COMMISSION ON HIGHER EDUCATION

Higher Education Regional Office VI (HERO VI)

City Government of Bago
BAGO CITY COLLEGE
Rafael Salas Drive, Brgy.Balingasag, Bago City, Negros Occidental 6101
Tel: [034] 4611-363 | Fax: [034] 4610-546 | E-mail: [email protected]

TECHNICAL ENGLISH 2 WITH LEGAL FORMS

CDI 801

PMAJ JERRY B NACION, MPM (Ret)

Technical English 2 (Legal Forms)CDI 801

INTRODUCTION
Technical or report writing as a means of communication is readily,
cheaply, and effectively available to all of us if we know how to do it.
Communication is necessity among human being and more so in
our modern civilization today.

It is also very important that official letters by the government officials

and employees should be done economically, effectively and
correctly. It is just an important that business and social letters in the
private sector, including your police report writing and as such you
will need to develop special skills and techniques.
A Report is a story of actions performed by men. In
Police report, it is chronological or step by step
account of incident that took place at a given time. It
deals with the story performed by police personnel. An
account of some subject specifically investigated, or in
official statement of facts. Police reports from the
facts that someone has asked for them and needs them
for immediate and future use. This is one of the most
significant processes in modern police operation.
Police Report Writing

Definition:

- It is considered technical writing, as such needs to develop special

skills and techniques. It is the backbone of criminal proceedings
and prosecution.

- It is the formal documentation of an incident that occurs and is

taken by a police officer. It is mainly used by the police department,
court personnel, and the victim of the crime, A police report is
always written from the perspective of the officer who initially
responds to the call. Document that details all the facts,
circumstances and timeline of events surrounding an incident.
ELEMENTS OF EFFECTIVE REPORTING

Basically, a good report is one that enables any person to reconstruct the events exactly as
they occurred. The report contains all of the essential facts so that a party who was not at
the scene can understand exactly what happened. Reports must be of the following:

1. Factual – The report must be factual because the acts of commission or omission which
comprise the elements of the crime must be proven in facts.

2. Clear - Make your report easy to understand by using simple language and logical order.

3. Concise – Make your reports brief and avoid wordiness and highfalutin words.

4. Complete – Remember that the smallest detail of a crime may turn out to be the essential
factor that results in the ultimate determination of guilt or innocence. Remembering to ask
what, where, when, who, why and how will help you to avoid overlooking any of the
elements of completeness
Definition of Affidavit

Defined:

- is a written statement voluntarily made by an affiant or deponent under oath or affirmation which
is administered by a person who is authorized by law. a voluntary executed in order to attest 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. (Wikipedia)
-a voluntary declaration of facts written down and sworn to by the declarant before an officer
authorized to administer oaths, such as a Notary Public. (Black’s Law Dictionary)
- is a sworn statement a person makes before a notary or officer of the court outside of the court
asserting that certain facts are true to the best of that person's knowledge. Affidavits by both
plaintiff/prosecution and defense witnesses are usually collected in preparation for a trial.
- is a written statement of facts based on your personal knowledge of a situation. It becomes a
legal document in judicial proceedings after a notary public or other public officials administer the
oath.

The term Affidavit comes from Latin words “affidare” which means “to pledge”
Purpose of affidavit
Affidavits verify the legitimacy of a claim and are used in
conjunction with witness statements or other related evidence in
a dispute or a criminal matter. The person who signs the
affidavit must be personally aware of the facts contained within,
and he or she must swear that the affidavit is 100 percent true.
Jurisprudence dictates that an affidavit is merely hearsay
evidence where its affiant/maker did not take the witness stand.
Affidavit vs. Deposition

An affidavit is a sworn written document that contains sworn

information. Affidavits are often used in court when someone
can't appear in person. While a deposition is a legal discovery
process where a witness or party gives sworn testimony outside
of court.
Elements of affidavit
1. A written oath representing the facts as sworn to by the affiant
2. The signature of the affiant;
3. The attestation by an officer authorized to administer the oath
that the affidavit was actually sworn by the affiant in the presence
of that office.
An affidavit is not lawful if:

