LESSON OBJECTIVES

At the end of the lesson the students will be able to know, identify, discuss, and apply the following:
a. The Fundamentals of Report writing, such as: the definition of legal forms, importance and
principles of report writing.
b. The Police Report, such as: the importance, purpose, qualities of police report, steps and
guidelines in police report writing, two types and classes of police reports and categorizing
police reports.
c. The Affidavit, such as: the definition of affidavit, its basis, functions, elements and essential
parts of affidavit, guidelines in writing affidavit, the affiant, oath or affirmation and the Legal
Consequences of false and untruthful facts in an affidavit.

LESSON 1
Basic Concepts in Legal Forms

Legal - conforming to or permitted by law or established

Forms- a printed or typed document with blank spaces for insertion of required or requested information.

Legal Forms - prototypes of any documents or forms used in a legal transaction or judicial proceedings, which
contain important matters conveyed in technical terminologies and presented in a suitable and systematic
order in accordance with the circumstances of any case( 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

Fundamentals of Report Writing

 According to the book of Dr. Oscar Soriano, One of the most basic considerations of report writing is
the language used. Direct-to-the-point words are essential to good police report writing. Use of
specific words also contributes to factual police reports. Every complete sentence must have at least
one subject and one predicate. Diction refers to the manner and style of expression in words.
 It is almost always necessary to use a paragraph in any narrative report. A paragraph is simply a
warning to the reader that a change in thought is about to occur, or that a new subject to be explored.
The report should be complete, easily understood, brief and accurate.

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 1. Clarity - The police report must be clear and it should be written directly and easy to understand.
2. Accuracy - The police report must conform to the established rules of syntax, format, spelling and
grammar. The data presented must be precise and the information given must be factual.
3. Brevity - The police report must be short, with simple sentences, common words and easy to
understand.
4. Specificity - The police report must be specific by using concrete examples. A good descriptive
narration gives life to the written words through particular terms that project hues, movements,
quantities and shapes.
5. Completeness - The police report must be complete by using the 5W‘s and 1H.
6. Timeliness- The police report must be submitted on time. As much as possible immediately after the
incident has happened.
7. Security - The police report must be considered classified, hence, transmission, handling, and access to
these reports should be limited only to police personnel who are granted by higher authority a security
clearance. It is a top secret document.
8. Impartiality - The police report must know what the receiving office needs to know. Important data
must not be omitted or added to conceal responsibilities, to impute liabilities or to favor parties.

WHAT IS NEEDED IN PREPARING AND WRITING A REPORT?

 The police writer will make an outline from the facts of the case and follow a chronological sequence.
After an outline has been identified they will make sure that their notes will be organized and
reviewed first for completeness prior to the actual writing of the report.
 The outline should answer the 5Ws and 1H the facts presented in Report Writing should prove the
importance of police report. The real answer lies in the quality of the result of accomplishment and
basic principles. The police reports are from simple, brief memorandum to a complex.
 Formal investigation requires the application of basic standards such as clear, pertinent, brief,
complete, current, accurate, fair, properly classified, informative, and objective. It should be submitted
in proper format and should be on time.

Principles of Report Writing

 All of these facts should prove the importance of police reports to you and to everyone who works in
the police organization, but the answer to the problem of reports and reporting procedures does not
depend upon a mere appreciation of values. The real answer lies in the quality of the end product.
Quality is the result of accomplishment and basic principles; and in this regard, all police reports from
a simple, brief memo to a complex, formal, investigation report require the application of certain
standards. In summary, any police report should be clear, pertinent, brief, complete, current, accurate,
fair, properly classified, informative, and objective.
 In addition, reports should be submitted in proper form and on time. These standards or principles
stem from the fact that reports are written to satisfy the reader. In the first place, the reviewer is likely
to be a busy person. Time is precious and there is very little time for creative work, or concentration.
In the second place, police reports are regularly read by people beyond the person to whom they are
addressed. When a police report is to go beyond the police organization, special care must be taken to
include adequate background information and to be sure that the report is complete. Finally, the
reader depends on the report to make his own decisions. Usually he must rely on the clarity,
completeness, accuracy, fairness, and objectivity of a police report.

