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Legal Forms

The document outlines various legal forms and police report writing, detailing the components and types of affidavits, complaints, and inquest forms. It emphasizes the importance of clarity, accuracy, and completeness in police reports, while also providing guidelines for writing effective reports and maintaining police blotters. Additionally, it covers the essential elements of legal documents used in law enforcement and judicial proceedings.
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0% found this document useful (0 votes)
25 views142 pages

Legal Forms

The document outlines various legal forms and police report writing, detailing the components and types of affidavits, complaints, and inquest forms. It emphasizes the importance of clarity, accuracy, and completeness in police reports, while also providing guidelines for writing effective reports and maintaining police blotters. Additionally, it covers the essential elements of legal documents used in law enforcement and judicial proceedings.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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LEGAL FORMS AND

POLICE REPORT
WRITING
By: SHERWIN H. PINALGAN, LPT, JD, BAR
• are prototypes of any
documents or forms used in a
Legal Forms legal transactions or judicial
proceedings, these contain
LEGAL important matters conveyed
FORMS in technical terminologies
and presented in a suitable
and systematic order in
accordance with the
circumstances of any case.
PARTS AND TYPES
OF AN AFFIDAVIT
(Sworn Statement)
LEGAL FORMS
•These could be in the forms of
acknowledgement and jurat,
affidavits, sales of realty, sales of
personal property, mortgages,
powers of atty, Special contracts
and agreement, gratuitous
contract and complaints in
criminal cases.
LEGAL FORMS RELATED TO
LAW ENFOCEMENT
•Sworn Statement
•Affidavits
•Complaints in criminal cases
•Inquest Forms
SWORN STATEMENT
•This is also termed as
sworn declaration. It is a
document containing facts
related to a legal
proceedings.
SWORN STATEMENT
•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.
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.
AFFIDAVIT
•These are types of
verified, formal sworn
statement of facts
signed by an affiant or
author, and witness by a
notary public.
AFFIDAVIT
• 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.
• An affidavit could be used as
evidence in court proceedings.
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 Affidavit
•Affidavit of Complaint
•Affidavit of Desistance
•Affidavit of Denial
•Affidavit of Arresting Officer
•Affidavit of Witness
Affidavit of Complaint
•Complaint define as a sworn
written statement charging a
person with offense, subscribed
by the offended party, any peace
officer, or other public law officer
charged with the enforcement of
the law violated.
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.
Parts of a Complaint-Affidavit
• Name of the accused
• Designation of the offense by statue
• Theacts and omissions complained of as
constituting the offense
• Name of the general offended party
• Approximate time of the commission of the
offense
• Place wherein the offense was committed.
Sample
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.
Sample
Affidavit of Arrest
•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.
Sample
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.
Judicial Affidavit Rule
Inquest Form
Inquest Form
• 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 cou
rt for the purpose of
determining WHETHER SAID PERSONS S
HOULD REMAIN UNDER CUSTODY AND
CORRESPONDINGLY CHARGED IN
COURT.
It includes:
a. The affidavit of arrest
b. The investigation report
c. The statement of the complainant and
witness
d. 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.
Acknowledgement
and Jurat
• Acknowledgement and jurat
certificates are the two most
common notarial acts, yet
there is confusion about the
difference between these
forms for many signers.
Jurat
•A jurat 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.
Jurat
• 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.
Acknowledgement
• An acknowledgement 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.
Forms of Official Notices
•Summon
•Appearance notice
•Subpoena
•Warrant of arrest
•Search warrant
PARTS AND TYPES:
Different Kinds of
Pleadings
Motion, Manifestation, Petition
PLEADINGS
Section 1. Pleadings defined. —
Pleadings are the written
statements of the respective claims
and defenses of the parties
submitted to the court for
appropriate judgment. (1a)
MANIFESTATIONS/
MOTIONS AND
COMMENTS
MOTION
Section 1. Motion defined. – A
motion is an application for
relief other than by a pleading.
(1)
Motions
• Section 2. Motions must be in writing. — All motions shall be in writing except those
made in open court or in the course of a hearing or trial.
• A motion made in open court or in the course of a hearing or trial should immediately
be resolved in open court, after the adverse party is given the opportunity to argue his
or her opposition thereto.
• When a motion is based on facts not appearing on record, the court may hear the
matter on affidavits or depositions presented by the respective parties, but the court
may direct that the matter be heard wholly or partly on oral testimony or depositions.
(2a)
• Section 3. Contents. – A motion shall state the relief sought to be obtained and the
grounds upon which it is based, and if required by these Rules or necessary to prove
facts alleged therein, shall be accompanied by supporting affidavits and other papers.
(3)
Sample Motion
Urgent
Motion for
Early
Resolution
Motion to
Admit
Affidavit of
Recantation
Ex-parte
Motion to
Dismiss
Motion to
Inhibit
MOTION TO QUASH
MANIFESTATIONS
COMPLAINT VS.
INFORMATION
COMPLAINT VS INFORMATION
Contents of a Police
Blotter & Complaint
Sheet
Complaint Sheet
• Writing
is a skill that every student
should master for efficient expression of
ideas.
• Similarly,
this skills 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.
• Theywrite reports during their day-
to-day activity.
•Itis 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.
QUALITIES OF GOOD REPORT
1.CLARITY
2.ACCURACY
3.COMPLETENESS
4.BREVITY
5.FAIRNESS
6.SPECIFICITY
7.FORM AND STYLE
CLARITY