1. The affidavit is signed outside the presence of an officer, or

2. No oath is administered. An affidavit must state facts and at
the same time it should affirmatively demonstrate how the affiant
obtained personal knowledge of those facts.
3. If the facts stated in the affidavit are untrue and outside the
personal knowledge of the affiant, then the affidavit will become
legally insufficient.
Essential Features of an affidavit
1. An affidavit should be in writing
2. It must be a declaration made by an individual
3. It must relate to facts alone
4. It must be made in the first person
5. It must be sworn before an officer or magistrate who is
authorized to administer oath.
 Components of an affidavit

1. Commencement – This is the beginning of the document where the affiant or the making the affidavit is
identified.

2. Averments – also known as affirmations, these include a list of all the claims that are being made by the
affiant (An assertion or affirmation of fact, especially a positive declaration or allegation in a legal pleading)

3. Statement of truth – a statement of truth is what states that everything that is true. A statement of truth
may be something like this: I solemnly swear that the aforementioned are true and correct to the best of
my knowledge and belief.

4. Attestation clause – this that the documents that includes the signature of the affiant, as well as that of
the witness(es).

5. Signatures – This is the last portion of the document that includes the signature of the affiant, as well as
that of the witness(es).
What can you say in an affidavit?

The affidavit or sworn statement is very important

requirements in filing a criminal complaint. It is a
voluntary statement of person without force or
intimidation, so the statement should make observations
without color or comments. The length of affidavit
depends on the complexity of the case. The affidavit
need not to be lengthy, but cannot leave out any relevant
information as you may not get a chance to add it in later.
The following steps should consider for preparing affidavits:

1. Insert a case caption and title your statement.

2. Write the state and country, and identity the affiant
3. Include relevant personal information
4. Write a statement of truth and spell out the oath
5. State the facts in a numbered list
6. Create a signature block for the affiant and another for
a clerk or notary.
What should not be included in an affidavit?

Affidavits prepared based on facts, does not depends on the

person’s belief or views. The exception is where the person is
giving evidence as an expert; for example, a psychologist or
licensed criminologist and physicians. Where you should avoid
referring to facts that are based on information received from others.
There are, however, a number of exceptions to hearsay rule. If you
need to rely on hearsay evidence in your affidavit, get legal advice
to see whether it would be allowed in court. You should not refer to
anything said or documents produced in connection with an attempt
to negotiate a settlement of your dispute, as these are not
admissible as evidence in court.
Legal consequences of false and untruthful facts in an affidavit

Perjury – consist of making a false statement under oath ,

either in writing or verbally, that one knows is false, and that is
material to the proceedings in which the statement is made.
False testimony vs Perjury
False testimony is given in the course of judicial proceedings,
while Perjury is any willful and corrupt, assertion of falsehood on
a material matter under oath, and not given in a judicial
proceedings
Elements of the Crime of Perjury under Article 183 of RPC

1. The accused made a statement under oath or executed an

affidavit upon a material matter.
2. That the statement or affidavit was made before a competent
officer, authorized to receive and administer oath.
3. In the statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood
4. The sworn statement containing the falsity is required by law or
for a legal purpose.
Motion
- is a formal request made by any party for a desired ruling,
order, or judgment. The party that makes the motion is known as
the movant. A motion can be written or spoken, as the relevant
rules require. Various motions can be made throughout a
proceeding, but only after the initial complaint has been filed.
Here are some examples of Motions:

1. Motion for a bill of particulars

2. Motion for permanent dismissal
3. Motion to admit affidavit of recantation
4. Motion to set case for pre-trial
5. Motion to lift order of arrest
6. Motion to render judgment
7. Motion for new trial
8. Motion for reconsideration of a judgment
9. Motion for extension of time to file pleadings
Manifestation
- is a pleading in which a party makes a statement or
representation to the court. The court may take note of the
manifestation without taking any action. A manifestation informs
the court about a matter related to the case, but it does not
require the court to take affirmative action.
Here are some examples of Manifestations

