TECHNICAL WRITING
In conducting a proper and thorough investigation in the crime scene, it is required
that the investigator-on-case should have a sufficient knowledge in performing his duty. He
must be able to deliver the target output on his case. In accomplishing his aim, he must exert
more efforts in order to file a case in court in due time. As an aid to his investigation, the
different formats in legal forms provides relevant data in support to the case filing. These
formats serves as a tool in accomplishing the necessary document that an investigator need
in the filing of the case in court.
SWORN STATEMENT (Q & A) FORMAT
Preliminary statement
Stating the name and address of the affiant
The name of the investigator taking the statement
The office and address where the statement being taken
The name of the witness/s
Question and answer
Statement of the affiant
Date and time
Signature of the affiant
Signature of the administering officer
Certification of the administering officer
SWORN STATEMENT (Narrative) FORMAT
Caption
Narrative statement
Signature of the affiant
Signature of the administering officer
Certification of the administering officer
COMPLAINT SHEET (Carnapping)
Heading
Date
Caption
Name of the suspect/s
Address
Nature of the offense
Place where the offense was committed
Date / time the offense was committed
Local police unit first responded
Date reported
Witness/s
Brief statement of the complaint
Sketch of the incident
Description of the motor vehicle
Signature of the owner and driver
Duly certified by a counsel
COMPLAINT SHEET (Other Crimes)
Caption
Complaint No.
Date
Pertinent data of the complain
Brief facts or narrative of the complaint
Remarks of the receiving officer
Name and signature of the complainant / informer
Duly subscribed by chief of the office / unit
Date / time of complaint received
Name and signature of receiving officer
BOOKNIG SHEET AND ARREST REPORT
Heading
Caption
Date
Name of the arrested person
Address / place and date of birth / occupation
Status / sex / weight / height / age / educational attainment / school address
Identifying marks
Parents name and address
Offense charge
Arresting officer / unit / place of arrest / date and time
Signature of arrested person
Signature of arresting officer
Fingerprints
INVESTIGATION REPORT
Heading
Memorandum
Address block
Subject of the report
Authority
Matters to be investigated
Facts of the case
Investigation findings
Conclusion
Recommendation / disposition
Signature of the chief of office / unit
A 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
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 worn 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)
REQUIRED DOCUMENTS FOR CASE FOLDERS
1. Sworn Statement of (Complainant)
2. Sworn Statement of (Witnesses)
3. Affidavit of Arrest (by arresting officers)
4. Documentary Evidence
5. Judicial Affidavit
LEGAL FORMS
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.
Affidavit of Witnesses
A written explanation or fact made under oath that states the identity of the witness,
his relationship to the complainant and the nature of involvement or contribution of the
witness to the investigation of crime as seen or reported by the complainant himself
Affidavit of Arresting Officers
A written explanation or fact made by the arresting officers under oath stating the
identity of the arrested party, the crime he is alleged to have committed and manner of
arrest.
Application for Search Warrants
A form used by the investigator on case to apply for the issuance of a warrant of
arrest to a suspect based on evidence.
Deposition of Witness
Refers to the out of court oral testimony of a witness that is reduced to writing for
later use in court or for discovery purposes.
Complaint
Is any formal legal document that sets out the facts and legal reasons that the filing
party or parties beliefs are sufficient to support a claim against the party or parties against
whom the claim is brought that entitles the plaintiff to a remedy, either by damages or
injunctive relief.
Memo for Preliminary Investigation
A written document that endorses the case for inquest proceedings by the
investigator on case.
Notice of Appeal
A legal form that states the intention of one party to a case to submit a decided case
for appeal to the appellate courts.
Motion for Reconsideration
A legal form that requests the presiding judge to reconsider its decision and junk the
former decision made.
ADMINISTRATION OF OATHS
Section 50. Power to Administer Oaths
Officials of the Commission who are appointed by the President, as well as officers
of the PNP from rank of Inspector (Lieutenant) to Senior Superintendent (Colonel), shall
have the power to administer oaths on matters which are connected with the performance of
their official duties. (R.A. 6975, supra).
ADMINISTERING OF OATHS
Section 1. Authority to Administer Oath
In addition to the officials who, under existing laws, are authorized to administer
oaths, officers designated to conduct pre-charge evaluation and hearing officers of the
Commission, PNP, IAS, the Chairmen of the PLEB and Regional Appellate Boards have
authority to administer oaths on matters connected with the performance of their duties.
(Rule 23, NAPOLCO MC 2007-001).
JUDICIAL AFFIDAVIT
A written and sworn statement filed in court in lieu of the witness’ testimony.
Effectivity of Judicial Affidavit Rule – January 1, 2013
REASONS 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.
CONTENTS OF JUDICIAL AFFIDAVIT
a) The name, age, residence or business address, and occupation of the witness;
b) The name and address of the lawyer who conducts or supervises the examination and
the place where the examination is being held;
c) A statement that the witness is answering the questions asked of him, fully conscious
that he does so under oath, and that he may face criminal liability for false testimony
or perjury;
d) Questions asked of the witness and his corresponding answers, consecutively
numbered, that
1.) Show the circumstances under which the witness acquired the facts upon which
he testifies;
2.) Elicit from him those facts which are relevant to the issues that the case presents;
and
3.) Identify the attached documentary and object evidence and establish their
authenticity in accordance with the Rules of Court;
e) The signature of the witness over his printed name; and
f) A Jurat with the signature of the notary public who administers the oath or an officer
who is authorized by law to administer the same.
g) Sworn statement of the lawyer stating that:
1.) He faithfully recorded or cause to be recorded the questions he asked and the
corresponding answer that the witness gave; and
2.) Neither he nor any other person then present or assisting him coached the witness
regarding the latter’s answer.
JURAT
A certification added to an affidavit stating when and before what authority the
affidavit was made. It usually states: “Subscribed and sworn before me this (date)”.
The officer (Notary Public) certifies (1) the person signed the document; (2) the
person appeared; and (3) the person affirmed the contents of the affidavit
SUBPOENA
If the government employee or official, or the requested witness, who is neither the
witness of the adverse party nor a hostile witness, unjustifiably declines to execute a
judicial affidavit or refuses without just cause to make the relevant books, documents, or
other things under his control available for copying authentication, and eventual production
in court, the requesting party may avail himself of the issuance of a subpoena ad
testificandum or duces tecum under Rule 21 of the Rules of Court.
