
vehicle, as obviously seen in the Certificate of Registration and Original Receipt of
the subject vehicle;

13. That to support my claim, the Affidavit of my Witness is hereto attached and
marked as Annex “E”;

14. That I am executing this Affidavit-Complaint to attest to the truth of the

foregoing and for the purpose of filing a Criminal Complaint against herein
respondents, ______________________, a resident of
_______________________________ and __________________, a resident of
_________________________________for Violation of Anti-Carnapping Act and
damages.

________________________
Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of ____, 2021 in

______________________, ____________________, Philippines.

NOTE: To be subscribe by the Honorable Prosecutor.

AFFIDAVIT OF WITNESS

AFFIDAVIT OF WITNESS–An affidavit is a sworn written statement from a witness in a

case. It is a document that sets out the evidence that the witness wants to give. The witness
who swears an affidavit is known as a deponent. They will check that the person swearing
the oath has read the affidavit and fully understands its contents.

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SAMPLE:

Republic of the Philippines )

____________, ________ ) s.s.

x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, ________________________, age, civil status, resident of

__________________________, _________, after having sworn in accordance with law, do
hereby depose and state THAT:

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

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

Doc. No.____;
Page No.____;
Book No.____;
Series of 2021.

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APPLICATION FOR SEARCH WARRANT

SEARCH WARRANT - A search warrant is a written order, signed by a judge, directing alaw
enforcement officer to conduct a search of a person or property and seize property specified
in the warrant.

Persons or Property which may be seized with a warrant. A warrant may be issued to search
for and seize any of the following:

1. Any property found in plain view that constitutes evidence of the commission of a criminal
or criminal traffic offense, including any contraband, fruits of a crime or things otherwise
criminally possessed or property designed or intended for use which is or has been used as
the means of committing a criminal or traffic offense;

2. Contraband, the fruits of crime, or things otherwise criminally possessed;

3. Property designed or intended for use or which is or has been used as the means of
committing a criminal offense;

4. Hair, DNA, fibers, semen, urine, blood, fingerprints or photograph(s) from an individual;

5. A person for whom there is probable cause for their arrest, and/or;

6. Items that tend to establish ownership or control of property or premises.

APPLICATION. The person who is requesting the warrant shall prepare a document to be

known as a duplicate original warrant and shall read such duplicate original warrant,
verbatim, to the judge. The judge shall enter, verbatim, what is so read to such judge on a
document to be known as the original warrant. The judge may direct that the warrant be
modified.

Sample of Application for Search Warrant

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____, MANILA

PEOPLE OF THE PHILIPPINES

Plaintiff

SEARCH WARRANT NO._____

-versus- FOR:

x------------------------------------------x

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APPLICATION FOR SEARCH WARRANT

The Applicant, ____________________ of the ________________________,

____________________, after having been duly sworn, states:

That on _________., __________ personally appeared to the office of

________________ and reported that SUBJECT OF S.W, located at
__________________________________ is engaged in the illegal operation of
_______________________________; (See Photos and Sketch as Annex “A”).

That relative to the said information, at around ________, the informer and
_________ together with the undersigned conducted investigation and surveillance
operation at ___________________, located at _____________________________,
__________. The undersigned together with ____________ and _____________ inquires to
the said office about _______________.

That on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal
activities). (See photos & sketch and See Attached Calling Card, List of Requirements,
Studio Romano Job Order Form & MTC Job Information as Annexes “B” - “C”)

(modus operandi).

Further, investigation conducted disclosed that _________________________.

On the ensuing investigation, SUBJECT OF SW, ________________found to be

engaged in the operation of illegal activities;

That on the said investigation and surveillance operation the undersigned confirmed
and believes that SUBJECT OF SWand/or any of its Officer, Agents, employees of
_____________________________________, __________ is indeed engaged in
________________________despite the fact that the said office is ________________and
is not licensed to __________________.

The properties, articles, objects and items which are used and/or intended to be used
in the commission of the afore-stated offense in the possession of the SUBJECT OF S.W
includes the following:

a. Leads

b. ....

The undersigned has personally verified the report thru surveillance and investigation
activities together with _________________and _______________, to ascertain the veracity
thereof and found the same to be true and correct;

PRAYER

WHEREFORE, the Undersigned respectfully prays:

a. that the Honorable Court include in the Search Warrant and express authority to
conduct the raid of the above-mentioned premises at any time of the day or

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night including SATURDAYS and SUNDAYS considering that these are the
days when the customer traffic are at its peak and to break open the premises to
be searched should the owner thereof refuse entry in the premises or is absent
therein.

b. that this Honorable Court cause the immediate issuance of a Search Warrant
commanding any Peace Officer to conduct a search on the above-described
premises and to seize the above-described items to be dealt with as the law
directs;

(Date), (Place).

________________

Applicant

SUBSCRIBED AND SWORN TO before me this _______ day of

_____________, ______

______________________

Presiding Judge

VERIFICATION/CERTIFICATION OF
NON-FORUM SHOPPING

I, ____________, of legal age, married, Filipino citizen, and a resident of Barangay

__________, _____________________, after having been duly sworn to in accordance with
law, hereby depose and say:

That I am the ___________ of the above-entitled Complaint;

That I caused the preparation of the aforementioned Complaint and the contents are
true and correct to my own personal knowledge and based on authentic records;

That the allegations in the pleading are true and correct based on his or her personal
knowledge, or based on authentic documents;

That the pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and

That the factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for discovery.

