TECHNICAL ENGLISH 1 AND 2 (INVESTIGATIVE REPORT WRITING AND

PRESENTATION, LEGAL FORMS)

What is Report Writing?
A Report is a detailed account of an event, situation, etc., usually based on observation or inquiry
(PNP, 2014). It is a specific form of writing that is organized around concisely identifying and
examining issues, events, or findings that have happened in a physical sense (Massey University,
2010).

Report Writing is a communication that lends itself to a useful tool for people in a free society
to express their thoughts and ideas and to obtain what they need or want (PNP, 2014).

Common Types of Report

Formal or Informal Reports- are carefully structured; they stress objectivity and organization,
contain much detail, and are written in a style that tends to eliminate such elements as personal
pronouns. Informal reports are usually short messages with natural, casual use of language.

Short or Long Reports - A two-page report or sometimes referred to as a memorandum is short,

and a thirty-page report is absolutely long. A long report is a major study that provides an in-
depth view of the problem or idea.

What is Investigative Reporting?

Investigative Reporting is an objective statement of the investigator's findings. It is an official
record of information relevant to the investigation which the investigator submits to his/her
superior (PNP, 2014).

Appropriate Investigative Report Writing

Regardless of whether the investigation will proceed into a court of law, all investigative reports
should be structured to communicate relevant and factual information. At a minimum, author/s
should ensure that the following goals are consistently applied to every type of report that is
being presented (Sachowski, 2016)
 Report contains an accurate description of all event and incident details.
 Content is clear, concise, and understandable to relevant decision-makers,
 Content is deemed admissible and credible in a court of law,
 Content not portray opinions or information that is open to
misinterpretation,
  Report contains sufficient information to establish factual relevance of conclusions, and
 Report is completed and presented in a timely manner.

Requisites of a Good Investigation Report

A good investigation report contains the following requisites (PNP 2014):
1. Accuracy- The report should be a true representation of the facts to the best of the
investigator’s ability.
2. Completeness The question of "when, who, what, where, why and how?" should be answered.
3. Brevity - Irrelevant or unnecessary materials should be omitted.
4. Fairness - The investigator: should take the facts as he finds them.
5. Form and Style - The arrangement of the materials presented should be in a manner which will
make the report easy to read.
6. Clarity - The language and format of a report are simple and to the point.
7. Specific - Use of specific words that bring the reader close to firsthand experience.
8. Timeliness - Completion of a report promptly.

Five Basic Steps in Investigative Report Writing

In the Philippine National Police, they have five basic steps in investigative report writing to be
followed under the acronym:
G- Gather the facts
R- Record the facts
O-Organize the facts
W-Write the report
E- Evaluate the report by editing and proofreading

What is a Police Report?

A police report is an exact narration of facts that are discovered during a criminal investigation
and serves as a permanent written record for future reference. It is a documentation made by a
police officer or law enforcement personnel which includes the important details and events
about an incident (Police Reports: Definition & Examples, 2020).
Use of Police Report
Police reports have many different uses, both within the criminal justice system and beyond. This
includes but not limited to the following (Sacramento State Police Department, 2014):
1. ldentification of Criminals - Police reports assist with the identification, Apprehension and
prosecution of criminals by serving as a source document for fling criminal complaints, by
providing a record of all investigations, and providing a basis for additional follow up
investigations (Sacramento State Police Department, 2014).
2. Investigative Record - Police reports aid prosecutors, defense attorneys, and other law
enforcement agencies by providing records of all investigations and serving as source documents
for criminal prosecution, as well as documenting agency actions (Sacramento State Police
Department, 2014).
3. Court Preparation - Police reports assist officers prior to or during court appearances by
refreshing the officer's memory before testifying, or preparing to provide hearsay testimony at
preliminary hearings (Sacramento State Police Department, 2014).
4. Civil Liability Assessment- Police reports are essential for risk managers, insurance
companies, , and civil litigation attorneys for Use in determining potential civil liability by
documenting events such as accidents or injuries on city, county, or private property, workman's
compensation type injuries, as "well as to presenting justification for an officer's behavior or
actions. in a civil complaint or lawsuit against the officer (Sacramento State Police Department,
2014).