•Refers to the clearness of


thoughts , style or expression of
the writer.
•Direct to the point.
EXAMPLE OF CLARITY

UNCLEAR:

The incident happens in the evening of


May 07.
EXAMPLE OF CLARITY

CLEAR:

The stabbing incident happens at around


11:00 in the evening of May 07, 2025.
ACCURACY
• Is the conformity to facts and
representation of truth with
precision and exactness.
• It is also a specific report
EXAMPLE OF ACCURACY
• 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
BREVITY
•Omits materials or
information that is useless
and irrelevant to the whole
report.
•Avoid wordiness and
redundancies.
EXAMPLE OF BREVITY
WORDY:
THE VICTIM TELEPHONICALLY
CONTACTED THE POLICE STATION
RIGHT AFTER THE INCIDENT
HAPPENED.
CONCISE:
THE VICTIM CALLED THE POLICE
STATION AFTER THE INCIDENT.
COMPLETENESS
• This
statement or report should be
answerable by the 5W`s and IH
EXAMPLE OF COMPLETENESS
•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. CORTES AVENUE BY A COUPLE
FROM MANDAUE CITY.
FAIRNESS
• ALWAYS base the reports on facts,
and if there are theories these
should be verified first and be
consistent with facts.
EXAMPLE OF FAIRNESS
•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
SPECIFICITY
•Agood writer must be precise and
specific in writing his or her
report and should avoid ideas
that could mislead the readers.
EXAMPLE OF SPECIFICITY
• 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.
FORM AND STYLE
• Formrefers to the proper adherence to
grammar and mechanics and a good
report should follow the style and
arrangement of standard report writing.
5W`s and I H
• TheWHO, WHAT, WHERE, WHEN,
WHY AND HOW are the most
important questions, that an
investigator must consider in writing
his reports, because these questions
covers the essentials of police report
writing.
WHO, WHEN AND WHERE
• 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.
WHAT AND HOW
• The
WHAT AND HOW generally
answers all the questions throughout
the whole report.
• Dependingon the situation of the report,
the WHY may appear either before or
after the what.
WHO?
• WHO IS THE CULPRIT?
• WHO ARE THE VICTIM?
• WHO IS/ARE THE SUSPECT?
• WHO ARE THE WITNESSES?
WHAT?
• WHAT LAW IS VIOLATED?
• WHAT DID THE SUSPECT DO TO
THE VICTIMS?
• WHAT WAS THE MOTIVE OF THE
CRIME?
• WHAT KINDS OF WEAPON WERE
USED IN THE CRIME?
WHERE?
• WHEREWAS THE CRIME
COMMITTED?
• WHERE DID THE CRIME TAKE
PLACE?
• WHERE WAS THE VICTIM FOUND?
WHEN?
• WHENWAS THE EXACT TIME
THAT THE CRIME WAS
COMMITTED?
• WHEN DID THE CRIME HAPPEN?
• WHENWAS THE BODY OF THE
VICTIM RECOVERED?
WHY?
• WHY
DID THE SUSPECT COMMIT
THE CRIME?
• WHY
DID THE WITNESSES REPORT
THE CRIME?
• WHYARE THE WITNESSES AFRAID
TO DIVULGE INFORMATION ABOUT
THE SUSPECT?
HOW?
•HOW WAS THE OFFENSE OR
CRIME IS COMMITTED?
•HOW DID THE POLICEMEN
RESPOND?
Police Blotter
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.
• Inwhich this circular mandated the different
police officers and units to follow the said
form and usage of POLICE BLOTTER.
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 IH, as
well as the disposition of the case.
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 are 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 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.
Police Reports and
Basic Investigative
Reports
Case Folder: Spot, Progress, Final
Different Types of Reports
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 Ws (WHO, WHAT, WHERE,
WHEN, and WHY) and one H (HOW) of an
information.
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.
Sample
• 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.
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.
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.
Different Types of
Administrative
Orders and Issuances
Circular, Memorandum Order, Special Order
Administrative Issuances
• Thisare orders, instruction, or directives
written by a person in authority to his
subordinates. These provide objectives,
programs, and policies prescribing
methods and procedures that in turn to
effect the organization.
Most common Administrative Issuance