That I have not caused the filing of any similar action in the Court of Appeals,
Regional Trial Court, Supreme Court, or any government instrumentality and there is no
pending case involving the same cause of action in the Supreme Court, Court of Appeals or
any government instrumentality except this present petition and if ever I found out that there
exist any pending case in any court, or government instrumentality, I undertake to report this
to the Honorable Office within five (5) calendar days from knowledge thereof.

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_____________________
Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of __________, ______

at ___________________________, Philippines.

Doc.No.______;
PageNo.______;
Book No. _____;
Series of _____.

COMPLAINT

A COMPLAINT is any formal legal document that sets out the facts and legal
reasons that the filing party or parties believes are sufficient to support a claim against the
party or parties against whom the claim is brought that entitles the plaintiff to a remedy.

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. It is pleading alleging the plaintiff’s cause
or causes of action. The names and residences of the plaintiff and defendant must be stated
in the complaint.

In Civil Law, a “complaint” is the very first formal action taken to officially begin a
lawsuit. This written document contains the allegations against the defense, the specific laws
violated, the facts that led to the dispute, and any demands made by the plaintiff to restore
justice.

Sample of Complaint

Republic of the Philippines

Metropolitan Trial Court
____________

People of the Philippines Criminal Case No.

vs

Accused

x--------------------------------x

COMPLAINT

The undersigned, Chief of Police of ___________________, accuses

_______________In the municipality of ____________________, province of

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_____________________________,Philippines, the said accused did then and

there, willfully, unlawfully, and feloniously, with malice and aforethought, attacked
_______________________ with ________, wounding the latter in the
_______________, producing wounds which are necessarily fatal, thereby causing
the immediate death of said _____________________________.

Contrary to law.

___________, __________________________, 20___.

____________________________

Chief of Police of ______________

SUBSCRIBED AND SWORN before me this _____________ day of

____________ 20___________ in the province of ________________________.

________________________

JUDGE

DEPOSITION OF WITNESS

A deposition is a witness's sworn out-of-court testimony. It is used to gather

information as part of the discovery process and, in limited circumstances, may be used at
trial. The witness being deposed is called the "deponent."

The deposition has two purposes: To find out what the witness knows and to
preserve that witness' testimony. The intent is to allow the parties to learn all of the facts
before the trial, so that no one is surprised once that witness is on the stand.

Sample of Deposition of Witness

Republic of the Philippines

REGIONAL TRIAL COURT
__________________________________
Branch ___________, Quezon City

PEOPLE OF THE PHILIPPINES SEARCH WARRANT

NO.____

Plaintiff

-versus- For

_________________________ _________________________

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Respondent

x------------------------------------------x

DEPOSITION OF WITNESSES

We, _______________________________ after having been duly sworn to

testifies, as follow:

Q- What is your name and other personal circumstance?

A- We are_______________ and _________________ both of legal
ages, and (civil status) and presently assigned with the
_________________;
Q- Do you know ____________________, the applicant for Search
Warrant?
A-
Q- Do you know the premises of _____________________________,
A-

Q- Do you have personal knowledge that in said premises the following

properties are being kept, being used or intended to be used without
proper documents, to wit: _______________
A-

Q- Do you know who is or who is the person or persons who have or have
control of him above-described properties?
A-

Q. How did you know that the said properties are kept in his/her premises
which are subject of the offense?
A- We conducted discreet surveillance and it was confirmed that
________________ is keeping ___________________ in his/her
premises/ residence.

_________________________ ____________________
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___________ day of

_______________ 1999 at ________________________.

________________________
Judge

MEMO FOR PRELIMINARY INVESTIGATION

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Preliminary investigation defined; when required. Preliminary investigation is an

inquiry or proceeding to determine whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.

What is the purpose of Preliminary Investigation?

A preliminary investigation is an inquiry or proceeding to determine whether there is a

sufficient ground to engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof and should be held for trial.

The following may conduct preliminary investigations:

1.Provincial or City Prosecutors and their assistants;

2. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
3. National and Regional State Prosecutors; and
4. Other officers as may be authorized by law.

Is hearsay evidence admissible in Preliminary Investigation?

 Probable cause can be established with hearsay evidence, as long as there is

substantial basis for crediting the hearsay. Hearsay evidence is admissible in
determining probable cause in a preliminary investigation because such investigation
is merely preliminary, and does not finally adjudicate rights and obligations of parties.

MOTION FOR RECONSIDERATION

A motion for reconsideration shall point out specifically the findings or conclusions
of the judgment or final order which are not supported by the evidence or which are contrary
to law, making express reference to the testimonial or documentary evidence or to
provisions of law alleged to be contrary to such findings or conclusions.  

PURPOSE:The purpose of filing a motion for reconsideration within the period to appeal is to
allow an inferior court to correct itself before review by a higher court. However, if the motion
for reconsideration is filed beyond such period, the motion ipso facto forecloses the right to
appeal.

