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Prof Ed posted a new announcement in TECHNICAL ENGLISH (LEGAL FORMS) CDI 7-A.

NEW ANNOUNCEMENT

ST. CECILIAS COLLEGE, INC.

Pob. Minglanilla, Cebu

COLLEGE OF CRIMINOLOGY

COURSE MODULE FOR CDI 7: TECHNICAL ENGLISH

(LEGAL FORMS)
PREPARED BY: Ed T. Maribojoc, R.

Crim, MSCrim, Juris Doctor

LEARNING OBJECTIVES: At the end of

the semester, the student should be able to:

1. Define Affidavit;

2. Enumerate and discuss the elements

and parts of Affidavit;

3. Prepare an Affidavit, Complaint,

Desistance, Reply, Motions, and such other legal forms; and

4. Prepare and application for

search/arrest warrant.

MDOLUE 1

PART I – PRELIMINARIES

Whenever a crime is committed, or

about to be committed, or continually perpetrated, concerned government law

enforcement agency is at the forefront of solving them. The job of the assigned
investigation officer (Officer-on-case), or of an arresting officer is not easy

but rather complicated and tedious, especially if the alleged perpetrator is

unknown.

The task of a police officer or any

Law enforcement officers investigating a case, or in applying search or arrest

warrants, are but just few legal forms that needs to be made by a police/law

enforcement officer. They don’t have any choice but to do these processes as

part of their sworn duties, that is from crime scene processing until the

alleged suspect is prosecuted, and justice is done.

PARTE II – JURISDICTION
What is JURISDICTION?

a. Authority given by law to a

court or tribunal to hear and determine certain controversies involving rights

which are legally demandable and enforceable

b. It is the legal authority to

hear and determine a cause or the right to act in a case.

What is its SIGNIFICANCE to LEGAL

FORMS?

It is important to know which court

has jurisdiction over the particular case a lawyer is handling in order to

determine where proceedings should be initiated.

KINDS OF JURISDICTION

According to Types of Cases Tried

a. General jurisdiction ‐ extends to all controversies which may be brought

before a court within the legal bounds of rights and remedies

b. Limited or Special jurisdiction ‐ confined to particular cases, and can be exercised

only under the circumstances prescribed by the statute

According to Power of Review

a. Original ‐ exercised in the court at first instance

b. Appellate ‐ power and authority conferred upon a superior court

to re‐hear

and determine causes which have been tried in inferior courts

According to Extent of Exercise

a. Exclusive ‐ confined to a particular tribunal or grade of courts

and possessed by it to the exclusion of others

b. Concurrent ‐ exercise by different courts at the same time over

the same subject matter and within the same territory, and wherein litigants

may, in the first instance, resort to one of them indifferently (but taking

into consideration the doctrine of judicial hierarchy)

According to Situs

a. Territorial Jurisdiction‐ exercised within the limits of the place where the

court is located

b. Extra‐territorial Jurisdiction ‐ exercised beyond the confines of the place where the

court is located

PART III - JURISDICTION COURT OVER

CRIMINAL CASES

Original and Exclusive Jurisdiction:

MTC

1. Those offenses punishable with

imprisonment not exceeding six (6) years regardless of the fine, accessory

penalties and civil liability.

2. Those involving criminal

negligence resulting to damage to property.

3. Those offenses where a fine not

exceeding P4,000 is the only penalty.

4. Those offenses covered by the

Rules on Summary Procedure:

a. Violations of traffic laws,

rules and regulations

b. Violations of rental laws

c. Violations of city or municipal

ordinances

d. Violations of the Bouncing Check

Law (B.P. Blg. 22)

e. All other criminal cases where

the penalty is imprisonment not exceeding six (6) months and/or P1,000 fine
irrespective of other penalties or civil liabilities there from and offenses

involving damage to property through criminal negligence where the imposable fine does not exceed
P10,000.

