LEARNING MATERIAL IN TECHNICAL ENGLISH 2

Course Description
This course covers the different legal forms
or legal documents used by various
agencies of the government including
judicial and Quasi-Judicial Bodies, and
Private institutions.

Objectives
After the completion of the module, you should be able to:
1. Develop a critical and analytical understanding and
appreciation to the concepts of legal forms;

2. Acquaint themselves of and classify the different legal

forms or documents;

3. Develop skills in the preparation of different Legal Forms

which are properly observed in investigation,
documentation and filling of cases.

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CHAPTER 1
Basic Concepts of Legal Forms

Lesson 1

What are LEGAL FORMS?

Legal means conforming to or permitted by law or established and Forms means a

printed or typed document with blank spaces for insertion of required or requested information (Merriam-
webster.com)
LEGAL FORM 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.
These could be in the forms of Acknowledgement and Jurat, Affidavits, Sales of Realty, Sales of
Personal Property, Mortgages, Powers of Attorney, Special Contracts and Agreement, Gratuitous contracts
and Dispositions, Partnerships and Corporation, and Complaints in Criminal Cases. Official notices may also
be considered as legal forms such as Summons, Appearance Notice, Subpoena, Warrant of Arrest,a nd
Search Warrant (Bajado – Nano & Pioquinto, 2014).
Importance of Legal Forms
The memory of people is short. Parties to a verbal agreement often disagree as to what they have
agreed several months or years after they have entered into a verbal agreement. To avoid such situation and
in order to have a clear guide and evidence of the terms they have agreed, lawyers, or even the parties
themselves, request a written agreement for their contract or legal transaction. Moreover, form is important
when the law requires a document or other special form. And when the law requires that a contract be in
some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that
requirement is absolute and indispensable. In the same way, judicial proceedings make use of forms as
documentary requirements and evidence for these proceedings, containing therein legally binding
information.

LEGAL FORMS IN ACTION

Legal Forms covers the study of Business Forms and Judicial Forms. Business Forms are 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, Rolando A, 2007).
A Business Contract is an agreement in which each party agrees to an exchange, typically involving
money, goods, or services. Sales agreement and service agreements are common examples of business
contracts (https://legaltemplates.net).
On the other hand, a business transaction is an event involving an interchange of goods, money or
services between two or more parties. Some examples of business transactions are buying insurance from
insurer and selling goods to customer for cash (https://smallbusiness.chron.com).

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Judicial Forms refer to forms which pertain to different kinds of pleadings, applications, petitions,
affidavits, motions, and the like (Suarez, Rolando A., 2007). Furthermore, Judicial forms include forms in
Ordinary Civil Actions, Special Civil Actions, Special Proceedings and Criminal Actions (Suarez, Rolando A.,
2007).
These are given below with some examples:
1. Ordinary Civil Action is one by which a party sues another for the enforcement or protection of a right
or the prevention or redress of a wrong (https://attyalvinclaridades.wordpress.com).
a. Complaint
b. Answer
c. Motion
d. Cross-claim
e. Third-party complaint
2. Special Civil Action is an action whereby one party sues another to enforce or protect a right or protect
a right or to prevent the commission of a wrong by following special rules of procedure ( Suarez,
Rolando A, 2007).
a. Interpleader
b. Declaratory Relief
c. Mandamus
d. Prohibition
e. Quo Warranto
3. Special Proceeding is a remedy by which a party seeks to establish a status, a right, or a particular
fact (1997 Rules of Civil Procedures).
a. Petition for Escheat
b. Petition for Habeas Corpus
c. Petition for Appointment
d. Petition for Letters of Administration
e. Petition for Guardianship
4. Criminal Action is the procedure by which a person accused of committing a crime is charged, brought
to trial, and judged (https://legagaldictionary.thefreedictionary.com)
a. Information for Homicide
b. Information for Murder
c. Information for Robbery
d. Complaint Affidavit for Violation of B.P. Blg.22
e. Information for Less Serious Physical Injuries
LET’S HAVE A REVIEW ABOUT REPORT WRITING
– are those papers, financial statement, books, bound reports, magnetic tapes,
photographs, microforms, manuals, arts and etc.
– Also defined as any information being kept by an organization for future reference.
This could be: TEXT; DATA; IMAGE or VOICE.