Sample form of Motion for Reconsideration

Republic of the Philippines

REGIONAL TRIAL COURT
First Judicial Region
Narvacan, Ilocos Sur

BRANCH ___

Heirs of ______________,
Plaintiffs-Appellees,

-versus- Civil Case No. ________

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For: Recovery of Possession,

Ownership, and Damages

_______________________
Defendants-Appellants.
x------------------------------------------------------------------------------------------x

MOTION FOR RECONSIDERATION

COME NOW HEREIN PLAINTIFFS-APPELLEES, by Counsel and unto this

Honorable Court most respectfully state THAT;

1.On August 12, 2021, herein Plaintiffs-Appellees received the DECISION of this Honorable
Court dated January 4, 2021, the dispositive portion of which states:

“WHEREFORE, based from the foregoing discussion, the Decision

dated 23 August 2018 by the 6 th MCTC, Santiago-San Esteban, Ilocoso
Sur is hereby REVERSED and SET ASIDE. Judgment is hereby
rendered:
1. DECLARING defendant-appellant ______________ as the owner of
the 2,174 square meter portion of land erroneously included in Lot
No. 1086 covered by Original Certificate of Title No. P-9027 in the
name of the Heirs of ________________;

2. ORDERING the Plaintiffs-Appellees, Heirs of ______________, to

reconvey the 2, 174 square meter portion of Lot No. 1086 covered by
Original Certificate of Title No. P-9027 in favor of Defendant-
Appellant _______________; and

3. DENYING the claim of attorney’s fees and expenses of litigation for

lack of basis in fact and law.”

SO ORDERED.

2. Herein plaintiffs-appellees have 15 days from receipt or until August 27, 2021 to file this
Motion for Reconsideration;

3.Herein plaintiffs-appellees plead for the consideration of the assailed Decision based on
the following justified reasons/grounds, to wit;

a. Herein plaintiffs-appellees and their predecessors-in-interest were in possession over

the land in dispute considering that herein plaintiffs-appellees and their tenants were
working, tilling, and cultivating the land in dispute since 1950s, thus, herein plaintiffs-
appellees have both physical and constructive possession as owners over Lot No.
1086 with an area of FIVE THOUSAND SIX HUNDRED FIFTEEN (5,615) square
meters as evidenced by ORIGINAL CERTIFICATE OF TITLE No. P-9207 and Tax
Declaration ARP No. 007-01052 with Property Identification No. 007-18-007-34-019
registered in the name of Evelyn Benitez, further, herein plaintiffs-appellees have in
possession first of the land in dispute and a Tax Declaration over the same, following
the Ruling in the case of Modesto Palali vs Juliet Awisan represented by
Gregorio Awisan, GR No. 158385, February 12, 2010…”All told, we hold that as
between the petitioner and the respondent, it is the petitioner who has the
better claim or title to the subject property. While the respondent merely relied

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on her tax declaration, petitioner was able to prove actual possession of the
subject property coupled with his tax declaration. We have ruled in several
cases that possession, when coupled with a tax declaration, is a weighty
evidence of ownership.[39] It certainly is more weighty and preponderant than a
tax declaration alone.

The preponderance of evidence is therefore clearly in favor of petitioner,

particularly considering that, as the actual possessor under claim of
ownership, he enjoys the presumption of ownership.[40];

b. The area in dispute was clearly owned by herein plaintiffs-appellees, their ownership
was based on a Title issued in 1974(OCT No. P-9207) while herein defendants-
appellants’ claimed of ownership was based on a 1985 Deed of Absolute Sale, it was
more than ten (10) years in good faith that herein plaintiffs-appellees and their
tenants working, tilling, and cultivating the portion of the land in dispute WITHOUT
any objection/opposition from herein defendants-appellants and their predecessors-
in-interest, thus, they were not aware of the exact metes and bounds of their
property, as compare to herein plaintiffs-appellees that they were aware of the exact
area of Lot No. 1086 following the provisions of Article 434 of the Civil Code;

c. Worthy to note, that when herein defendants-appellants executed in 1985 the subject
Deed of Absolute Sale, they were not even sure that ____________ and sister really
owned the property being surviving heirs of the late _______________ considering
that the latter died as a Bachelor;

d. Herein defendants-appellants action to question the Certificate of Title(OCT No. P-

9207) has prescribed. Under the Torrens System as enshrined in P.D. No. 1529, the
decree of registration and the Certificate of Title issued become incontrovertible upon
the expiration of one (1) year from the date of entry of the decree of registration;

e. Based on the foregoing, although a Certificate of Title cannot be considered as

conclusive evidence of ownership but it is the initial basis of ownership which was
issued after thorough examination and compliance of the requirements of acquiring
the same by the concern government land offices, the area (5, 615 square meters) in
the Original Certificate of Title No. P-9207 cannot be questioned based on an error
resulting from the Cadastral Survey and Lot Computation in 1974 considering the
Presumption of Regularity of the work of the surveyors, as held in the case of
Republic of the Philippines vs Amor Hachero, GR No. 200973, May 30,
2016…”The doctrine in Bustillo vs People,19 In sum, the petitioners have in their
favor the presumption of regularity in the performance of official duties which
the records failed to rebut. The presumption of regularity of official acts may
be rebutted by affirmative evidence of irregularity or failure to perform a duty.
The presumption, however, prevails until it is overcome by no less that clear
and convincing evidence to the contrary. Thus, unless the presumption is
rebutted, it becomes conclusive. Every reasonable intendment will be made in
support of the presumption and in case of doubt as to an officer’s act being
lawful or unlawful, construction should be in favor of its the lawfulness.”

f. Based on the foregoing, the area of Lot No. 1086 in the Original Certificate of Title
No. P-9207 is valid in all aspect because it was also based on the Lot Computation
and Cadastral Survey made by the government agencies concern which signed and
issued the same, as held in the case of HEIRS OF MARGARITO PABAUS namely,
FELICIANA O. MASACOTE, MERLINDA P. CAILING, MAGUINDA P. ARCLETA,