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 LESSON 2
Police Report

 Deals with the story of action performed by police personnel.

 A chronological or step-by-step account of an incident that transpired in a given time,
at a given place.
 An account of some subjects specifically investigated, or an official statement of facts.
 Police Reports result from the fact that someone has asked for them and needs them for immediate
and future use.
 One of the most significant processes in modern police operations.

Police Report Writing

 Considered technical writing, as such needs to develop special skills and techniques.
 It is the backbone of criminal investigation and prosecution.

Note: The success of police operation depends upon the quality of the reports and the ability of the
police officer to write them effectively.

IMPORTANT USES OF REPORT WRITING

 They serve as records for police administrators in planning, directing, and organizing the unit’s duties.
 Reports can be used as legal documents in the prosecution of criminals.
 Reports can be used by other agencies.
 Reports can be useful to local media which need access to public documents.
 The author of a report should also consider that his (written) work is reflective of his personality and
can be basis for performance evaluation.
 Reports can be a basis for research and evaluation.

Purpose of written reports

 To preserve knowledge
 To provide accurate details
 to aid the personnel and other agencies
 To coordinate the activities within the organization

Qualities of a good police report

 Accurate
 Clear
 Complete
 Clear
 Concise
 Factual
 Objective
 Prompt

Steps in report writing process

 Interviewing
 Note taking
 Organizing

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  Writing the narrative
 Proofreading
Guidelines in report writing
 Word usage
 Tone (first person and third person)
 The contents of police report (5W 1 H)
 Who
 What
 Where
 When
 Why
 How

WHAT ARE THE TWO (2) TYPES OF POLICE REPORT?

1. An informal report usually is a letter or memorandum or any one of many prescribed or used in day-by-
day police operations. It customarily carries three items besides the text proper; date submitted,
subject, and persons or person to whom submitted. It may, however, contain many items of
administrative importance along with the subject matter of the text. Actually, most police reports may
be placed in this category.

2. A formal report suggests a full-dress treatment, including cover, title page, letter of transmittal,
summary sheet, text, appendixes, and perhaps an index and bibliography

WHAT ARE THE CLASSIFICATION OF POLICE REPORT?

a. Performance report which contains information as to the status of an activity, activities, or operations.

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 b. Fact-finding report which involves the gathering and presentation of data in logical order, without an
attempt to draw conclusions.

SAMPLE

a. Technical report which presents data on a specialized subject.

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 b. Problem-determining report which attempts to find the causes underlying a problem or to find
whether or not a problem really exists.
c. Problem solution report which analyzes the thought process that lies behind the solution of a
particular problem.

HOW ARE POLICE REPORTS CATEGORIZED?

a. Operational Reports include those relating to the reporting of police incidents, investigation, arrests,
identification of persons, and a mass of miscellaneous reports necessary to the conduct of routine
police operations.
b. Internal Business Reports relate to the reporting necessary to the management of the agency and
include financial reports, personnel reports, purchase reports, equipment reports, property
maintenance reports, and general correspondence.
c. Technical Reports presents data on any specialized subject, but usually relate to completed staff
work and add to the specific knowledge necessary to proper functioning of police management.
d. Summary Reports furnish intelligence information necessary to the solution of crime accident, and
police administrative problems.

LESSON 3
Affidavit
 It is a written statement of facts voluntarily made by an affiant under an oath or affirmation
administered by a person authorized to do so by law. It is voluntarily made without any cross-
examination of the affiant.

Basis
 An affidavit is based upon either the personal knowledge of the affiant or his or her information and
belief.
 Personal knowledge is the recognition of particular facts by either direct observation or experience.
 Information and belief is what the affiant feels he or she can state as true, although not based on first-
hand knowledge.

Functions
 Affidavits are used in business and in judicial and administrative proceedings.
 Business- Generally affidavits are used in business whenever an official statement that others might
rely upon is needed. Statements of the financial stability of a corporation, the pedigree of animals,
and the financial conditions of a person applying for credit are examples of affidavits used in the
commercial world.
 Judicial Proceedings. Affidavits serve as evidence in civil actions and criminal prosecutions in certain
instances. They are considered a very weak type of evidence because they are not taken in court,
and the affiant is not subject to cross-examination. Their use is usually restricted to times when no
better evidence can be offered. If a witness who has made an affidavit is not available to testify at a
trial, his or her affidavit may be admitted as evidence. If the witness is present, his or her affidavit is
inadmissible except when used to impeach the witness's testimony, or to help the witness with past
recollection of facts.