 Writing is one of the most indispensable skills that a learner should develop to be able to
express his or her ideas effectively. Writing is a skill that every student should master for efficient
expression of ideas.
 Similarly, this skill is needed in all types of professions and jobs specially because COMMUNICATION
is a vital component of any endeavor.
 Proficiency in writing is required not only for civilians but also for uniformed personnel such as Police
Officers who are considered the premier law enforcers in the country.
 They write reports during their day-to-day activity.
 It is imperative then that they master writing to come up with an effective police report which is also
considered as the LIFE BLOOD OF POLICE WORK.

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 Complete, factual, accurate and detailed reports can speed up an investigation.

 While incomplete, opinionated, inaccurate, or misleading reports can impede it or even get it
dismissed in court on the basis of technicality.
 That is why it is very important to LEARN AND PRACTICED HOW TO WRITE A REPORT.
NATURE OF REPORT WRITING
A REPORT is an objective statement of the findings of the investigator; this an official record of the
information that is relevant to an investigation. Therefore, a good report plays an important role in the
success of any investigator. There is a great demand for every report writer to fully develop his writing skills
so that the best written outputs will be achieved.
POINTS TO CONSIDER IN WRITING A REPORT
✓ Using the best language
✓ Avoiding errors of form
✓ Avoiding errors of substance

THE REPORT MUST HAVE A BEST LANGUAGE AND INCLUDES CHARACTERISTIC.

A. CONCISE – Concise writing means using the fewest words possible to convey an idea clearly.
B. CLEAR – Clear Writing is a way of presenting information so that it is easy for everyone to read and
understand.
C. ORGANIZED – Organization in writing is how ideas are presented. The three common methods
of organizing writing are chronological order, spatial order, and order of importance.
D. THOROUGH – It is being careful about doing something in an accurate and exact way: meticulous;
and being extremely attentive to accuracy and detail.
E. ACCURATE – Accuracy in writing refers to the correctness and precision of the information
conveyed in written form. It involves using proper grammar, spelling, punctuation, and syntax to
ensure that the content is clear, understandable, and free of errors.
F. ADEQUATE – it means it is enough for what is required or needed; sufficient; suitable or fit.
STRATEGIES IN WRITING GOOD REPORT
1. Check and re check first whether notes on gathered facts are already complete and organized.
2. If notes on gathered facts are insufficient, go back into the process of gathering more facts related
to the situation.
3. Make an outline of the report basing from the completely gathered facts.
4. Use the chronological order of writing in presenting facts and ideas in the writer report.
5. The report should basically answer the complete 5 w’s and 1 h.
6. Prepare a report that could either be simple, brief, complex, or in memorandum form, depending on
its required format.
QUALITIES OF GOOD REPORT
1. CLARITY – refers to the clearness of thoughts, style or expression of the writer. In short, direct to
the point.
Example:
UNCLEAR:
The pump boat capsized because it was overloaded.
CLEAR:
The pump boat capsized because it was overloaded. Rescuers confirmed that the pump
boat can only hold five people. Witnesses said that there were ten people when it capsized.

2. ACCURACY – It is the conformity to facts and representation of truth with precision and exactness.
It is also a specific report. An accurate report is a true reflection and representation of facts.

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Example:
INACCURATE:
The child was hit by a speeding motorcycle.
ACCURATE:
The child was hit by a blue Honda Wave motorcycle, which is approximately travelling an
estimated speed of 50 kph.

3. COMPLETENESS – This statement or report should be answerable by the 5Ws and 1H.
Example:
INCOMPLETE:
The missing boy was found.
COMPLETE:
The 5-year-old boy from Lapu-Lapu City who was missing for seven days was found
wandering in A.C Cortes Avenue by a couple from Mandaue City.

4. BREVITY – Omits materials or information that is useless and irrelevant to the whole report. Avoid
wordiness and redundancies.
Example:
WORDY:
The victim telephonically contacted the police station right after the incident happened.
CONCISE:
The victim called the police station after the incident.

5. FAIRNESS – ALWAYS base the reports on facts, and if there are theories these should be verified
first and be consistent with facts.
Example:
BIASED:
If a fireman couldn’t fireproof his own home, how can he save another man’s house?
UNBIASED:
If a fire fighter couldn’t fireproof his home, how can he save another people’s houses?

6. SPECIFICITY – A good writer must be precise and specific in writing his or her report and should
avoid ideas that could mislead the readers.
Example:
UNSPECIFIC:
She died of stab wounds.
SPECIFIC:
She died of five stab wounds in her chest, and another five stab wounds in her upper right
rib cage.