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ADELAIDA PABAUS, RAUL MORGADO AND LEOPOLDO MORGADO vs HEIRS

OF AMANDA YUTIAMCO, GR No. 164356, July 27, 2011…

“Survey is the process by which a parcel of land is measured and its

boundaries and contents ascertained, also a map, plat, or statement of the result of
such survey, with the courses and distances and the quantity of the land. 28”

Further, in the case of Reynaldo Baloloyet, et. Al vs Alfred Hular, GR No. 157767,
September 9, 2004, the significance of cadastral survey was discussed…

“As succinctly observed by the respondent Court of Appeals in assessing the

totality of the evidence. We do not agree with the defendants that they are also the
occupants and possessors of the subject lot just because it “is adjacent to their titled
property.” Precisely, the boundaries of defendants’ titled property were determined,
delineated, and surveyed during the cadastral survey of Dipolog and thereafter
indicated in their Certificate of Title in order that the extent of their property will be
known and fixed. Since the subject lot was already found to be outside their titled
property, defendants have no basis in claiming it or other adjacent lots for that
matter. Otherwise the very purpose of the cadastral survey as a process of
determining the exact boundaries of adjoining properties will defeated.”

Furthermore, the Supreme Court discussed the purpose and value of cadastral
survey again in the case of SPOUSES DOLORES MIRANDA PROVOST and JEAN
PROVOST vs COURT OF APPEALSet. al., GR No. 160406, June 26, 2006, it
held…”Considering that there is already an existing and correct Cadastral Survey of
Barangay Tupsan and absent any showing that the same is erroneous that plan should be
the basis to delineate boundaries” and as pointed out correctly by the Lower Court in its
Decision dated August 23, 2018, page 7…”Likewise, the Cadastral Surveys of the two (2)
lots (Lot No. 1086 and Lot No. 1142) have been made in 1971 or more than four (4) decades
has lapsed, however, neither the defendant nor her predecessors-in-interest, who alleged to
have been prejudiced, questioned the area contained in these documents if indeed there
were errors.”

g. As to Attorney’s fees as part of the damages awarded to herein plaintiffs-appellees

was justified also by the provisions of Article 2208 (2) of the Civil Code…” In the
absence of stipulation, attorney’s fees, and expenses of litigation, other than judicial
costs, cannot be recovered, except;

1.When exemplary damages are awarded;

2.When the defendant’s act or omission has compelled the plaintiff to litigate
with third persons or to incur expenses to protect his interest;
3.In criminal cases of malicious prosecution against the plaintiff;
4.In case of a clearly unfounded civil action or proceeding against the plaintiff;
5.Where the defendant acted in gross and evident bad faith in refusing to satisfy the
plaintiff’s plainly valid, just, and demandable claim;
6.In actions for legal support;
7.In actions for the recovery of wages of household helpers, laborers, and skilled
workers;

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8.In actions for indemnity under workmen’s compensation and employer’s liability
laws;
9.In a separate civil action to recover civil liability arising from a crime;
10. When at least double judicial costs are awarded;
11.In any other case where the court deems it just and equitable that attorney’s fees
and expenses of litigation should be recovered.

In all cases, the attorney’s fees and expenses of litigation must be

reasonable.” (emphasis supplied)

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court to REVERSE AND SET ASIDE the assailed Decision and issue a new
DECISION in favor of herein plaintiffs- appellees declaring them as the lawful owners of
the 2,174 square meters which is a portion of Lot 1086 covered by OCT No. P-9207
encroached by herein defendant-appellant, _________________ and to reconvey the
same to herein plaintiffs- appellees and to pay herein plaintiffs-appellees the amount of
Php 30,000.00 as Attorney’s fees.

Other reliefs which are just and equitable are likewise prayed for.

Sta. Lucia for Narvacan, Ilocos Sur, August ____, 2021.

ATTY.MARY LUZ H. GALLETA

Collaborating Counsel for the Plaintiffs-Appellees
IBP Lifetime No. 016547/5/10/17/Pasig City
Roll No. 68821
TIN 218-009-786
PTR OR No.0529204/January 4, 2021/Candon City, Ilocos Sur
MCLE Compliance No.VI-0007241
valid until April 14, 2022
Mobile No. 0906-672-6887
Attymaryluzgalleta@gmail.com

Notice of Hearing

The Clerk of Court

RTC, Branch 72
Narvacan, Ilocos Sur

Greetings!

Please submit the foregoing Motion for Reconsideration immediately upon receipt
hereof for the information of the Honorable Court and submit the same for resolution or set
the same for hearing as it deemed necessary for resolution as provided under Sec. 6, Rule
15 of the 2019 Amendments to the 1997 Rules of Procedures preferably on September 14,
2021, Tuesday @ 9 o’clock in the morning subject to the availability of the Court calendar.

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ATTY. MARY LUZ H. GALLETA

Copy furnished:

___________________

EXPLANATION

A copy of this Motion was served through registered mail due to distance and for lack
of personnel to effect personal delivery.

ATTY. MARY LUZ H. GALLETA

NOTICE OF APPEAL

The form completed by the appellant to start the appeal process. It shall indicate the
parties to the appeal, specify the judgment or final order or part thereof appealed from,
specify the court to which the appeal is being taken, and state the material dates showing
the timeliness of the appeal.

A notice of appeal is the paper you file in the superior court where your case was
decided to let the court and the other side know that you are appealing the court's decision.
Filing a notice of appeal begins the entire appeals process.