1. Compliance manifestation
- A document filed in a Regional Trial Court that states that the petitioner's
counsel is not related to the Branch Clerk of Court.
2. Manifestation to participate in the Party-List System
- A document filed with the Commission by a party, organization, or coalition
that wants to participate in the party-list system.
3. Manifestation with Opposition and Reply
- A document submitted against a Petition for Leave to Appear, and to Admit
Comment and Such Other Pleadings as May be Required by the Court.
Petition
- is a legal document that requests a court order, and is often the
first step in a lawsuit. Petitions can be used for a variety of
purposes.
Examples of Petitions
1. Filing a lawsuit
-The plaintiff files a petition to state the legal basis for the lawsuit and their
version of the facts.
2. Appealing a court decision
- A petition can be filed to request that another court review legal issues in a
case.
3. Writ of amparo
- A petition can be filed if a person's right to life, liberty, or security is
threatened by a public official or employee, or by a private individual or entity.
4. Initiative on the Constitution
- A petition can be filed to propose a law to be enacted, approved, rejected,
amended, or repealed.
Petitions are formal statements that outline one party's version of a
matter. They can be filed by an individual, group, or organization.
Police Blotter – is a record or log of daily events occurring within the
territories/jurisdiction of a given police unit or command. It contains
material details concerning the event for legal and statistical purposes,
it is also where all types of operations and undercover dispatched shall
be recorded containing the five W’s (WHO, WHAT, WHERE, WHEN, and
WHY) and one H (HOW) of an information.
Complaint sheet - is a document that contains
information about a complaint, including the nature of
the complaint, the place where it occurred, and the
names of the complainant, victim, and witnesses.
Administrative orders and issuances
- Administrative orders (AOs) are written instructions or
commands from a government agency that establish policies and
standards for the efficient administration of a department. They
can also be regulations that explain a law.
- Administrative orders (AOs) are issued by the administrative
head of a department to address confusion and define specific
actions on current issues. They are generally applicable
department-wide, but some may only cover specific units of the
department.
Issuances
- is the act of providing or offering something for general use or
for official purposes. It can also refer to the act of making
something available to the public. For example, when a company
releases securities for sale to investors, it is said to be issuing
those securities.
In the context of securities, issuance can also refer to the offering
of new securities, also known as a primary offering. This can be
done as a public offering, such as an initial public offering (IPO),
or as a private placement. The issuer receives the proceeds of
the offering.
Memorandum order is an opinion and order from a board that is
issued after a disciplinary proceeding. It usually includes: A brief
statement of the facts found, The nature of the misconduct, and
The disciplinary rules that were violated.
Memorandum Circulars (MCs) prescribe policies, rules and
regulations in. carrying out the Department's mandates. These
are designed to supplement. laws, to provide means for carrying
out laws, or to clarify issues resulting.
Special order
- is an instruction given to specific officials and employees on
specific matters. These orders are usually limited in application
and can cover topics such as:
a. Assignments - is a duty or job that a person is assigned to
perform:
b. Transfers of personnel - is the process of moving an employee
to a new position, department, or location within the same
organization.
c. Attendance at training, seminars, and conferences
d. Authority to travel
Circular
- is a written statement that outlines policies, rules, and
regulations for individuals and organizations outside of the
government. Circulars can supplement or provide guidance on
how to carry out the law. They can also provide information on
legislative or procedural matters.
Investigative Reports
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.
Communication – the use of language, spoken or written to exchange
ideas or transfer information. The transfer of information or ideas from one
person to another includes the transmission & receipt of message to affect
some type of action or change.
Report – is a detailed account of an event, situation, etc. usually based on
observation or inquiry.
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.
Reporting – is knowingly passing along information to someone else.
Fact – is anything which either through careful observation or investigation, has
been proven to exist as to have happened.
Note Taking – is defined as a brief notation concerning specific events that are
recorded while fresh in your mind and used to prepare a report.
Chronological Order – is the arrangement of events and/or actions in order by
the time of their occurrence.
Importance of Investigative Reporting

a. It serve as records for police administrators in planning, directing, and

organizing the unit’s duties.

b. Reports can be used as legal documents in the prosecution of criminals.

c. Reports can be used by other agencies.

d. Reports can be useful to local media which need access to public documents.

f. The author of a report should also consider that his/her (written) work is
reflective of his personality.

g. Reports can be a basis for research.