7. FORM AND STYLE – Form refers to the proper adherence to grammar and mechanics and a good
report should follow the style and arrangement of standard report writing.

The importance of report writing:

 Reports may serve as records for planning, directing, organizing units, and duties of police
administrations.
 In the prosecution of criminal, reports are used as legal documents
 They could be reference and could be used by other agencies

Purposes of report writing:

 Local media, which needs access to public documents can use reports
 Reports serve as a reflection of the investigator or writers’ personality
 Reports can be used as a basis for research
 For accounting and justifying the police organizations activities and programs
 For information regarding the police organizations progress, future needs, plans and decisions.
 For administrative control
 For information regarding police, programs, resources, procedures and all other matters and works
in the police organizations.

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BASIC REQUIREMENTS OF POLICE REPORT WRITING (5W`s and 1 H)

 The WHO, WHAT, WHERE, WHEN, WHY AND HOW are the most important questions, that an
investigator must consider in writing his reports, because these questions cover the essentials of
police report writing.
 In police reports, the WHO, WHEN AND WHERE generally appear at the beginning of the
paragraph.
 It is vital that the reader should know the persons involved, in the incident, the specific time and
date which it happened, and the place and the location where it happened.
 The WHAT AND HOW generally answers all the questions throughout the whole report.
 Depending on the situation of the report, the WHY may appear either before or after the what.

✓ Who is the culprit?

✓ Who are the victims?
✓ Who is aggravated party?
✓ Who is the leader of the suspected group?
✓ Who is the accomplice of the crime?
✓ Who worked on the case?
✓ Who responded on the alarm?
✓ Who searched and gathered the evidence?
✓ Who reported the crime?
✓ Who cordoned the area?
✓ Who searched and gathered the evidence?
✓ Who investigates the crime?
✓ Who has a contact number of the victim?
✓ Who knows where the suspect lives?
✓ Who is being attacked?

✓ What law is violated?

✓ What did the suspect do to the victims?
✓ What was the reaction of the victim’s family?
✓ What was the motive of the crime?
✓ What did the police do with the victim?
✓ What was the response of the victim?
✓ What type of property was attack?
✓ What was stolen, lost, or found?
✓ What was committed?
✓ What evidences are recovered from the crime scene?
✓ What are the elements of the crime?
✓ What kinds of weapon were used in the crime?
✓ What did the police officer do after being notified about the crime?
✓ What agencies are notified about the crime?
✓ What evidences are presented in court?
✓ What is the verdict of the case?
✓ What made the suspect confess?
✓ What type of vehicle was used by the culprit?

✓ Where was the crime committed?

✓ Where did the crime take place?
✓ Where was the victim found?
✓ Where was the suspect during the crime?
✓ Where is the suspect now?
✓ Where are the entry and the exit points of the crime scene?
✓ Where can the witnesses be found?
✓ Where is the location of the explosives?
✓ Where is the police station?
✓ Where is the investigator now?

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✓ Where was the body found?

✓ Where did the marked money go?
✓ Where did you see the subject?

✓ When was the exact time that the crime was committed?
✓ When did the crime happen?
✓ When was the body of the victim recovered?
✓ When was the suspect arrested?
✓ When did the suspect arrive?
✓ When did the suspect surrender to the authorities?
✓ When they are going to investigate?
✓ When will they file a complaint?
✓ When will be the hearing?
✓ When will be the deadline of the investigation?
✓ When are you going to submit your investigation report?
✓ When will the suspect be prosecuted?
✓ When are we going to discuss about your testimony?
✓ When are you going to appear in court?

✓ Why did the suspect commit the crime?

✓ Why did the witnesses report the crime?
✓ Why are the witnesses afraid to divulge information about the suspect?
✓ Why is the suspect lying?
✓ Why did the suspect commit the crime at such particular time, date, and place?
✓ Why did the suspect attack the victim?
✓ Why is the crime committed?
✓ Why are there no witnesses to the crime?
✓ Why did the suspect hide from authorities?
✓ Why did the suspect surrender to the authorities?
✓ Why did the suspect conceal the evidences?
✓ Why did you not report to the crime scene?
✓ Why are this crime happening?
✓ Why are you going to pursue the case?
✓ Why are you going to file a complaint?

✓ How was the offense or crime is committed?