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 An affidavit based on the knowledge of the affiant is accorded more weight than one based on
information and belief. When admissible, affidavits are not conclusive evidence of the facts
stated therein.
What are the essential parts of an affidavit?
1. Commencement refers to the affiant
2. Individual Averments refers to separate claims that are numbered as mandated by law
3. Statement of Truth refers to the statement verifying that what is stated is true under oath
4. Attestation refers to a clause certifying the oath and the date made by the affiant
5. Signature refers to the signature of the affiant and the notary public

An affidavit typically includes a title or caption, signature of the affiant, the jurat, and the body of the
instrument.  An affidavit should also state the venue.  The substance of the document makes it an affidavit.  If
the affiant is competent to testify to the contents of the affidavit at trial, then mere technical deficiencies do
not render the affidavit improper.

An affidavit is not a “lawful Affidavit” if:

 the affidavit is signed outside the presence of an officer, or
 no oath is administered.

An affidavit must state facts and at the same time it should affirmatively demonstrate how the affiant
obtained personal knowledge of those facts.  If the facts stated in the affidavit are untrue and outside the
personal knowledge of the affiant, then the affidavit will become legally insufficient.

What kind of documents can be attached to an affidavit?

 Usually it must be annexed to an Affidavit. Annexures are documents which support your case and are
attached to an Affidavit. Annexures are sometimes called ‘exhibits’. Examples of supporting
documents which could be annexed to your Affidavit include: School Reports; Emails or Letters; School
reports; Photos.

The Affiant
 Any person having the intellectual capacity to take an oath or make an affirmation and who has
knowledge of the facts that are in dispute may make an affidavit.
 There is no age requirement for an affiant. As long as a person is old enough to understand the facts
and the significance of the oath or affirmation he or she makes, the affidavit is valid.
 A criminal conviction does not make a person incapable of making an affidavit, but an adjudication of
Incompetency does.
 A guardian may make an affidavit for a minor or insane person incapable of doing so.
 An attorney may make an affidavit for a client if it is impossible for the client to do so.
 When necessary to the performance of duties, a Personal Representative, agent, or corporate officer
or partner may execute an affidavit that indicates the capacity in which the affiant acts.
 A court cannot force a person to make an affidavit, since, by definition, an affidavit is a voluntary
statement.

The Taker of the Affidavit

 Any public officer authorized by law to administer oaths and affirmations—such as city recorders,
court clerks, notaries, county clerks, commissioners of deeds, and court commissioners—may take
affidavits.

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  Justices of the peace and magistrates are sometimes authorized to take affidavits. Unless restricted by
state law, judges may take affidavits involving controversies before them.
 An officer cannot take affidavits outside of the particular jurisdiction in which he or she exercises
authority.
 The source of this authority must appear at the bottom of the affidavit. A notary, for example, would
indicate the county in which he or she is commissioned and the expiration date of the commission.
 An official seal is not essential to the validity of the affidavit but may be placed on it by the proper
official.

The Oath or Affirmation

 Unless otherwise provided by statute, an oath is essential to an affidavit. The statement of the affiant
does not become an affidavit unless the proper official administers the oath.
 When religious convictions prevent the affiant from taking an oath, he or she may affirm that the
statements in the affidavit are true.

Parts of a typical sworn statement or affidavit

1. Venue
2. Title
3. Person
4. Oath
5. Statement
6. Signature
7. Jurat - a part of an affidavit in which the officer certifies that the instrument was sworn to before him

 Note: In executing an affidavit, the affiant‘s primary qualification is that he has knowledge of the
facts which he states, and the truth of which he affirms.

Contents
 There is no standard form or language to be used in an affidavit as long as the facts contained within
it are stated clearly and definitely.
 Unnecessary language or legal arguments should not appear.