Different Types of Report

1. Police Blotter – is a record or log of daily events occurring within

the territories/jurisdiction of a given police unit or command. It
contains material details concerning the event for legal and statistical
purposes, it is also where all types of operations and undercover
dispatched shall be recorded containing the five W’s (WHO, WHAT,
WHERE, WHEN, and WHY) and one H (HOW) of an information.
2. Spot Report – this refers to 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 of
properties.
3. Progress Report – it is an accounting of the actions or series of actions undertaken
in relation to an ongoing investigation of a case. It include updates and or recently
discovered facts, data, evidence recovered, result of forensic examinations which
would shed further light into case and determine the next courses of action to be
taken.
4. Special Report – special reports are done either because one feels he has some
reporting to do, or a lower police unit or office is obligated based on the directives or
an instruction from the higher police offices.
5. Final Report – 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.
6. Investigation Report – is considered internal communication, and it should be
addressed to the chief or head of a police office. Investigation report is complete when
it answers the six interrogatives of police report writing – the 5W’s and 1H. It also
provides in brief, the sworn statements executed by the individuals having an interest
in the case being investigated
7. Flash Alarm – is an account relative to the commission of a crime or incident filed
by a complaining witness or victim to the Police citing the date, time, place, possible
motive of the commission/occurrence, how it was perpetrated and other details
relative to incident.
8. Investigator’s Notes – Recording Note: The data of the investigation should be
recorded in a complete, accurate and legible fashion so that in the event another
investigator is required to assume responsibility for the investigation, he can make
intelligent use of the notebook.
9. Case Referral Report – it serves as endorsement to the Prosecutors Office of the
case being brought by the investigating officer before their (Prosecutor) attention for
appropriate action (either for inquest or regular filing). When the particular case is
already referred to the Prosecutor the investigation of the case terminates and the
jurisdiction over the case already resides with the Prosecutor in-charged.
10. Referral Notes – used to inscribe incidents, cases and other important events
that transpire during his/her tour of duty.
11. Coordination Report – a report which is used as a means of formal
coordination to be made by the investigating agency with the police unit or military
unit having operational jurisdiction over the place where a police case operation
shall be conducted.
12. Turn Over of Crime Scene – procedure done by first responders to the
investigator/s in charge.

13. Turn Over of the Physical Evidence – procedure done by investigator/s on

case to the SOCO team.
• After Case Hearing Report (during trial).
• After Case Hearing Report (during promulgation).
14. Case Folder – complete copy of investigative documents in a particular case.
• Special Report in Civilian Letter Format.
• Forensic request Format.
Important Terminologies

Complainant (victim)- is the person who initiates a formal complaint.

Respondent (civil case) - is the person against whom the formal complaint is
made.
Accused (criminal offense)
Complaint Affidavit - a sworn statement prepared by someone who wishes to
file a legal complaint. (Google )
Affidavit of Complainant - A written explanation or fact made under oath that
states the nature of the complaint, the identity of the complainant and the facts of
the complaint as seen or reported by the complainant himself.(Legal)
Affidavit of Arrest - is generally filled out by the arresting officer and states the
facts and circumstances surrounding the arrest. The affidavit may state the 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. (Google)
Affidavit of witness – is a written statement given voluntarily by the affiant. 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.

Affidavit of desistance – is a written statement under oath by the complainant saying that he/she is no longer
interested in pursuing a complaint or criminal case against another person. The affidavit of desistance is filed
before the office or court where the complaint is pending or being investigated. However merely filing the affidavit
of desistance does not automatically dismiss the complaint or criminal case. The decision to dismiss the
complaint or criminal case ultimately lies with the investigating officer or the judge.

Judicial affidavit -A written and sworn statement filed in court in lieu of the witness’ testimony.
Reason for Judicial Affidavit

a. The judicial affidavits of witnesses shall take the place of such witnesses’ direct testimonies.
b. To speed up the disposition of cases before the courts.
Important terminologies

Judicial affidavit -A written and sworn statement filed in

court in lieu of the witness’ testimony.

Reason for Judicial Affidavit

- The judicial affidavits of witnesses shall take the place of

such witnesses’ direct testimonies.
- To speed up the disposition of cases before the courts.
 Important Terminologies
Memorandum for Preliminary Investigation
- is a written document that endorses the case for inquest proceedings by the
investigator on case.