RTC

1. Criminal cases not within the

exclusive jurisdiction of any court, tribunal or body, more particularly:

a. Those offenses punishable by

imprisonment exceeding six (6) years regardless of the fine, accessory

penalties and civil liability

b. Criminal cases not falling

within the exclusive jurisdiction of the Sandiganbayan where none of the

accused are occupying positions in the government corresponding to salary grade

27
2. Cases where the only penalty is

a fine exceeding P4,000

3. Other laws which specifically

lodge jurisdiction in the Regional Trial Court, more particularly:

a. Law on written defamation or

libel (Revised Penal Code)

b. Decree on Intellectual Property

c. Violations of the Dangerous Drug

Act except when the offenders are under 16 years of age and there are Juvenile and

Domestic Relations Courts in the province.

4. Cases falling under the Family

Courts in areas where there are no Family Courts.

Appellate Jurisdiction:

All cases decided by lower courts

in their respective territorial jurisdictions.

PART IV – IMPORTANT PRINCIPLES ON

COURT JURISDICTION
DOCTRINE OF ANCILLARY JURISDICTION

a. Involves the inherent or implied

powers of the court to determine issues incidental to the exercises of its

primary jurisdiction.

b. Under its ancillary jurisdiction

the court may determine all questions relative to the matters brought before

it, regulate the manner in which a trial shall be conducted, determine the

hours at which the witnesses and lawyers may be heard, appoint a receiver etc.

POLICY OF JUDICIAL HIERARCHY

The higher court will not entertain

direct resort to it unless the redress desired cannot be obtained in the

appropriate lower courts. For example, although the Supreme Court, Court of

Appeals and Regional Trial Courts have concurrent original jurisdiction to

issue writs of certiorari, prohibition and mandamus, the application should

still be filed with the lower court unless the importance of the issue involved

deserves action of the court of higher level.

DOCTRINE OF PRIMARY JURISDICTION

When an administrative body is

tasked with the determination of facts relating to a special or technical

filed, the courts must give such body the opportunity to do so before

proceeding with judicial action.

DOCTRINE OF ADHERENCE OF

JURISDICTION

Once jurisdiction is vested in a

court, it is retained by such until the end of litigation regardless of

circumstances that would have prevented the continued exercise of jurisdiction

by the court. Hence, a law enacted during the pendency of a case which

transfers jurisdiction to another court does not affect cases already pending

prior to its enactment.

Exceptions:

1. When the law expressly provides

for retroactive application.

2. When the change of jurisdiction

is curative in nature.

3. When there is a perfected

appeal, here, jurisdiction is transferred to the appellate court.

EXCLUSIONARY PRINCIPLE

A principle which provides that the

court that first acquired jurisdiction over the case exercises it to the

exclusion of all others.

PART V - JURAT

AND ACKNOWLEDGEMENT

What is JURAT?

1. It is that part of an affidavit

where the officer certifies that the same was “sworn” before him. It is used in

affidavits, certifications, verifications or whenever the person executing a

document or instrument makes a statement of facts or attests to the truth of an

occurrence of an event under oath.

2. It refers to an act in which an

individual on a single occasion:

(a) appears in person before the

notary public and presents an instrument or document;

(b) is personally known to the

notary public or identified by the notary public through competent evidence of

identity;

(c) signs the instrument or

document in the presence of the notary; and

(d) takes an oath or affirmation

before the notary public as to such instrument or document.

Briefly, it is that part of the

affidavit in which the notary public certifies that the instrument was sworn to

before him.

SAMPLE OF JURAT

SUBSCRIBED AND SWORN to before me

this day of_____, 2009 the affiant is personally known and to me known, and

exhibiting to me his Passport No.___ (competent proof of identity) issued at

______ on_____ and his CTC No.________ issued at________ on________.

NAME OF NOTARY PUBLIC

Notary Public for the Province/City of__

Address______________________________

Appointment No. ____until December ____

Roll of Attorney No.________

 PTR No.___________; IBP No.________;

MCLE Compliance No.__________

Doc No._____;

Page No.____;

Book No.____;

Series of 20__.
What is ACKNOWLEDGEMENT?

1. It is the act of one who has

executed a deed, in going before some competent officer or court and declaring

it to be his act or deed. An acknowledgement is to authenticate an agreement

between two or more persons, or where the document contains a disposition of

property.