The 5Ws and 1 H of a Police Report

1 Who? - It is a question that will contain the facts relating to any person who is directly or
indirectly associated with the incident. Here will show up the names that include within the
scope of the news that is discussed.
2. What?- It is a question that will answer what happened and will encourage reporters to gather
facts related to the things done by the offender and the victim in an incident.
3. Why? - lt will answer the background or. the cause of the incident. Although rare, why can be
used to open a news or the lead story.
4. Where? - It is regarding the scene. It can be written in a detailed scene or just outline only.
Typically, when the news comes from a famous place,then the writing is not too detailed.
5. When? - It concerns the time of the incident. Time stamps are not limited to date, but can be
written days, hours, even minutes when an incident takes place.
6. how?- It will provide facts about the incident. It could tell the atmosphere even when the flow
of events reported, is an ongoing incident.

General Content of Police Report

The following general content elements are fundamental to an effective report, however, it
should be noted that in some crimes or incidents, a specific element may not be applicable.
1. Initial Information - It establishes how the officer became involved with the specific incident
and additional background information. It also describes the officer's immediate observations and
any actions they took upon arrival at the scene.
2. Identification of the Crime or Incident - Always include the facts that are necessary to show
that the specific crime or incident has taken place. The report should include the common name
of the crime, the statutory reference number and the required elements necessary for the crime to
be complete.
3. ldentification of the Involved Parties - Regardless of the type of report, the report should
always identify the reporting persons, victims, witnesses and suspects, if known. Always include
full names, address, home, work and cellular telephone numbers. Include alternate contact
information, such as work or school addresses, email addresses, and their role in-the incident.
4. Victim/ Witness/ Suspect Statements - Summary statements of all involved parties should be
taken and direct quotes used, where necessary. Statements should always include the details of
the events, from their own perspective.
5. Crime Scene Specifics/Description - Crime scene specifics are necessary to accurately re-
create the scene and events of the crime. Include photographs, where possible, and include the
locations of physical evidence prior to collection.
6. Property Information - Property information should include the color, make, model, serial
number, approximate value, and full descriptions where possible.
7. 0fficer Actions/Observations - Include descriptions and observations of all actions related to
the incident. If multiple officers responded to a incident, each officer involved should include a
supplement that details their own actions at the incident or crime, and the supplement should be
submitted for inclusion with the master report. All reports, whether a master report or
supplemental report, should be written from the perspective of the writing officer, and detail their
own personal actions or observations.

Main Classifications of Police Reports

The many purposes served by police reports and our system of administrative independence has
given rise to a number and variety of reports. But in broad terms and in a rather elementary way,
police reports are classified into two (2) groups:

1. Basic or Informal Report- Most police reports may be placed in this category. This account
deals with the ordinary, miscellaneous, usual, memorandum, letter, or form accomplished by any
member of a unit, section bureau or division within a department in accordance with prescribed
regulation. Usually, this report contains the following items:
  The heading or the) letterhead of the organization, office or section where the writer is
assigned.
 The person or office to whom it is addressed l or submitted.
 The text proper.
 The name of the writer or the source of the report.
2. Investigative or formal report - This covers an exact and exhaustive narration of facts. It
suggests a full-dress treatment, including cover, title page, letter of transmittal, summary sheet,
text, appendixes, and l perhaps an index and bibliography.

Classification of Police Reports according to Purpose

1. Performance Report which contains information as to the status of an activity/ies or operation.
2. Fact-Finding Report which involves the gathering and presentation of data in logical order,
without an attempt to draw conclusions.
3. Technical Report which represents data on a specialized subject.
4. Problem Solution Report which analyzes the thought process that lies behind the solution of a
particular problem.

Categories of Police Reports

1. Operational Reports include those relating to the reporting of police investigation, arrests,
identification of persons, and a mass of miscellaneous reports necessary to the conduct of routine
police operations.
2. Internal Business Reports relate to the reporting necessary to the management of the agency
and include financial reports, personnel reports, purchase reports, equipment reports, property
maintenance reports and general correspondence.
3. Technical Reports present data on any specialized subject but usually relate to completed I
staff work and add to the: specific knowledge necessary to proper functioning of police 1
management.
4. Summary Information Report furnishes intelligence information necessary to the solution of
crime, accident, and police administrative problems.