WHAT IS THE MAIN PURPOSE OF THE APPEALS COURT?

The appellate courts do not retry cases or hear new evidence. They do not hear
witnesses testify. There is no jury. Appellate courts review the procedures and the decisions
in the trial court to make sure that the proceedings were fair and that the proper law was
applied correctly.

SAMPLE OF NOTICE OF APPEAL

Republic of the Philippines

7th MUNICIPAL CIRCUIT TRIAL COURT
First Judicial Region
Banayoyo-Lidlidda-San Emilio
Banayoyo, Ilocos Sur

__________________________,
Plaintiffs-Appellees,

-versus- Civil Case No. _______

For: Quieting of Title
and Recovery of Possession

______________________,
Defendant-Appellant.

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X__________________________________________X

NOTICE OF APPEAL

COMES NOW HEREIN DEFENDANT - APPELLANT, ______________, by

Counsel, most respectfully avers THAT:

1. A RESOLUTION was received by herein Defendant-Appellant on July 8, 2020

denying the Motion for Reconsideration dated March 11, 2020 of the JUDGMENT of
the above-entitled case dated November 25, 2019 , the dispositive portion states….;

“WHEREFORE, the Motion for Reconsideration is hereby DENIED for lack of

merit.”

2. Herein Defendant-Appellant has until July 23,2020 within which to file an Appeal;

3. Herein Defendant-Appellant hereby file this Notice of Appeal from the Decision of this
Honorable Court in the above-entitled case and appeals the same to the Regional
Trial Court, Narvacan, Ilocos Sur;

4. Herein Defendant-Appellant humbly request that the records of the case be

forwarded to the Regional Trial Court, Narvacan, Ilocos Sur;

5. Herein undersigned Counsel respectfully request that all notices and orders of the
Honorable Court be furnished to herein undersigned’s mailing address.

Sta. Lucia for Banayoyo, Ilocos Sur. date.

ATTY. MARY LUZ H. GALLETA

Collaborating counsel for the Defendant- Appellant
Barangay Barangobong, Sta. Lucia, Ilocos Sur
IBP Lifetime No. 016547/5/10/17/Pasig City
Roll No. 68821
TIN 218-009-786
PTR OR No.0497315/January 2, 2020/Candon City, Ilocos Sur
MCLE Compliance No.VI-0007241
valid until April 14, 2022
Mobile No. 0906-672-6887

Copy furnished:

Name of the opposing lawyer

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COMMITMENT ORDER

A court order that says a person must be kept in custody, usually in a jail or mental
institution.

A written order of the court, or any agency authorized by law to issue, entrusting an
inmate to a jail for the purpose of safekeeping during the pendency of his/her case.

SAMPLE FORM

Republic of the Philippines

National Capital Judicial Region

Branch IN RE: Petition for the Compulsory SP:___________________

Confinement of Drug Dependent
Who Refuses to Apply
Under the Voluntary Submission Program

DANGEROUS DRUGS BOARD,

Petitioner.
x--------------------------------------------------------x

PETITION

COME NOW the Petitioner, Dangerous Drugs Board (DDB for brevity) and unto this
Honorable Court most respectfully AVER:

NATURE OF THE PETITION

1. This Petition for the compulsory confinement of a drug dependent is pursuant to Section
61, Article VIII of RA 9165, otherwise known as the “Comprehensive Dangerous Drugs Act
of 2002, in relation to Board Regulation No. 3, Series of 2003;
PARTIES
2. The Petitioner, Dangerous Drugs Board is a government agency under the Office of the
President is created pursuant to Section 77, Article IX of RA 9165, otherwise known as
“Comprehensive Dangerous Drugs Act of 2002”, with office address located at 3rd Floor,
DDB-PDEA Building, NIA Northsite Road, National Government Center, East Triangle,
Diliman, Quezon City, represented herein by its Executive Director, Undersecretary JOSE
MARLOWE S. PEDREGOSA while the drug dependent subject of this Petition is a Filipino,
of legal age, single with residence and postal address at
___________________________________________;

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3. That under Section 61, Article VIII of the Act, any person determined to be dependent on
dangerous drugs, shall upon Petition by the Board or by any duly authorized representative
be confined for treatment and rehabilitation in a center duly designated or accredited for the
purpose;

4. That based on the report given to the Office by initial investigation was conducted by the
Petitioner and found that there is good reason to believed that is a drug dependent and that
his confinement for treatment and rehabilitation in any government rehabilitation center will
be for the welfare of the drug dependent, his family and the community as a whole;

5. That said drug dependent, despite repeated advice, refuse to submit himself to be
examined by a DOH-accredited physician and likewise refused to submit himself for
voluntary confinement, treatment and rehabilitation, hence, this Petition.

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court

that after notice and hearing and finding to be a drug dependent, an Order be issued:

1. Directing the drug dependent, or any person / institution having custody of the said drug
dependent to confine him for not less than six (6) months but not more than one (1) year at
the , and to stay therein until such time as he shall have been rehabilitated as a certified to
by the said Center and return to Court for his discharge there from.

2. Directing the head of the said Center to submit a quarterly report to the Court and the
Board or as often, as required on the progress of the treatment.

QUEZON CITY, this day ________________of ___________________ , __________.