• Memorandum
• Memorandum circular
• Circular
• Office order
• Special order
• Standard operating procedure.
Memorandum
•Isan inter- office
communication dealing with
official matters in the police
organization, its message is
written in the fewest possible
words.
•Memorandum is for application,
requiring compliance or
dissemination of information
for the offices and members of
the organization.
Parts of a Memorandum
• Heading
• Addressee
• Attention line
• Subject
• Date
• Body
• Complimentary Ending
Heading
• Thiscontains the date,
subject, thru channels,
and addressee.
LETTER HEAD
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
SANTIAGO CITY POLICE OFFICE
Addressee
•The word “MEMORANDUM
FOR” is used if sends to a
superior office
Addressee
•“MEMORANDUM TO” if
send to a subordinate.
MEMORANDUM

FOR : Regional Chief

PNP Regional Crime Laboratory Office 7

Camp Sotero Cabahug

Gorordo Ave., Cebu City


MEMORANDUM

TO : All Chief of Police/GD, 703 rd


MPG COY
Attention line
• This is mainly for faster
dissemination, the memorandum
may be addressed to a specific
individual or head of a unit, or by
the used of an office symbol.
MEMORANDUM

TO : Chief of Police, Santiago City Police Station

(Attn: PO3 Juan Dela Cruz, PNP)


MEMORANDUM

TO : Chief of Police, San Pedro Police Station

(Attn: Crime and Investigation Department)


Subject
•This is written two spaces
below the sender and two
spaces to the right colon. It
should contain no more than
ten words.
TO :

FROM :

SUBJECT : EARTH HOUR PHILIPPINES


2009
DATE

•This is the place below the


subject indicating when the
memorandum is written.
TO
FROM
SUBJECT :
DATE : March 25, 2009
Body
•This is the message of the
memorandum, it is double space
when the message is less than
nine lines.
Complimentary Ending
•Thisis the originators name found
5 spaces below the last paragraph
of the body of the message.
JUAN DELA CRUZ
Police Deputy Director General
Memorandum Circular
• Also termed as MC in government
offices, memorandum circulars have
subjects that explain or classify rules
and regulation for subordinates.
• In some cases, it is specifically directed
to an individual or groups of individuals
in a specific police unit that require a
specific performance or action.
Circulars
•These are issuance coming from
the Department of interior and
local Government to the PNP,
these are administrative
instructions that are directive,
advisory, and informative.
Office Circular
• These are administrative
instructions requiring compliance
from the personnel or office dealing
with subject like delegation of
authority, appointment or
assignment of personnel.
Office Orders
• These are administrative instruction
that are regulatory and mandatory. This
order is mainly for the regulation of
administrative matters in the National
Headquarters, Regional, Provincial, and
District offices.
Special Orders
•Theseare directives signed by the
Chief Directorial Staff for the
appointment, transfer, promotion,
reduction, relief from duty,
separation
Operational Plan (OPLAN)
• This is written for immediate
planning purposes or for specific
action for an existing condition.
Operational Plan (OPLAN)
• the Chief or head of the
command is the signatory and he
directs to execute the Oplan, this
becomes an order when executed
specifying the time and
conditions of its effectivity
Standard Operating Procedure
•Standard operating procedure or
SOP is about instruction to be
followed on a routinary basis
concerning regular procedures,
the chief or the director directs
this
THANK YOU!

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