✓ How did the policemen respond?
✓ How did the suspect react to the authorities?
✓ How are you going to answer the accusations?
✓ How did the investigator handle the case?
✓ How did they discover the evidence?
✓ How was it reported?
✓ How are you going to explain everything to the police?
✓ How did the law enforcers arrest the criminal?
✓ How much was the damage of the property?
✓ How much money was stolen?
✓ How was entry gained in the property?
✓ How many people was involved in the commission of the crime?
✓ How are you going to give your alibi?
✓ How will you plead, guilty or not guilty?
These six questions cover the essentials of many typical police report. A police report is written because
a crime is committed, and investigation of it is made. If the writer has failed to ask important questions during
investigation in his/her filed note or tickler, then he/she is in for an incomplete report, which understandably
will be unreliable.

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Lesson 2

WHAT IS POLICE BLOTTER?

 The National Headquarters, Philippine National Police issued Circular no. 05 on

December 10, 1992 entitled the Prescribing Uniform Police Blotter for the Philippine
National Police.
 In which this circular mandated the different police officers and units to follow the said form and
usage of POLICE BLOTTER.
 PNP Manual defines POLICE BLOTTER as a logbook that contains the daily registry of all crime
incidents reports, official summaries of arrest, and other significant events reported in a police
station.
 In reference to PNP Circular No. 05, police blotter is defined as a daily record of events within the
territories of a police unit; it contains daily material concerning events for legal and statistical
purposes.
 The contents of the POLICE BLOTTER entry should answer the 5 W`s and 1H, as well as the
disposition of the case.
 It is a hardbound book measuring 12 inches by 16 inches. Printed in the front cover is the b=name
or designation of the police district or station, the number or book number, the series number, and
the period covered.

Procedures in making a blotter:

1. All entries in the police blotter shall be handwritten in a clear, concise, and simple manner but must
answer as far as practicable, 5 w’s and 1h.
2. Only facts, not opinion, are entered in the blotter.
3. No erasures shall be made on entries. Correction is made by drawing a horizontal line over such
words or phrases and the actual entry initiated by the police officer making the correction
4. A ball pen with blue, black, or blue-black ink is used for making the entries.
5. Misinterpretation of the blotter or any attempt to suppress any information is punishable criminally
and administratively.
6. All entries must be legibly written in longhand and consecutively numbered.
7. Every page of the blotter shall be consecutively or chronologically filled in.
8. Any development of a case reflected in the blotter should be a new entry at a time and day it was
reported. A reference to the previous entry number of the case, however should be made.
9. During every shift, the duty sergeant, under the supervision of the duty complain desk officer, shall
make the actual entries on the blotter and at the end of their tour of duty, both the duty sergeant and
duty complaint desk officer shall sign the blotter.

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CHAPTER 2
Legal Forms

Lesson 3

LEGAL FORMS RELATED TO LAW ENFORCEMENT

Bajado – Nano & Pioquinto (2014) enumerated the ff legal forms used in law enforcement.
1. Sworn Statements
2. Affidavits
3. Complaints in Criminal Cases
4. Inquest Forms
5. Information (https://ndvlaw.com)
6. Deposition of Witness (https://lawphil.net)
7. Motion for Reconsideration (https://itlaw.wikia.org)
Sworn Statements / Sworn Declaration.
 This is a document that contains facts related to legal proceeding. The person who makes the
declaration affixes his/her signature in a separate endorsement paragraph at the end of the
document with a statement that the declaration is made under oath. It is a document that recites
facts pertinent to a legal proceeding. It is very similar to an affidavit, but unlike an affidavit, it is not
witnessed and sealed by an official such as a notary public.
 In taking sworn statements, the police officer should comply with Section 12, Article lll of the 1987
Constitution. It states that “any person under custodial investigation for the commission of an
offense shall have the right to remain silent and to have a competent and independent counsel. He /
she must be provided with one. These rights cannot be waived except in writing and in the presence
of counsel. No torture, force or violence, threat, intimidation or any means which influences the free
will shall be used against him/her. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
 TAKE OATH. Traditionally an oath is either a statement of fact or a promise with wording relating to
something considered sacred as a sign of verity. To swear is a verb used to describe the taking of
an oath, to making a solemn vow.
 In taking the sworn statement, the police office should comply with the Sec. 12 of Art. 3 of 1987 Phil.
Constitution.
 That any person under custodial investigation for the commission of an offense shall have the right
to remain silent, and to have a competent and independent counsel. He or she must be provided
with one.
 These rights cannot be waived except in writing and in the presence of counsel. No torture, force or
violence, threat, intimidation or any means which influences the free will shall be used against him.
Affidavits
 These are types of verified, formal sworn statements of fact signed by an affiant or author, and
witnessed by a notary public. These could be used as evidence in court proceedings.
 An affidavit could be used as evidence in court proceedings.
 An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an
oath or affirmation administered by a person authorized to do so by law.
 AFFIANT is a person who swears to an affidavit.
 DEPONENT is a person who makes a deposition or affidavit under oath.