DANGEROUS DRUGS BOARD:

Atty. _______________________
OIC, Executive Director

By:
Atty. _________________
Legal Officer, DDB
_____________________
Duly Authorized Representative

With my Conformity:

________________________

VERIFICATION

I, ____________of legal age, Filipino citizen and a resident of Barangay

_____________, Sta. lucia, Ilocos Sur, after having been duly sworn to in accordance with
law, do hereby depose and say:

That I am the ____________in the above-entitled case;

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That I have caused the preparation and filing of the above-entitled ____________
which I have read and understood the contents thereof which are true and correct to my own
personal knowledge and based on authentic records;

That the allegations in the pleading are true and correct based on his or her personal
knowledge, or based on authentic documents;

That the pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and

That the factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for discovery.

IN WITNESS WHEREOF, We have hereunto affixed our signatures this _____ day of
____________ _____ at _____________________-, Philippines.

___________________________
Affiant

SUBSCRIBED AND SWORN to before me this ______ day of ________________,

_____ at _________________________, Philippines.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of _____.

What is the need for compulsory confinement of a drug dependent?

In case of compulsory confinement, the family member of a drug dependent

must execute an affidavit indicating that they are submitting the alleged drug dependent for
treatment and rehabilitation. DDB will prepare a petition for confinement and file the same
with the RTC.

PETITION/APPLICATION FOR VOLUNTARY CONFINEMENT FOR DRUG DEPENDENT

Voluntary Submission of a Drug Dependent to Confinement, Treatment and

Rehabilitation by the Dependent Himself or Through His Parent, Guardian or Relative. If a
drug dependent voluntarily submits himself for confinement, treatment and rehabilitation in a
center and complies with such conditions therefor as the Board may by rules and regulations
prescribes, he shall not be criminally liable for any violation of Section 8, Article II and
Section 16, Article III of the Act.

Application for Voluntary Confinement

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a) Any drug dependent may by himself/herself or through his/her parent, spouse,

guardian or relative within the fourth degree of consanguinity or affinity, may file a verified
application to the Board for voluntary confinement for treatment and rehabilitation.

b) Upon receipt of the verified application, the Board shall order that the applicant or
the person in whose behalf the application is filed be examined for drug dependency by a
DOH-accredited physician. The certification by the examining physician shall state, among
others, whether the immediate confinement of the drug dependent is recommended, taking
into consideration his/her level of drug dependency and the potential danger he/she may
pose to himself/herself, his/her family and the community.

c) Upon issuance of a certification by the examining physician that the applicant or

the person in whose behalf the application is filed is a drug dependent and his/her
confinement in a treatment and rehabilitation center is recommended, the Board shall file a
petition with the appropriate Court for the confinement of the said drug dependent for
treatment and rehabilitation pursuant to Section 54 of R.A. 9165.

d) If the examining physician recommends the immediate confinement of the drug

dependent, the Board shall order his/her temporary confinement in a government or private
treatment and rehabilitation center, at the option of the applicant, at his/her expense,
pending the issuance of the commitment order of the Court. The temporary confinement of
the drug dependent shall not exceed fifteen (15) days and it shall be duly alleged in the
petition of the Board to be filed with the Court.

e) Upon the petition of the Board, the Court shall order that the applicant be
examined for drug dependency or shall take cognizance of the certification of the examining
physician mentioned in paragraphs (b) and (c) hereof. If the examination by a DOH-
accredited physician results in the issuance of a certification that the applicant is a drug
dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a
Center designated by the Board for a period of not less than six (6) months: Provided, That a
drug dependent may be placed under the care of a DOH-accredited physician where there is
no Center near or accessible to the residence of the drug dependent or where said drug
dependent is below eighteen (18) years of age and is a first-time offender and non-
confinement in a Center will not pose a serious danger to himself/herself, his/her family or
the community.

f) Confinement in a Center for treatment and rehabilitation shall not exceed one (1)
year, after which time the Court, as well as the Board, shall be apprised by the head of the
Center of the status of said drug dependent and determine whether further confinement will
be for the welfare of the drug dependent and his/her family or the community.

OTHER LEGAL FORMS RELEVANT TO LAW ENFORCEMENT (Forms from PNP)

1. Crime monitoring Report Forms

 Atrocities
 Bombing Incidents
 Grenade Explosion
 Use of Firearms

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2. Forensic Request Forms

 Ballistic, body fluid and blood examination

 Burned debris/flammable/volatile substance test
 Chemistry examination
 Conduct of SOCO
 Cross matching examination, digital forensic and DNA examination
 Explosive, fingerprint and genital examination
 Macro-Etching test
 Medico-legal examination
 Paraffin test
 Physical medical examination
 Questioned document examination

3. Human Resource Forms

4. Investigation Forms
5. Investigation planning and management forms

REPLY AFFIDAVIT

An affidavit in reply (sometimes called a “reply affidavit’) can be defined as an

affidavit served in proceedings in which a deponent responds to another party’s evidence
where that party’s evidence was itself in response to evidence served by the party serving
the reply affidavit. In the same way, reply submissions or reply briefs allow the party who
started a particular process (the “moving party” in the case of applications) to get the last
word by replying to any response to their initial document.

PURPOSE: The purpose of an affidavit in reply is simply to rebut or answer matters raised
for the first time in the affidavits to which the replies are made.

NOTE:

There is no compulsion to serve affidavits in reply, and they should only be prepared
if they are necessary to rebut a proposition. Sometimes there will be no entitlement to serve
affidavits in reply if there is no rule, procedure, order or convention entitling a party to do.