2. It refers to an act in which an

individual on a single occasion:

(a) appears in person before the

notary public and presents an integrally complete instrument or document;

(b) is personally known to the

notary public or identified by the notary public through competent evidence of

identity; and

(c) represents to the notary public

that the signature on the instrument or document was voluntarily affixed by him

for the purposes stated in the instrument or document, declares that he has

executed the instrument or document as his free and voluntary act and deed, and

if he acts in a particular representative capacity, that he has authority to

sign in that capacity.3 Simply, it the act of one who has executed a deed in

going before some competent officer or court and declaring it to be his act or

deed.

Two‐fold function of an acknowledgment:

(1) To authorize the deed to be

given in evidence without further proof of its execution; and

(2) To entitle it to be recorded.

The same purposes may be accomplished by a subscribing witness going before the

officer or court and making oath to the fact of the execution, which is

certified in the same manner.

SAMPLE OF ACKNOWLEDGMENT

BEFORE ME, this____ day of________,

20___ in the Municipality/City of_______, Philippines, personally appeared________________,

with Passport No. (competent proof of identity) issued at___________, on________

and his Community Tax Certificate No.________ issued at _____________, on________,

known to me to be the same person who executed the foregoing instrument, and he

acknowledged to me that the same is his free act and deed.

IN WITNESS WHEREOF, I have hereunto

set my hand and affixed my notarial seal, the day and place above written.

NAME OF NOTARY PUBLIC

Notary Public for the Province/City

of________,

Address___________________

Appointment No.______ until December____,

Roll of Attorney No.__________

PTR No._________; IBP No.____________;

 MCLE Compliance No.____________

Doc No._____;

Page No.____;

Book No.____;

Series of 20__.
WHAT IS A DEED?

A deed is a legal instrument used

to grant a right. Deeds are part of the broader category of documents under

seal. Deeds can be described as contract‐like as they require the mutual agreement of more than

one person.

WHAT IS AN AFFIDAVIT?

1. An affidavit is a formal sworn

statement of fact, signed by the declarant called an affiant and witnessed by a

taker of oaths such as a notary public. The name is Medieval Latin for he has

declared upon oath.

2. Uses of affidavits include:

(a) To allow evidence to be

gathered from witnesses or participants who may not be available to testify in

person before the court, or who may otherwise fear for their safety if their

true identities are revealed in court; and

(b) To obtain a declaration on a

legal document that the information provided by the applicant is truthful to

the best of the applicant's knowledge. If, after signing such a declaration,

the information is found to be deliberately untrue with the intent to deceive,

the applicant may face perjury charges.

3. If an affidavit is notarized or

authenticated, it will also include a caption with a venue and title in

reference to judicial proceedings.

4. Affidavits may be written in the

first or third person, depending on who drafted the document. If in the first
person, the document's component parts are:

a. A commencement which identifies

the affiant;

b. The individual averments, almost

always numbered as mandated by law, each one making a separate claim;

c. A conclusion generally stating

that everything is true, under penalty of perjury, fine, or imprisonment; and

d. An attestation, usually a jurat,

at the end certifying the affiant made oath and the date.

PARTS OF AFFIDAVIT:
1. The VENUE is the designation of

the place where the affidavit was taken to show whether the notary public has

acted within his jurisdiction.

2. The SCILICET/SUBSCRIPSI (SS) is

used to particularize a general statement, i.e. Republic of the Philippines,

SS, City of Pasig means: in the Republic of the Philippines, more particularly

in the City of Pasig.

NOTE:

Subscripsi – Latin term which

means, “I write underneath or below”, append, subscribe, etc.

Scilicet - is abbreviated as, “SS.

or ss. or sc”. It sometimes appears in the venue section of a notarial

certificate, record, affidavit, pleading or another legal document. The word

SCILICET came from the two Latin word “scire”, meaning “to know”, and licet

from another Latin word “licere”, which means “it is permitted; you may know”.

3. The BODY consists of the facts

attested to by the affiant, who should have actual knowledge of the same and

not merely a belief thereof.

NOTE:

a. The allegations therein should

be full, certain and exact. In short, accuracy of the statements in the

affidavit is indispensable.
b. Drafting an affidavit is just

like story‐telling,

making a narration of the events that transpired.

c. The body of an affidavit may be

in the form of: (a) a narration or (b) question and answer.