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Components of Affidavit
✓ Commencement – this is being identified by the affiant
✓ Individual averments – these are separate claims that are numbered as mandated by law
✓ Statement of truth – statement verifying that what is stated is true under oath
✓ Attestation – a clause certifying the oath and the date made by the affiant
✓ Signature – the signature of the affiant and notary republic
Examples of Affidavits are the following:
1. Affidavit of Complaint
 Section 3 of Rule 110 defines complaint as a sworn written statement charging a person with
an offense, subscribed by the offended party, any peace officer, or other public law officer
charged with the enforcement of the law violated.
 This complaint may be filed in the prosecutor’s office. Filing of the complaint is necessary to
conduct preliminary investigation. The persons who may file a criminal complaint are the
offended party refers to the person against whom or against whose property the crime was
committed, any peace officers refer to any members of the Philippine National Police, and
other public officer charged with the enforcement of the law violated refers to person in the
government services (ex. Authorized BIR agents, Customs Agent, etc.)
 Who may file a complaint?
✓ The offended party- this is the person against whom or against whose property the
crime was committed.
✓ Any police officer- this includes any member of the PNP.
✓ Other Public officer- this includes person in the government services.
 The following are parts of an Affidavit of Complaint:
1) the name of the accused
2) the designation of the offense by the statute
3) the acts or omissions complained of as constituting the offense
4) the name of the general offended party
5) the approximate time of the commission of the offense
6) the place wherein the offense was committed
2. Affidavit of Desistance
 A complaint executes an affidavit of desistance when he no longer wishes to pursue a case
against an accused or defendant in a court case. The complainant states that he/she didn’t
really intend to institute the case and she/he no longer interested in testifying or prosecuting.
 This is the only ground for dismissing the case if only the prosecution can no longer prove the
guilt of the accused beyond reasonable doubt without the testimony of the offended party.
3. Affidavit of Arrest.
 This refers to a statement given under oath and penalty under perjury. It states about facts
and circumstances about the arrest, the information which led to the arrest, and the
observation made before and after the arrest. This is filled out by the arresting officer.
 This states about facts and circumstances about the arrest, the information which led to the
arrest, and the observation made before and after the arrest.
4. Affidavit of Witness
 An affidavit of witness is a legal and binding document of written testimony of a witness a way
for evidences to be presented to the court. It is usually filled out by a lawyer, and then filed as
part of the case.
 The affidavit has to be in paragraph form, and each paragraph covers one specific topic. The
full name of the person making the statement has to be included, as does the name of one
who affirms the statement. This kind of affidavit can also be used to record the testimony of
an expert witness in certain cases. This affidavit has to be truthful and just give facts, not
personal feelings or opinions.
5. Affidavit of Denial

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 may be submitted to clear one's name when there are other records bearing the same name
with pending case or derogatory information.

Inquest Form
 The Department of Justice issued Department Circular No. 61 on the New Rules of Inquest.
Below are some citations on the Rules related to Inquest.
 An inquest is an informal and summary investigation conducted by
the public prosecutor in a criminal case involving persons
ARRESTED AND DETAINED WITHOUT THE BENEFIT OF A WARRANT OF ARREST
issued by the court for the purpose of determining WHETHER SAID PERSONS SHOULD
REMAIN UNDER CUSTODY AND CORRESPONDINGLY CHARGED IN COURT.
 The City or Provincial Prosecutor shall designate the prosecutors assigned to inquest duties
and shall furnish the Philippine National Police (PNP) a list of their names and their schedule
of assignment. If, however, there is only one prosecutor in the area, all inquest cases shall be
referred to him for appropriate action.
 Unless otherwise directed by the City or Provincial Prosecutor, those assigned to inquest
duties shall discharge their functions during the hours of their designated assignments, and
only be done at the police stations/headquarters of the PNP in order to expedite and facilitate
the disposition of inquest cases.
 The inquest proceedings shall be considered commenced upon receipt by the Inquest Officer
from the law enforcement authorities of the complaint/referral documents which should
include: the affidavit of arrest, the investigation report, the statement of the complainant and
witnesses, and other supportive evidence gathered by the police in the course of the latter’s
investigation of the criminal incident involving the arrested or detained person.
 The Inquest Officer shall, as far as practicable, cause the affidavit of arrest and
statements/affidavits of the complainant and the witnesses to be subscribed and sworn to
before him by the arresting officer and the affiants. The Inquest proceedings must be
terminated within the period prescribed under the provisions of Article 125 of the Revised
Penal Code, as amended.
 It includes:
✓ The affidavit of arrest
✓ The investigation reports
✓ The statement of the complainant and witness
✓ Other supportive evidence gathered by the police in the course of the latter’s
investigation of the criminal incident involving the arrested or detained person.