SAMPLE OF REPLY AFFIDAVIT

Republic of the Philippines

Department of Justice
National Prosecution Service
Office of the City Prosecutor

City of San Fernando, La Union

________________________,
Complainant,

-versus- NPS Docket No. _________

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For: Violation of Anti-Carnapping and

Damages

_______________________
Respondents.
x--------------------------------------------------------------------x

REPLY-AFFIDAVIT
(to the Counter-Affidavit of __________________)

COMES NOW HEREIN COMPLAINANT, unto this Honorable Office, most

respectfully states THAT;

1. On May _________, I received a copy of the Counter-Affidavit of herein respondent-

________________ dated __________________;

2. As provided by the Anti-Carnapping Act, “Carnapping” is the taking, with intent to gain, of
a motor vehicle belonging to another WITHOUT the latter’s consent, or by means of violence
against or intimidation of persons, or by using force upon things;

3. By this, I do not have any knowledge nor give my consent to any of the transactions
between herein respondents regarding the loan and the mortgage of the subject vehicle;

4. Herein respondent ________________ should have at least check the Certificate of

Registration and Official Receipt of the subject vehicle before entrusting the amount of loan
to herein respondent, Caroline Wong, as basic and initial action to ascertain the basis of
ownership of herein respondent, Caroline Wong;

5. When herein respondent, _________________ was informed of the unlawful possession

of the subject vehicle, she keep on using to her benefit the subject vehicle which is
prejudicial on my part as the registered owner;

6. The fact that herein respondent, ______________ has possession of the subject vehicle,
up to the present and admitted the same, WITHOUT my consent and despite her knoweldge
of the real registered owner but still refuse to return the same is a manifestation of violation
of this Law;

7. I hereby pray to the Honorable Office to impound the subject vehicle to protect my rights
and interest as registered owner;

8. I am executing this REPLY-AFFIDAVIT to attest to the truth of all the foregoing statements
and for all legal intents it may deem serve;

IN WITNESS WHEREOF, I hereunto affix my signature this ____ day of

_____________, _________ at San Fernando City, La Union, Philippines.

________________________
Affiant

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SUBSCRIBED AND SWORN TO before me this ______ day of ________, _______

at San Fernando City, La Union, Philippines.

COUNTER AFFIDAVIT

An affidavit made in opposition to one already made; this is allowed in the preliminary 
examination of some cases.

An Affidavit filed by the respondent in reply to a petition. Respondent files reply to the
petition in the form of affidavit. In most of the Writ Petitions, reply is being filed in the form of
counter affidavit.

SAMPLE OF COUNTER AFFIDAVIT

Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFICE OF THE PROVINCIAL PROSECUTOR

SAN FERNANDO CITY, LA UNION

______________________,
Complainant,
NPS No.__________________
For: Violation of BP 22
-versus-

_______________________,
Respondent.

x------------------------------------------------------------x

COUNTER-AFFIDAVIT

I, ____________________, of legal age, married, Filipino citizen, and a resident of

Barangay __________________________, after having duly sworn to in accordance with
law hereby depose and say, THAT:

1. On _____________________, I received a Subpoena from this Honorable Office

directing me within ten (10) days from receipt or on _____________________ to
submit my Counter-Affidavit, Affidavit of my Witnesses, and other supporting
documents to answer the Affidavit-Complaint filed against me by
____________________ for Violation of BP 22 under NPS No.
________________________;

2. I vehemently deny all the allegations in the said Affidavit-Complaint for being
baseless, unjustified, and fabricated for the truth of the matter are as follows;

a. I borrowed a sum of money amounting to ________________________ pesos (P

________________) from herein complainant;

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b. I issued twelve (12) checks to cover my monetary debt, two (2) of it were cleared
which paid the __________________ pesos (_______________________) as
payment of the interest of the subject amount;

c. Prior to the receipt of the Notice of Dishonor dated ______________, I made several
attempts to make arrangement to herein complainant to settle my monetary debts
because of the current situation of my business (______________________);

d. I plead to her for extension of period to pay the same and she adhered to it;

e. To my surprise and dismay, sometime in __________________, I received the said

Notice of Dishonor through Counsel and I found out that she did not comply with
what we have agreed upon;

f. Despite of that and to show my interest to settle the subject monetary debt, I replied
to it through a letter dated _________________ and plead again for new
arrangement of payment by installment because of the situation of my business
which is not stable (_____________);

g. Further, I relied in good faith that herein complainant would be guided by our
arrangement as to the new terms of payment;

h. Furthermore, I did not receive the Final Demand Letter dated __________________
on time, to take a closer look to the Annex ____ of the Affidavit-Complaint showing
my signature, I received it on ____________________;

i. Since I received it after the lapse of the grace period given by herein complainant, I
still relied and expect that herein complainant followed our new arrangement in
paying the subject monetary debt;

j. When I tried to talk to herein complainant about this matter, she just ignored it;

k. I am willing to pay the subject amount in an installment term because of the present
situation of my business and I do not have any intention to turn my back on it;

l. Based on the foregoing circumstances, the allegations of herein complainant,

_____________ negate the commission of the alleged crime;

m. I am executing this Counter-Affidavit to attest to the truth of all the foregoing

statements and further prays for the dismissal of this criminal case filed against me;

IN WITNESS WHEREOF, I hereunto affix my signature this ____ day of

________________ at ___________________, Ilocos Sur, Philippines.

____________________

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_______________________________
Affiant

SUBSCRIBED AND SWORN TO before me this ______ day of ________________,

2018 at _________________, Ilocos Sur, Philippines.