The Police Report Format

A police report is a necessity in the practice of law enforcement. Police reports are used by every
law enforcement to help pass information around in an orderly and professional manner. Report
templates can help a Law enforcer pass around information in general.
Basic Types of Police Report
The Investigator-On-Case shall submit the following:
 Spot Report within 24 hrs to HHQ;
 Progress Report;
 After Operation Report;
 Final Report after the case is filed before the prosecutor's office/court;
 and
 Accomplishment Report.
Spot Report
It is an immediate initial investigative or incident report addressed to Higher Headquarters
pertaining to the commission of the crime, occurrence of natural or man-made disaster or
unusual incidents involving loss of lives and damage to properties (PNP, 2014).

Progress Report
lt is an accounting of the actions or series of actions undertaken in relation to an ongoing
investigation of a case (PNP, 2014).

After Operation Report

It is a report that may be rendered after any successful police operation that leads to the arrest of
any member or some members of a syndicated crime group.

Final Report
It is a thorough, in-depth and lengthy account regarding an investigation into an incident or case
as mandated by higher authorities to establish a determination of the truth and/or how far it could
be determined based on the facts and circumstances with the appropriate recommendation for the
proper course/s of action/s to be made.

Investigation Report
it is a document that details the findings of an investigation as soon as a formal complaint is filed
or an incident Occurs. This is where investigators record the issues of the matter, analyze the
evidence, and formulate a conclusion. It is impartial and based on evidence, not on the opinions
of an investigator or the parties involved.
This form is similar to the memorandum form except that the text or body should include the
following parts: AUTHORITY, MATTERS INVESTIGATED FACTS OF THE CASE,
DISCUSSION, CONCLUSIONS, and RECOMMENDATION Parts are capitalized, and
followed by a colon. All paragraphs composing the text oť the report is numbered consecutively
in Arabic numerals.

Situation Report
The Situation Report (SITREP) is a form of status reporting that provides decision-makers and
readers a quick understanding of the current situation. It provides a clear, concise understanding
of the situation-focusing on meaning or context, in addition to the facts. It contains the following
information (The Persimmon Group, 2021):
 The Situation to date (what has happened)
-A brief summary y of "startup details" - date, place, time, who
-Summary of overall situation to date
-Ensure old information is deleted
 Actions to date (what has been done)
- Brief reporting of actions completed to date
- Table format may be used for repeat actions and/ or progressive totals or if similar are given
e.g. destructions statistics, number of properties visited
 Actions to be completed (what will be done)
- Brief reporting of scheduled/planned actions - typically for the period covered by the SITREP
- As mentioned above, a table may be used for repeat actions
- Where the operation expects to be by the next SITREP
 Issue(s)
- Present brief description of issue(s) that are known/ reasonably expected to arise before the
next SITREP iissued e.g. a shortage of a given
resource, a significant OH&S issue
- Acknowledgment of significant achievements, failures etc. can be
given here.

Special Report
A Special Report is prepared and presented not as a matter of routine. This is prepared on the
basis of some inquiry or investigation either by a single individual or by a body or a committee
or a sub-committee or a commission specially formed and entrusted with the duty. It is in many
cases of confidential type and contains apart from facts and information, some recommendations
(Apoorva, n.d.).
What is a Police Blotter?
A Police Blotter is a record of daily events occurring within the territory/jurisdiction of a given
police unit or command. It contains material details concerning the event for legal and statistical
purposes. This police blotter is an informational record book that is utilized for evidentiary or
referral purposes (PNP, 2014).
Two Types of Police Blotter
Each PNP operating unit/station shall maintain two separate police blotters:
1. Blue Blotter- It contains the daily registry of all crime incident reports, official summaries of
arrest, and other significant events reported in a Police Station/Unit; and
2. Pink Blotter- It contains the daily registry of all crime incident reports involving Violence
Against Women and Children, Trafficking in Person, and other Gender-Based Violence such as
those provided for in PNP policies and Philippine laws.