Complaints in Criminal Cases

 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 (Rules of Court).
 It is important that those who will be writing the police report will be familiar with the forms of
complaints in criminal cases, its format, and the standard headings and captions of cases.
The familiarization of all these will help him in his reports, and in any court proceedings. These
standard headings and captions are used in the Supreme Court, Court of Appeals, and
Municipal Courts.

Information
 This is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court (Rules of Court).
 After the filing of the Affidavit of Complaint, the process of preliminary investigation
commences. 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. This is a crucial stage in
criminal proceedings because the prosecutor will have to determine whether there is sufficient

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ground to file an information in court against the alleged perpetrator. If the prosecutor finds
probable cause, he will issue a resolution spelling out the reasons for such finding, and will
correspondingly file an information in court, with the recommended bail. On the other hand, if
there are no sufficient grounds, then the prosecutor will dismiss the case.

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
(https://www.law.cornell.edu).
 In criminal cases, depositions are normally taken to preserve testimony from a witness. The
procedures for taking depositions in criminal cases recognize the prosecution’s right to
preserve testimonial evidence and prove its case despite the unavailability of its witness
(https://lawphil.net)

Motion for Reconsideration

 A motion for reconsideration (or motion to reconsider) is a legal filing where a party to a lawsuit
requests the court to review a prior decision and consider issuing a new or different decision
in light of that review (https: itlaw.wikia.org).

✓ Acknowledgement and jurat certificates are the two most common notarial acts, yet there is confusion
about the difference between these forms for many signers.
✓ Jurats is used when the signer is swearing to the content of the document. The notary must
administer an oath or affirmation to the signer in order to complete the jurat. A jurat also requires that
the signer signs in the presence of the notary. It is possible to glean this information from the jurat
certificate its self. The wording states “Subscribed and sworn to before me…” – subscribed meaning
“signed” and sworn meaning that an oral oath or affirmation was given. “Before me” means that both
were done in the presence of the notary public.
✓ Acknowledgements is used to verify the identity of the signer and to confirm that they signed the
document. They are not swearing to the truthfulness or validity of the document, they are simply
acknowledging that they signed the document.

✓ GRATUITOUS CONTRACT – It is a contract in which one party promises to do something without

receiving anything in exchange. Therefore, in such contracts only one person is benefited. The
other party receives no profit or advantage or any advantage promised as a consideration for it. Gift
is an example of a gratuitous contract.
✓ MORTGAGES – a legal agreement by which a bank or other creditor lends money at interest in
exchange for taking title of the debtor's property, with the condition that the conveyance of title
becomes void upon the payment of the debt.
✓ Power of Attorney for Mortgages – refers to instances in which power of attorney is
delegated by someone – referred to as the “agent” - to an individual - referred to as the
“attorney-in-fact” – to handle their financial affairs concerning mortgages. In many instances,
power of attorney for mortgages is granted due to illness.