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. Preliminary investigation is
required to be conducted before the filing of a complaint or information for offenses where
the penalty prescribed by law is at least four years, two months and one day.

Notice of Appeal
-is a legal form that states the intention of one party to a case to submit a decided
case for appeal to the appellate courts.
Search Warrant

– is an order in writing issued in the name of the People of the

Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described
therein and bring it to the court.
Requisites for the issuance of Search Warrant

A search warrant shall be issued only upon probable

cause in connection with one specific offense to be
determined personally by the Judge after examination
under oath or affirmation of the complainant and the
witnesses presented. The search warrant shall
particularly described the place to be searched and the
things to be seized which may be anywhere in the
Philippines.
a. The following properties may be the objects of a search
warrant:

1. Properties which are the subject of the offense

2. Stolen, embezzled proceeds, or fruits of the offense
3. Objects including weapons, equipment, and other items used or
intended to be used as the means of committing an offense.

b. Objects that are illegal per se, even if not particularly

described in the search warrant, may be seized under the plain
view doctrine.
 Validity of Search Warrant
1. The warrant shall be valid for ten (10) days from date of issuance and may be served
at any day within the said period. Thereafter, it shall be void.
2. If, implementation of the search warrant, its object or purpose cannot be accomplished
in one day, the search can be continued the following day, or days, until completed,
provided it is still within ten (10) day validity period of the search warrant.

3. If the object or purpose of the search warrant cannot be accomplished within the ten
(10) day validity period, the responsible police officer conducting the search must file,
before the issuing court, an application for the extension of the validity period of said
search warrant.

Time of Search

The warrant should be served during daytime, unless there is a provision in the
warrant allowing service at any time of the day or night.
Prohibited Acts in the Conduct of search by Virtue of a Search Warrant

a. Houses, rooms, or other premises shall not be searched

except in the presence of the lawful occupant thereof or any
member of his family or, in the absence of the latter, , in the
presence of two (2) witnesses of sufficient age and discretion
residing in the same locality.

b. Lawful personal properties, papers, and other valuables not

specifically indicated or particularly described in the search
warrant shall not be taken.
Police investigator, considering that he is the one responsible for
maintaining and compiling the case, must be kept knowledgeable of
these forms and their purposes.
 Continuation:

General Principles in Filing Forms and Reports

- Work on the principle of due process and always consider the suspect as an
“accused” where one is considered innocent until proven guilty beyond reasonable
doubt.
- All reports should be factual or based on facts and evidence presented and not
anchored on the beliefs or assumptions of the investigator.
- A misspelled word can change the entire meaning of a statement or report.
- A wrongly used term with different connotations can change the meaning of a
statement or report.
- Consider only the ULTIMATE FACTS.

Ultimate Fact

A fact essential to the claim or the defense. Also termed as elemental fact or
principal fact. (Black’s law Dictionary)
 Order of Examination of Witnesses

1. DIRECT EXAMINATION (by Proponent) – is the initial questioning of a witness, by

the party that called them to the stand.
2. CROSS EXAMINATION (by Opponent) - is the act of the opposing party
questioning the witness during a trial. It gives the opposing party an opportunity to
point out the weaknesses of a witness’s testimony.

3. RE-DIRECT EXAMINATION (by Proponent) – is the examination of your own

witness after he has been cross-examined by your adversary.
4. RE-CROSS EXAMINATION (by Opponent) – is a second round of questioning of
a witness by the opposing party’s lawyer, after the redirect examination.
Contents of the Case Folder
1. Police blotter
2. Spot Report
3. Progress Report
4. Final Report
5. Case Referral (Regular Filing and Inquest)
6. Sworn statements/Affidavits of complainant witnesses
7. Affidavit of arresting officers (if arrested)
7. Documentary evidence (ex. Medical certificate, pictures etc.)
8. Investigation report if requested
Required Documents for Case Folders

1. Sworn Statement of (Complainant)

2. Sworn Statement (Witnesses)
3. Affidavit of Arrest (by arresting officers)
4. Documentary Evidence
5. Judicial Affidavit
6. others documents needed
 End

‘To Teach is to Touch Lives Forever’

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