Importance of the Police Blotter

Here are some of the importance of Police blotter (PNP, 2014):
1. The Police Blotter entry reports serve as a permanent record of incidents, events, problems,
and occurrences:
2. a Police Blotter is used to keep informed of activities within the police jurisdiction;
3. A Police Blotter is also used to compile statistical information, identify problems in the
community, or identify police training needs; and
4. A Police Blotter is needed to facilitate investigations, prepare court cases, or defend cases in
court.

Contents and Details of a Police Blotter

The Police blotter is a record book bound with hard covers and shall be 12 inches (12") by 18
inches (18") in size. The front cover of a police blotter shall contains the name or designation of
the police force and particular police district/station, together with the designation of the specific
police unit or sub-station, the volume or book number, the series number and the period covered
(PNP, 2014).
Incident Report
An incident report is a formal document that details the facts related to an incident
(safeopedia.com, 2021). It is similar to Police Reports, an Incident Report is a victim's statement
regarding a crime (Fullbright, 2014).

Incident Report Content

The entry in the Police Blotter should answer the following cardinal elements of a police report:
Who, What, When, Where, why, How and the disposition of the case. In answering the 5 Ws and
1 H and the case disposition, all such material details about the event, including the names of the
suspects, the victim, the witnesses, if any, the nature of the action or offense, the possible motive,
the place, the date and time of occurrence and significant circumstances that aggravate or
mitigate the event or the crime should be entered along with the identity of the officer to whom
the case is assigned (officer On-case) and the status of the case (PNP, 2021).

Incident Record Form

An entry of record in the Police Blotter shall not be done directly to the Police Blotter book. The
facts and information of a blotter entry shall at first be recorded in the Incident Record Form or
IRF.

Incident Entered in the Police Blotter

As a general rule, all crime incidents must be recorded in the official police blotter (PNP, 2021).
The following incidents or transactions, among others, are entered in the police blotter (PNP,
2014):
1. Violations of laws and ordinances reported and/or discovered;
2. All calls in which any member of the PNP is dispatched and/or takes
official action;
3. All fire alarms, reports and information received by the stations;
4. Movement of prisoners with corresponding notations on the authority
for such movements;
5. Cases of missing and/or found persons, animals and property;
6. Vehicular and other types of accidents which require police action;
7. All personal injuries, bodies found, and suicides;
8. Damage to property;
9. All cases in which a police member is involved:
10. All arrest and returns made; and
11. Miscellaneous cases, general and special orders, violations of rules and
regulation, and any other reportable incident that the sub-station/station
commander or higher authority desires to be recorded.

Procedures on Recording Incident Report in the Police Blotter

The following are the procedures on recording incident report in the Police
Blotter (PNP, 2014):
1. Recording of the Crime Incident from the IRF to the Police Blotter. After the transaction with
the Reporting Person has been concluded, the crime incident report recorded in the IRF, shall be
transcribed and entered into the Police Blotter by the Desk Officer of the police station. For those
police stations equipped with the Crime Incident Reporting System, popularly known as the e-
Blotter, the designated Crime Registrar will likewise enter the record into the System
(PNP,2014).

2. Blotter Procedure in a Walk-in Complainant/Reportee Concerning Women’s and

Children Concerned Desk (WCPD) (PNP, 2014):
Upon arrival of a walk-in complainant at the police station, the Desk Officer (DO) will
courteously greet the complainant/reportee and will ask the same of the nature of his/her
complaint. The DO will make an assessment of the complaint/report out of the narration given by
the complainant/reportee. If the complaint falls under WCPD concern, the DO will assist the
victim/ complainant directly to the duty investigator of WCPD for proper disposition.
The WCPD investigator will assist the victim/ complainant in accomplishing the Investigation
Record Form (1RF) thoroughly and will record it in the separate blotter book of WCPD.
After accomplishing the IRF, the WCPD investigator will issue Incident Record Transaction
Receipt (IRTR) to the victim/ complainant and will proceed to the investigation.
The IRF will be submitted to the personnel in- charge of the Station Investigation Section (SIS)
for Crime Incident Reporting System (CIRS).
3. Blotter Procedure of Crime Incident if the Suspect is Arrested (PNP, 2034):
 Upon arrival of the arresting officers, arrested suspect/s and complainant/s to the police
station, the DO will assess the nature of complaint or what crime/infraction of the law the
arrested suspect committed and if there is need for follow-up of the case.