Doc. No._____;
Page No._____;
Book No. _____;
Series of ______.

Copy furnished

______________

AFFIDAVIT OF DENIAL FOR NBI CLEARANCE

Affidavit of Denial For the purpose of submitting a written statement confirmed by oath
regarding a pending application, for various reasons, of an NBI Clearance in the Philippines.

SAMPLE FORM

AFFIDAVIT OF DENIAL

I,_______________________________, Filipino citizen, of legal age, and

residing at ___________________________ after being sworn according to the law, depose
and say:

1. That I am a Filipino citizen born on____________ In

_________________________, Philippines. My parents are _______________________
and ______________________;

2. That I have been living in Singapore since ______________, and I am

attaching a copy of my Identification Card/ Work Pass/ Work Permit in Singapore (Annex A):

3. That I applied for clearance from the National Bureau of Investigation (NBI)
of the Republic of the Philippines and said office informed me that I have a pending criminal
case_____________________________________________________________________
___. The National Bureau of Investigation requested me to affirm or deny my alleged
involvement;

4. That I am not the same person referred to in the aforesaid case as I have
never been involved in nor charged of any crime;

5. That I execute this affidavit to deny any involvement in any crime and to
clear my name of whatever adverse records on file with the National Bureau of Investigation.
IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of ________ in
Singapore. _____________________________ Affiant

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SUBSCRIBED AND SWORN TO before me this ___________ day of

___________ in Singapore. Affiant exhibited to me his Philippine Passport No.
____________________, attached as (Annex B).

Doc. No._____;
Page No._____;
Book No. _____;
Series of ______.

AFFIDAVIT OF LOSS

An affidavit of loss is a document declaring the loss of a security usually through theft
or destruction. The affidavit contains all the details regarding the loss, such as the owner's
name and any information pertaining to the security. That information may include a serial
number or the security's date of issue.

Affidavit loss is a sworn document attesting the details of the item or security lost,
and the when and how of the how the item or document was lost.

SAMPLE OF AN AFFIDAVIT OF LOSS

Republic of the Philippines )
Province of Ilocos Sur )s.s.
Municipality of Sta.Lucia )

AFFIDAVIT OF LOSS

I, ____________________, of legal age, _________, Filipino citizen and a resident

of ___________________________________, Philippines, after having duly sworn to in
accordance with law hereby depose and say:

That I am the holder/possessors of my College ID issued by

_____________________________;

That sometime in _________, the said College ID was inadvertently misplaced;

That I exerted efforts to retrieve the same but it turned futile and vain, thus, this
Affidavit of Loss;

That the said College ID was not surrendered or apprehended in any violation of law
nor submitted in any banking entity to satisfy any amount;

That I am executing this Affidavit to attest to the truth of the foregoing statement and
for all legal intents it may deem served.

IN WITNESS WHEREOF, I hereby affixed my signature this ___ th day of

_______________, ________at ________________________________.

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___________________________
Affiant

SUBSCRIBED AND SWORN TO before me this ___ day of ________, ________at

______________________________________.

Doc. No. ____:

Page No.____;
Book No.____;
Series of ____.

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Technical English 2 4A ThF 4-5:30 pm

NAME: ______________________

INSTRUCTION: Read the questions carefully and answer them briefly. A mere Yes or No
answers will not be given any points. Use the answer sheet for your answer.

Police Officers Lazo and Molina were newly assigned in San Jose station, they were
part of the buy-bust operation team. On September 24, 2021, they went for operation and
apprehended Lucas selling shabu. In the given scenario, what is the appropriate pleading to
be prepare and filed by the Police Officers as part in filing a case against Lucas, why? and
write the said pleading.

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Technical English 2 4B MT-5:30-7:00 PM

NAME: ______________________

INSTRUCTION: Read the questions carefully and answer them briefly. A mere Yes or No
answers will not be given any points. Use the answer sheet for your answer.

Faith filed a Reckless Imprudence resulting in Homicide against Arthur, her sole
witness, Lalyn went back to Greece for her work and she was scheduled for her testimony
on October 4, 2021. How can Lalyn possibly participate in the trial? Why? Give sample of
the pleading, if any.

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Technical English 2 4C THF: 5:30 -7:00 PM

NAME: ______________________

INSTRUCTION: Read the questions carefully and answer them briefly. A mere Yes or No
answers will not be given any points. Use the answer sheet for your answer.

Marlyn went to the Women’s Desk of PNP-San Lorenzo and filed an Acts of
Lasciviousness case against her neighbor, Toto. Police Officer Nympha asked questions to
Marlyn of what happened on that day and Marlyn prepared a document for the interview.
What do you think would be the next step in the scenario and what was the proper pleading
to be used? Why? and give a sample of the pleading.

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REFERENCES:

https:// www. Citizens information.ie

didm.pnp.gov.ph/index.ph/index.php/reports.forms/legal forms
https://www.law.cornel/edu.
https://org.gov.ph
https:// dog.gov.ph
https://www.chanrobles.com/interpartesproceedingsrule9.htm#.YZWoU9JBzDc
https://www.chanrobles.com/appeals.htm#.YZWv_NJBzDc
https://www.ddb.gov.ph/images/Legal_Services/
Legal_Division_Forms_for_Application_for_Compulsary_Confinement.pdf
https://www.ddb.gov.ph/images/Board_Regulation/2007/Bd.%20Reg.%203%2007.pdf
counter+affidavit+meaning&oq=COUNTER+AFFIDAVIT

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