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Lesson 4

OFFICIAL NOTICES

Official notices may be in the forms of the following: Summons, Appearance Notice,
Subpoena, Warrant of Arrest, and Search Warrant. Exemplified below are the description and examples of
each form (Bajado-Nano & Pioquinto, 2014).
1) Summons/Appearance Notices.
Appearance notice and summons are official notices telling a person that he/she has to appear
in court at a specific time and place to answer to a criminal charge. Usually, a police officer gives the
appearance notice, and a summons may be received in the mail.
Specifically, an appearance notice is given to a person before he/she is charged with an
offense, while summons is given to a person who has already been charged with an offense.
The appearance notices or summons tells a person of the date he/she has to appear in court,
the location of the court, and the types of offenses he/she is charged with such as The Summary
Conviction Offenses which are minor offenses like causing a disturbance or shoplifting, and the
Indictable Offenses which are more serious, like murder, sexual assault, breaking and entering.
In cases where the second paragraph of the appearance notice or summons is filled out, the
addressee has to go to the police station to be fingerprinted and photographed. If a person fails to go,
a warrant of arrest may be issued for his/her arrest. It is advisable to get a legal advice or speak to a
lawyer right away if one receives an appearance notice or summons.
2) Subpoena.
This is an order from the court that requires an individual to be somewhere in person at a
certain place, date and time to testify as a witness in a case.
Specifically, a subpoena is a conditional threat of punishment made by a governmental
authority if it is attached to a command, so that if the recipient does not do as commanded then that
person may be punished. If a person given a subpoena does not appear, some courts have the
discretion to find the person in contempt of court and either order the person’s arrest or issue fines
accordingly.
Types of Subpoenas
a) Subpoena Ad Testificandum – it orders a person to testify before the ordering
authority or face punishment
b) Subpoena Duces Tecum – it orders a person to bring physical evidence before the
ordering authority or face punishment
If a person given a subpoena does not appear, some courts have the discretion to find the
person in contempt of court and either order the person`s arrest or issue fines accordingly.
3) Warrant of Arrest.
Section 1-4, Rule 113 of Criminal Procedure states the following about arrest:
Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense. An arrest is made by an actual restraint of a person to be arrested, or by
his/her submission to the custody of the person making an arrest. No violence or unnecessary force
shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than
is necessary for his/her detention. It shall be the duty of the officer executing the warrant to arrest the
accused and deliver him/her to the nearest police station or jail without unnecessary delay. The head
of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be
executed ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the
officer to whom it was assigned for execution shall make a report to the judge who issued the warrant.
In case of his/her failure to execute the warrant, he/she shall state the reasons thereof.

The following persons may make/effect/execute an arrest:

a) Police Officer (in both warrantless arrest and arrest with warrant),
b) Private person (only warrantless arrest or citizen’s arrest),

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c) Members of investigation staff of the NBI (under RA 157, as amended), bailor (may
arrest the accused for the purpose of surrendering him in court (US vs. Addison, 27
Phil. 563; People vs. Caderao, & SCRA 639),
d) Sheriff or Deputy Sheriff (may arrest a witness who failed to attend and obey subpoena
despite proof of service thereof; (Sec.11, Rule 23),
e) Provincial or City Probation Officer (may arrest probationer under his care; Sec. 24,
PD 986, as amended),
f) Commissioner of Land Transportation and his deputies (are authorized to make arrest
for violation of Land Transportation and Traffic Code in so far as motor vehicles are
concerned; RA 4136, as amended).
Only judges may issue warrant of arrest. This exception is in case of deportation of illegal
and undesirable alien, whom the President or the Commissioner of Immigration may order arrested
following a final order of deportation for the purpose of deportation. A judge may not issue a warrant
of arrest without recommendation for bail where offense is bailable.
The persons who cannot issue warrant of arrest are:
a) Clerk of court (Amargas vs. Abbas, 98 Phil. 739; Arcilla vs. Acevedo, 88 SCRA 53),
b) Public prosecutor (fiscal) (Lino vs. Fugoso, 77 Phil. 933),
c) Mayor (Ponsica vs. Ignalaga, 152 SCRA 647).

The persons exempted from arrest are:

a) Senator or Congressman in all offenses punishable by not more than 6 years
imprisonment shall be privileged from arrest while Congress is in session. (Sec. 11,
Art. VI, 1987 Phil. Constitution),
b) Heads of State, Foreign Sovereigns, Ambassadors, Public Ministers are exempted
from arrest, but Consuls do not enjoy the same privilege.