 In case there is no need for follow'up, the DO will refer the arrested suspect/s to the
fingerprint technicians for booking procedure.

 The DO will issue IRTR to the victim/complaimant. The DO will refer the case to the
duty investigator for investigation including evidence or pieces of evidence for proper
disposition.
 The IRF will be forwarded Ito the SIS for CIRS.

4. Blotter Procedure for Crime Incident and Emergency Cases (PNP, 2014):
The DO will ask for the initial data of incident/s from the duty Station Tactical Operation Center
(SToC) for example: fire, dragnet, arrival of VIPs etc. and the initial data will be logged in the
blotter book. The information will be relayed to the COP, Officer of the day or Chief of Office
concerned and other officers regarding the incident/event.
If necessary, the DO will officially dispatch the concerned police personnel such as Special
Reaction Unit (SRU)/SWAT, Police Community Precint (PCP) personnel, Follow-up Operatives,
investigators etc. logged in the blotter book to respond to a particular police assistance or crime
scene.
The DO will record all details of the incident that transpired within the area of responsibility of
the police station for future reference.
What are Legal Forms?
Legal Forms are binding written documents that serve as means for putting into effect legal
proceedings, court orders and notices. They are indispensable and are often encountered in the
practice of law enforcement (Paculanang and Tudara, 2020). It is a prototype of an instrument to
be employed in a legal transaction or a judicial proceeding that includes the primary essential
matters, the appropriate technical phrases or terms, and any additional material required to render
it officially accurate, arranged in suitable and systematic order, and conducive to adaptation to
the circumstances of the particular case (legal-dictionary.thefreedictionary.com, n.d.).
Coverage of Legal Form
According to Suarez (2019), the term "Legal Forms" covers the study of:
1. Business Forms- the forms used in conveyancing, or of the forms of deeds, instruments or
documents creating, transferring, modifying or limiting rights to real as well as personal
properties, and other forms related to business contracts or transactions.
2. Judicial Forms- the forms which pertain to, different kinds of pleadings, applications,
petitions, affidavits, motions and the like.
What is a Contract?
Contract is a meeting of minds between two persons whereby one binds himself. with respect to
the other, to give something or to render some service (New Civil Code, Article 1305).

What is Notarization?
Notarization or Notarial acts refers to any act that a notary public is empowered to perform
(Rules on Notarial 1 Practice of 2004). Notary is a public official whose duty is to attest the
genuineness of any deed or writing in order to render them available as evidence of the facts that
it contains (Suarez, 2019).

Powers of Notary Public

According to the Rule IV, Section l of the Rules on Notarial Practice of 2004. The powers of
notary public are the following:
1. A notary public is empowered to perform the following notarial acts:
 acknowledgments;
 oaths and affirmations;
 Jurats;
 signature witnessings;
 copy certifications; and
 any other act authorized by the Rules on Notarial Practice of 2004
2. A notary public is authorized to certify the affixing of a signature by thumb or other mark on
an instrument or document presented for notarization if: the thumb or other mark is affixed in the
presence of the notary public and of two (2) disinterested and unaffected witnesses to the
instrument or document; both witnesses sign their own names in addition to the thumb or other
mark: the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by
(name of signatory by mark) in the presence of (names and addresses of witnesses) and
undersigned notary public"; and the notary public notarizes the signature by thumb or other mark
through an acknowledgment, jurat, or signature witnessing.
3. A notary public is authorized to sign-on behalf of a person who is physically unable to sign or
make a mark on an instrument or document if:
 the notary public is directed by the person unable to sign or make a mark to sign on his
behalf;
 the signature of the notary public is affixed in the presence of two disinterested and
unaffected witnesses to the instrument or document;
 both witnesses sign their own names;
 the notary public writes below his signature: "Signature affixed by notary in presence of
(names and addresses of person and two witnesses)"; and
 the notary public notarizes his signature by acknowledgment or jurat.