4. The SIGNATURE OF THE AFFIANT

which is found below the body of the affidavit.

5. The JURAT
WHAT IS THE BASIS OF CIVIL AND

CRIMINAL ACTION?

A 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.

A civil action may either be

ordinary or special. Both are governed by the rules for ordinary civil actions,

subject to the specific rules prescribed for a special civil action.

A criminal action is one by which

the State prosecutes a person for an act or omission punishable by law.

NOTE: Every

ordinary civil action must be based on a cause of action. A

cause of action is the act or omission by which a party violates a right of

another.

WHAT IS A SPECIAL PROCEEDING?

A special proceeding is a remedy by

which a party seeks to establish a status, a right, or a particular fact.

WHAT IS THE

DIFFERENCE BETWEEN COMPLAINT AND INFORMATION?

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.

Information - is an accusation in

writing charging a person with an offense, subscribed by the prosecutor and

filed with the court.

NOTE: The complaint or information

shall be in writing, in the name of the People of the Philippines and against

all persons who appear to be responsible for the offense involved.

WHO MUST PROSECUTE CRIMINAL ACTIONS?

All criminal actions commenced by a

complaint or information shall be prosecuted under the direction and control of

the prosecutor.

However, in Municipal Trial Courts

or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to

the case is not available, the offended party, any peace officer, or public

officer charged with the enforcement of the law violated may prosecute the

case. Note, however, that this authority ceases upon actual intervention of the

prosecutor or upon elevation of the case to the Regional Trial Court.

WHAT MAKES A COMPLAINT OR

INFORMATION SUFFICIENT IN FORM AND SUBSTANCE?

A complaint or information is

sufficient if it states:

1. The name of the accused - The

complaint or information must state the name and surname of the accused or any

appellation or nickname by which he has been or is known. If his name cannot be

ascertained, he must be described under a fictitious name with a statement that

his true name is unknown.

If the true name of the accused is

thereafter disclosed by him or appears in some other manner to the court, such

true name shall be inserted in the complaint or information and record.

When an offense is committed by

more than one person, all of them shall be included in the complaint or

information.

2. The designation of the offense

given by the statute - The complaint or information shall state the designation

of the offense given by the statute, aver the acts or omissions constituting

the offense, and specify its qualifying and aggravating circumstances. If there

is no designation of the offense, reference shall be made to the section or

subsection of the statute punishing it.

3. Cause of the accusation - The

acts or omissions complained of as constituting the offense and the qualifying

and aggravating circumstances must be stated in ordinary and concise language

and not necessarily in the language used in the statute but in terms sufficient

to enable a person of common understanding to know what offense is being

charged as well as its qualifying and aggravating circumstances and for the

court to pronounce judgment.

4. The name of the offended party -

The complaint or information must state the name and surname of the person

against whom or against whose property the offense was committed, or any

appellation or nickname by which such person has been or is known. If there is

no better way of identifying him, he must be described under a fictitious name.

NOTE:
In offenses against property, if

the name of the offended party is unknown, the property must be described with

such particularity as to properly identify the offense charged.

If the true name of the of the

person against whom or against whose properly the offense was committed is

thereafter disclosed or ascertained, the court must cause the true name to be

inserted in the complaint or information and the record.

(c) If the offended party is a

juridical person, it is sufficient to state its name, or any name or

designation by which it is known or by which it may be identified, without need

of averring that it is a juridical person or that it is organized in accordance

with law.
5. The approximate date of the

commission of the offense – It is not necessary to state in the complaint or

information the precise date the offense was committed except when it is a

material ingredient of the offense. The offense may be alleged to have been

committed on a date as near as possible to the actual date of its commission.

6. The place where the offense was

committed - The complaint or information is sufficient if it can be understood

from its allegations that the offense was committed or some of the essential

ingredients occurred at some place within the jurisdiction of the court, unless

the particular place where it was committed constitutes an essential element of

the offense or is necessary for its identification.

MODULE 2
PART I – LEGAL FORMS

1. Simple Affidavit

2. Complaint-Affidavit

3. ETC, ETC,ETC.

Open

Posted 4 Sept by Prof Ed

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