4) Search Warrant
Rule 216, Section 1 of Criminal Procedure defines search warrant as 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 before the court.
A search warrant is in the nature of a criminal process akin to writ of discovery. It is a special
and peculiar remedy, and drastic in nature. It is merely a judicial process designed by the Rules to
respond only to an incident in the main case, if only one has already been instituted or in anticipation
thereof (Malavan vs. Court of Appeals, 232 SCRA 249).
The securing of a search warrant is a measure that should be encouraged earnestly to the
end that the police authorities will respect the constitutional and legal rights of the persons whose
premises are to be subjected to search (People vs. Go,237 SCRA 73).
The Supreme Court issued Circular No. 13 regarding the guidelines and procedures in the
issuance of search warrants. This is a measure to better serve the public good and facilitate the
administration of justice.
Below are some of the guidelines applicable to this:
All applications for search warrants, if filed with the Executive Judge, shall be assigned by
raffle, to a judge within his/her administrative area, under whose direction the search warrant shall be
issued for the search and seizure of personal property. After the application has been raffled and
distributed to a branch, the judge who is assigned to conduct the examination of the complainant and
witnesses should immediately act on the same, considering that the time element and possible
leakage of information are the primary considerations in the issuance of search warrants and seizures.
The judge must, before issuing the warrant, personally examine in the form of searching
questions and answers, in writing and under oath, the complainant and any witnesses he/she may
produce and attach to the record their sworn statements together with any affidavits submitted. If the
judge is thereupon satisfied of the existence of the facts upon which the application is based, or that
there is probable cause to believe that they exist, he/she must issue the warrant substantially in the
form prescribed by the Rules.
In every court, there shall be a logbook under the custody of the Clerk of Court wherein shall
be entered within 24 hours after the issuance of the search warrant the following: date and number

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of the warrant; name of the issuing judge; name of the person against whom the warrant is issued;
offense cited in the warrant; and name of the officer who applied for the warrant and his/her witnesses.
WHEN IS THE SEARCH OR SEIZURE UNREASONABLE?
✓ A search and seizure are unreasonable if it is made without a warrant, or the warrant was
invalidly issued.

WHY ARE THE REQUIREMENTS FOR THE ISSUE OF A SEARCH WARRANT MORE STRINGENT
THAN THE REQUIREMENTS FOR THE ISSUANCE OF A WARRANT OF ARREST?
✓ The right against unreasonable search and seizure is a core right implicit in the natural right
to life, liberty and property. Even in the absence of a constitution, individuals have a
fundamental and natural right against unreasonable search and seizure under natural law.
✓ Moreover, the violation of the right to privacy produces a humiliating effect that cannot be
rectified anymore.

WHERE ARE WE GOING TO APPLY FOR SEARCH WARRANT?

✓ Any court within whose territorial jurisdiction a crime was committed.

WHAT MAY BE THE SUBJECT OF A SEARCH WARRANT?

✓ Subject of the offense;
✓ Stolen or embezzled and other proceeds, or fruits of the offense; or
✓ Used or intended to be used as the means of committing an offense.

IS IT NECESSARY THAT THE PERSON NAMED IN THE SEARCH WARRANT BE THE OWNER
OF THE THINGS TO BE SEIZED?
✓ No, ownership is of no consequence.
✓ What is relevant is that the property is connected to an offense.

CAN THE POLICE OFFICER SEIZE ANYTHING THAT IS NOT INCLUDED IN THE WARRANT?
✓ No, anything not included in the warrant cannot be seized EXCEPT if its mala prohibita, in
which case, the seizure is justified under the plain view doctrine.
✓ Even if the object was related to the crime, but it is not mentioned in the warrant nor is it mala
prohibita, it still cannot be seized.

WHAT SHOULD THE POLICE OFFICER OR COURT DO TO THINGS SEIZED ILLEGALLY?

✓ Anything seized illegally must be returned to the owner unless it is mala prohibita. In such a
case, it should be kept in custodia legis.

RIGHT TO BREAK DOOR OR WINDOW TO EFFECT SEARCH.

✓ The officer, if refused admittance to the place of directed search after giving notice of his
purpose and authority, may break open any outer or inner door or window of a house or any
part of a house or anything therein to execute the warrant to liberate himself or any person
lawfully aiding him when unlawfully detained therein.

SEARCH OF HOUSE, ROOM, OR PREMISES TO BE MADE IN PRESENCE OF TWO WITNESSES.

✓ No search of a house, room, or any other premises shall be made except in the presence of
the lawful occupant thereof or any member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality.

5) Notice Of Appeal
It is a formal notice served by the appellant, a person who initiates an appeal, on the court and
the parties involved informing them of the appellant’s intention to request review of a lower court’s
order. It is the initial step in the appeals process. It informs the court and the party in whose favor a
judgment or order has been made that the unsuccessful party seeks a review of the case. Failure to
file a notice of appeal according to the statutory requirements will preclude appeal
(https://definitions.uslegal.com).

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