Probative Value of Public Documents

The effect of the notarization of a private document is to convert the said document into a public
one and render it admissible in evidence in court without Further proof of its authenticity and due
execution. Public documents are entitled to full faith and credit on their face in the absence of
any clear and convincing evidence, more than merely preponderant, that their execution was
tainted by defects or irregularities that would warrant a declaration of nullity. One who denies
the due execution of a deed where one's signature appears, has the burden of proving that,
contrary to the recital in the jurat one never appeared before the notary public and acknowledged
the deed to be a voluntary act.
Legal Recognition of Electronic Data Messages and Electronic Documents
R.A. No. 8792, otherwise known as the Electronic Commerce Act (2000) gives legal recognition
to any kind of electronic data message and electronic document used in the context of
commercial and non-commercial activities including domestic and international dealings,
transactions, arrangements, agreements, contracts and exchanges and storage of information. The
legal recognition of Electronic Documents are as follows (RA 8792, 2000, Section 7):
1. Electronic documents shall have the legal effect, validity or enforceability as any other
document or legal writing
2. Where the law requires a document to be in writing, that requirement is met by an
electronic document if the said electronic document maintains its integrity and reliability
and can be authenticated so as to be usable for subsequent reference, in that:
 The electronic document has remained complete and unaltered, , apart from the addition
of any endorsement and any authorized change, or any change which arises in the normal
course of communication, storage and display, and
 The electronic document is reliable in the light of the purpose for which was generated
and in the light of all relevant circumstances. Electronic document refers to information
 or the representation information, data, figures, symbols or other modes of written
expression, described or however represented, by which a right is established or an
obligation extinguished, or which a fact may be proved and affirmed, which is received,
recorded, transmitted, stored, processed, retrieved or produced electronically.

3. Paragraph # 2 applies whether the requirement therein is in the form of an obligation or

whether the law simply provides consequences for the document not being presented or
retained in its original form.
4. Where the law requires that a document be presented or retained in its original form, that
requirement is met by an electronic document if-
 There exist a reliable assurance as to the integrity of the document from the time when it
was first generated in its final form; and
 That document is capable of being displayed to the person to whom it is to be presented:
Provided, That no provision of this Act shall apply to vary any and all requirements of
existing laws on formalities required in the execution of documents for their validity. For
evidentiary purposes, an electronic document shall be the functional equivalent of a
written document under existing laws.

Business Forms
Business Forms are written forms used in conveyancing, or of the forms of deeds, instruments or
documents creating, transferring, modifying or limiting rights to real as well as personal
properties, and other forms related to business Contracts or transactions (Suarez, 2019).
conveyance
A conveyance is the transfer and assignment of any property right or interest from one individual
or entity (the conveyor) to another (the conveyee). This is usually accomplished through a
written instrument- most often a deed - that transfers title to or creates a lien on property (Wex
Definitions Team, 2021).

Deed is a written instrument under seal containing a contract or agreement which has been
delivered by the parties to be bound and accepted by the obligee or covenantee. (Suarez, 2019).
It is a legal document that grants its holder ownership of a piece of real estate or other assets,
such as án automobile.

types of Deeds
Buyers and sellers in the real estate industry commonly encounter six different types of deeds.
They are (Reffkin, 2022):
1. Quitclaim deed
It is sometimes called quick claim deeds, and are often used to transfer property among family
members, to move properties into living trusts, and to remedy title errors.
2. General warranty deed
It is the most common type of deed used to transfer fee simple ownership of a property.
3. Grant deed
It is also known as a special warranty deed or a limited warranty deed. It provides all the same
protections and guarantees as a general warranty deed with one key difference: It only warrants
the period during which the seller owned the property (Reffkin, 2022).
4. Bargain and sale deed
It typically accompanies homes sold at foreclosure. This type of deed transfers title to the new
owner, but it does not warrant against encumbrances. Homeowners who purchase a foreclosed
home with a bargain and sale deed may encounter tax liens, problematic easements, or third-
party claims to the title (Reffkin, 2022).
5. Deed of trust
it is used in home loans and is signed among three parties - a lender (called the beneficiary), a
borrower (called the trustor), and a third party called a trustee (Reffkin, 2022).
6. Mortgage deed
It functions like a deed of trust with one key difference. This type of deed features only two
parties-a lender and a borrower. The trustee, who holds the title in a deed of trust, does not factor
into a mortgage deed.