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  Clerical and grammatical errors, while to be avoided, are inconsequential.
 The affidavit usually must contain the address of the affiant and the date that the statement was
made, in addition to the affiant's signature or mark.
 Where the affidavit has been made is also noted.
 When an affidavit is based on the affiant's information and belief, it must state the source of the
affiant's information and the grounds for the affiant's belief in the accuracy of such information.
 This permits the court to draw its own conclusions about the information in the affidavit.
 An affiant is strictly responsible for the truth and accuracy of the contents of the affidavit. If false
statements are made, the affiant can be prosecuted for perjury.

Perjury- is the wilful and corrupt assertion of a falsehood under oath or affirmation administered by
authority of law on a material matter.

Legal Consequences of false and untruthful facts in an affidavit

 Making false or untruthful statements in a sworn statement or an affidavit does not, in itself, result in
legal implications.
 While Article 183 of the Revised Penal Code (RPC) imposes a penalty of arresto mayor in its maximum
period to prision correccional in its minimum period to a person who makes false testimony in cases
not included in Articles 180 to 182 of the said law, as well as perjury in solemn affirmation, the
following requisites must first concur in order for criminal liability to attach:
a. That the accused made a statement under oath or executed an affidavit upon a material
matter;
b. That the statement or affidavit was made before a competent officer, authorized to receive and
administer oath;
c. That in the statement or affidavit, the accused made a willful and deliberate assertion of a
falsehood;
d. That the sworn statement or affidavit containing the falsity is required by law or made for a
legal purpose.

 Legal implications will only arise, if the affiant decides to pursue with the execution an affidavit
containing untruthful statements, if it can be clearly shown that the affidavit was executed before a
competent officer who is authorized to receive and administer oath, and that the affidavit utilized for a
legal purpose or presented the same as required by law. If one of the abovementioned elements is
lacking, one may not be held criminally liable.

How to Write an Affidavit?

 Although affidavits are considered legal documents, anyone can draft one.
As long as it is signed, witnessed, and notarized correctly, the affidavit will be valid. This means that you do not
need to ask a lawyer to create an affidavit. It is important to note, however, that certain types of affidavits will
need to contain specific information in order to fulfil their purpose and meet legal requirements. Nevertheless,
the following basic elements should be included in any type of affidavit.

1. Start with a heading- The heading may be made of a case heading if the affidavit is for an open case, or it may
simply say “Affidavit of [your name]” if you do not have an open case. The case heading includes the court where your
case is being heard, the case number, and the names of the plaintiffs and defendants. After the case heading or
general title, the county and state where you will sign the affidavit will be listed.
2. The first section should contain your name in a sentence that generally states that you, the affiant, swear that
the following account of events is true and correct to the best of your knowledge- For example, “Before me comes

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[your name], whose residence is [address, including city, county, state and zip code], and hereby swears to the
following facts under penalty of perjury.” Depending on who drafts the affidavit, this sentence may vary in wording.
3. The following paragraphs usually each contain one fact- After each fact is detailed, the affidavit usually contains
the words, “Further Affiant Sayeth Naught.” This means that the affiant has said all they have to say on the matter.
4. Lastly, you will need to include the signature lines and notary section- Keep in mind that by signing the affidavit,
you are swearing that the facts in the document are true and correct.

An affidavit is not written in typical paragraphs. Each paragraph should be numbered and usually each contains
only one fact. To ensure that the affidavit is easily understood, follow these best practice tips:
 Keep legal language out of the affidavit as much as possible.
 Keep the affidavit as short as possible.
 Make sure your thoughts are organized and in the proper order if you are relating your actions in an
event.
 Do not use inflammatory language.
 Leave any drama out of it; just state the plain and simple facts.
 Proofread the affidavit for spelling and grammatical errors.
 Keep in mind that the affidavit may speak to your credibility, so following these simple tips will make
you look more professional and will not negatively affect your credibility.
 Making any statement that is not true in an affidavit is technically a violation of the law and you can be
fined or even imprisoned for committing perjury (the crime of being wilfully untruthful under oath).
Being truthful to the court is vital, whether communicating via an affidavit or in person on the stand.
Many affidavits assert that they are signed under penalty of perjury, though this may not be a required
statement.

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