What is a Will?
A will is a legal document which is prepared with certain formalities and under which a person
directs what will happen to his/her property after his/her death. The will is effective only upon
the person's death and it can be modified or revoked by the person at any time during his/her life
(Battle, 2006),
Distinction between a Deed and a Will
While wills and deeds are completely different documents, both of them have the effect of
transferring ownership of property, and both can be used in disposing of such property in the
context of estate planning. A will disposes of one's estate upon death and a deed passes an
interest in land or other real property.
What is a Jurat?
Jurat is that part of an affidavit in which the officer certifies that the instrument was sworn to
before him (Suarez, 2019). It is used in affidavits, certifications, verifications or whenever the
person executing a document or instrument makes a statement of facts or attests to the truth of an
occurrence of an event under oațh. It refers to an act in which an individual on a single occasion
(Rules on Notarial Practice of 2004, Rule I1, Section 6):
 Appears in person before the notary public and presents an instrument or document;
 Is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules;
 Signs the instrument or document in the presence of the notary; and
 Takes an oath or affirmation before the notary public as to such instrument or document.
A jurat should only be used in affidavits, sworn statements, certifications, verifications and the
like, but never in Contracts

what is an Acknowledgement?
Acknowledgement is the act of one who has executed a deed, in going before some competent
officer or court and declaring it to be his act or deed. An acknowledgement is to authenticate an
agreement between two or more persons, or where the document contains a disposition of
property (Ateneo Law School, 2009).
What is an Affidavit?
Affidavit is a voluntarily sworn declaration of written facts. It is sworn before a notary or other
officers entitled to administer an oath or take acknowledgement (Suarez, 2019). The document
needs to be authorized either by oath commissioner or any Notary public so that the authenticity
of affiant’s signature can be proved.
Both author and witness need to sign it, if the affidavit is needed for conducting court
proceedings therefore it needs to be created in a proper manner by any legal professional.
= The person making the sworn statement is referred to as the affiant.

Legal Responsibility of Making or Executing Affidavits

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. An affidavit carries the same penalty of perjury, only it
is used to attest to things outside of the courtroom (legal nature. com, 2022).
The crime of perjury is committed by any person who shall knowingly make untruthful
statements or make an affidavit, upon any material matter and required by law. It is punishable
by imprisonment of up to 2 years and four months.
As stated in the Article 183 of the Revised Penal Code:
Article 183: False testimony in other cases and perjury in solemn affirmation.The penalty of
arresto mayor in its maximum period to prision correccional in its minimum period shall be
imposed upon any person, who, knowingly makes untruthful statements and not being included
in the provisions of the next preceding articles, shall testify under oath, or make an affidavit,
upon any material matter before a competent person authorized to administer an oath in cases in
which the law so requires.
The elements of Perjury, culled from Article 183 of the Revised Penal Code are as follows
(Reyes, 2012):
 The accused made a statement under oath or executed an affidavit upon a material matter;
 The statement or affidavit was made before a competent officer authorized to receive and
administer oaths:
 In the statement or affidavit, the accused made a willful and deliberate assertion of a
falsehood; and
 The sworn statement containing the falsity is required by law or for a legal purpose.

Components of an Affidavit
Affidavits may be written in the first or third person, depending on who drafted the document. If
in the first person, the document's component parts are (Ateneg Law Schocl, 2009):
1. A commencement which identifies the affiant:
2. The individual averments, almost always numbered as mandated by law, each one
making a separate claim;
3. A conclusion generally stating that everything is true, under penalty of perjury, fine, or
imprisonment; and
4. An attestation, usually a jurat, at the end certifying the affiant made an oath and the date.

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

common Example of Affidavit:

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 (Kenton, 2021).
Affidavit of Birth - is a legal document that can be used to verify the facts Surrounding an
individual's birth, including birth date, location, and the name of each parent (Rocket Lawyer
Inc, 2021).
Affidavit of Death - is a sworn legal document used to attest that a person is dead. Affidavit of
Death forms can only be written and signed by someone who has first-hand knowledge of the
person's death and is typically accompanied by a certified copy of a death certificate.
Affidavit of Good Faith- is an affidavit filed to show that good faith efforts have been made to
do something. Law requires the filing of these types of documents in varied situations. It is also a
part of the chattel mortgage contract wherein it is stated that the chattel mortgage has been
constituted to secure a principal obligation and is not meant for fraud or any ill purpose. It is
possible to defraud using a mortgage.
Judicial Affidavit - is a written, out-of-court statement taken before a notary public or any
person authorized to administer an oath (affidavit), is in a question-and-answer form (Section 8,
Rule 2, A.M. No. 01-2-04-SC), and serves as witness' direct testimonies, subject to cross-
examination in accordance with existing rules on evidence (Section 1, Rule 5, A.M, No. 01-2-04-
SC).
Affidavit of Desistance - is a written statement under oath by the complainant stating that he/she
is no longer interested in pursuing the complaint or criminal case against another person. It is
fled before the office or court where the complaint is pending or being investigated.

Affidavit of Undertaking - This affidavit is voluntarily executed in order to attest to the

truthfulness of the foregoing narration of facts and undertaking under pain of administrative,
criminal and civil liabilities, and for whatever legal purpose it may serve.
Affidavit of Disinterested Persons - The affidavit contains the sworn statements of two
disinterested persons clarifying discrepancies in a person's name
The two persons who will sign the affidavit should:
 Be disinterested persons or have no interest in the subject-matter of the affidavit.
 Not be related to the person subject of the affidavit (e.g. not a parent, child)
 Have personal knowledge of the facts subject of the affidavit.

affidavit of Arresting Officer - 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. It is a
statement given under oath and penalty of perjury. It may also be referred to as an arrest report.

Complaint Affidavit- is a sworn statement prepared by someone who wishes to file a legal
complaint. It becomes the basis for the case, providing basic information about the facts of the
matter and outlining the nature of the case (McMahon, 2022)

Affidavit of Witness - The witness writes out the facts about which she has knowledge that are
relevant to the case, signing the document and swearing under penalty of perjury that it is true. In
most cases, the witness must sign the affidavit before a notary or officer of the court.
Application for Search Warrant - All applications for Search Warrant shall be approved for
filing by the Chief of Office. The application shall indicate the following data (Revised PNP
Operational Procedure, 2021):
 Office applying for the Search Warrant;
 Name of officer-applicant;
 Name of the subject, if known;
 Exact address/place(s) to be searched;
 Specific statement of things/articles to be seized; and
 Sketch and/or Picture, if available, of the place to be searched.
 The availability or unavailability of f BWCs to be used in the execution of the warrant. In
case of unavailability, request for authority to use ARDs.
Search is an examination of an individual's person, house papers or effects, or her buildings and
premises to discover contraband or some evidence of guilt to be used in the prosecution of a
criminal action.
Deposition of Witness - Is a sworn out-of-court testimony. It is used to gather formation as part
of the discovery process and, in limited circumstances, may be used at trial. The witness being
deposed is called the deponent (Wex Definitions team, n.d.).

Documents after the Execution of Search Warrant Issued

The following documents shall be issued by the Police officer after executing a Search warrant:
1. Receipt for Property Seized
=The police officer who confiscates property under the warrant shall issue a detailed
receipt of property seized to the lawful occupant of the premises. In the absence of such
occupant, the detailed receipt shall be left in the place in which he/ she found the seized
property in the presence of at least two witnesses of sufficient age and discretion residing
in the same locality. The receipt shall likewise include items seized under the Plain View
Doctrinell (Revised PNP Operational Procedure, 2021).

2. Certification of Orderly Search

= It is a document certifying that the search was conducted in accordance with law
3. Affidavit of Denial for NBI Clearance
= Affidavit of denial may be submitted to clear one's name when there are other records
bearing the same name with pending case or derogatory information (vsbooks.com, n.d.).