TECHNICAL ENGLISH 2 (Legal Forms)
LEGAL FORMS
Are law related instruments or documents used in LEGAL TRANSACTIONS, as well as in JUDICIAL, QUASI-
JUDICIAL or ADMINISTRATIVE PROCEEDINGS.
It includes the PRIMARY ESSENTIAL MATTERS, the APPROPRIATE TECHNICAL PHRASES or TERMS and any
ADDITIONAL MATERIAL REQUIRED TO RENDER IT OFFICIALLY ACCURATE, ARRANGED IN SUITABLE IN
SYSTEMATIC ORDER, AND CONDUCIVE TO THE CIRCUMSTANCES OF THE PARTICULAR CASE.
LEGAL- signifies “ OF OR RELATING TO LAW”.
LEGAL FORMS THAT ARE COMMONLY USED IN THE FIELD OF LAW ENFORCEMENT
1.Affidavit of Arresting Officer – is a legal document provided by the PNP. Is a formal statement made
under oath by the arresting officers, it includes information about the arrest, the evidence seized, the
rights of the arrested person and the booking and proper disposition of the arrested person.
2.Complaint Affidavit – is a formal written statement of facts voluntarily made by an affiant under an
oath or a public official such as the notary public or a person authorized to do so. This document is used
to prove the truthfulness of a certain statement in court. Used to initiate a criminal case.
3.Affidavit of Witness – is a formal written statement of facts voluntarily made by a witness under oath
or public official such as the notary public or a person authorized to do so. It is used to prove the
truthfulness of a certain statement in court. It includes the name, age, residence or business address
and occupation of the witness
4.Application for Search Warrant – is a formal request to a court for an order that authorizes law
enforcement officer to conduct a search of a specified place for evidence of a specific crime. It is made in
writing and issued in the name of the people of the Philippines. The application for a search warrant
should be filed with ant court within whose territorial jurisdiction a crime was committed.
5.Affidavit after execution of a search warrant – a document that details the actions taken during the
execution of a search warrant. It is prepared by the executing officer and is usually submitted to the
court.
6.Application/petition to Wire Tap – refers to the legal process of requesting authorization from a court
to conduct electronic surveillance, specifically wiretapping, in order to intercept and monitor
communications. It involves the use of listening devices to conduct surveillance, typically over a phone
line or other communication channels.
7.Affidavit of Desistance – is a legal document that expresses the intention of a complainant or a witness
to withdraw or desist from pursuing a particular case or complaint against another person. It is made
under oath or affirmation, stating the decision to no longer proceed with the legal action.
8.Reply/Answer Affidavit – a response to a complaint or lawsuit. It also refers to a sworn statement that
responds to allegations or claims in the complaint.
PARTIES:
1. Plaintiff - suing another person, files a complaint detailing the allegations.
2. Defendant – is required to respond, he will file an “ANSWER” to the complaint, responding
plaintiff allegations. - He will provide FACTUAL INFORMATION to support his answer, in the form
of affidavit (this could refer to as “ANSWER AFFIDAVIT”).
9.Rejoinder – refers to a written response or reply filed by a party in a civil case. It is a pleading that
allows a party to address and respond to the arguments, allegations, or issues raised in the opposing
party’s reply. Typically filed by a party who initially filed the complaint or petition in a civil case(plaintiff)
10.Counter affidavit – it is a response contradicting an affidavit produced by adversary. Essentially, a
sworn statement that DISPUTES or COUNTERS the claims made by another person’s affidavit.
PLAINTIFF – files affidavit making certain claims.
DEFENDANT – file his counter affidavit to DISPUTE those claims and present their own version of
the fact.
11. Reply/Answer affidavit – a response to a complaint or lawsuit.
- refer to a sworn statement that responds to the allegations or claims in the
Statement.
12. Rejoinder – refers to the pleading made by the defendant in response to the plaintiff replication. It’s
essentially the defendant’s response to the plaintiff’s response to the defendant’s answer.
13. Counter Affidavit – it is a response contradicting an affidavit produced by adversary. Essentially, a
sworn statement that DISPUTES or COUNTERS the claims made by another person’s affidavit.
Ex. Plaintiff – files affidavit making certain claims
Defendant – file his counter affidavit to DISPUTE those claims and present their own version of the
Facts.
14. Affidavit of denial for NBI Clearance – affidavit denying any involvement in the crime associated with
the name similar to yours.
- you attest under oath that you are not the same person mentioned in the NBI’s files with the said
derogatory, civil or criminal records.
PURPOSE/S:
a. To clear your name.
b. Help to proceed with your NBI clearance application.
15.Affidavit of Undertaking – legal document that state’s
a. Person’s commitment
b. Promises to fulfill certain obligations or responsibilities.
-it is a sworn statement made under oath or affirmation.
Ex. (1) Affidavit of Undertaking to submit requirements:
-commonly use when applying for a certain permit licenses or government related processes
- affiant should undertakes to submit the required documents to fulfill specific requirements
within the date.
(2) Affidavit of undertaking for employment
- required by the employers as a part of the employment contract.
Ex. The employee’s commitment to abide by certain rules, regulations or conditions of
employments.
16. Affidavit of Loss
- declared the loss of personal item or document.
- sworn statement made under oath or affirmation, stating the circumstances and details
surrounding the loss.
- it includes the following information:
1. personal details
2. description of the loss item or document.
17. Affidavit of Deposition – formal statement or testimony given under or affirmation outside the
courtroom setting.
- it involves:
Questioning of witness or party to a lawsuit by the opposing party’s attorney.
Purpose:
1. Gather information
2. Preserve evidence
3. Obtain sworn testimony that can be used during the trial or other legal proceedings.
Process:
1. Witness is asked questions by the atty. And their responses are recorded by the court
-witness testimony given:
1. Under oath, and both parties have opportunity to asks questions and cross-examination of the
witness.
18. Affidavit of Disinterested Person – it is the narration of facts by 2 INDIVIDUALS who are not involved
or have no INTEREST in the subject matter of the affidavit.
Their statement shall:
1. Subscribed and sworn to before a notary public.
Purpose/s:
1. Used to clarify discrepancies in a person’s records.
2. Correcting discrepancies
2 persons must be:
1. Legal age
2. Personally know the person involved.
Example: Name of person in the BIRTH CERFTIFICATE
Or in any RECORDS.
-to attest to the correct name of the individual based on their personal knowledge.
19. JUDICIAL AFFIDAVIT – a legal documents contain witness’ testimony for a case.
- it is prepared in the language that in known to the witness.
Ex. English-filipino- accompanied by a translation in English or filipino
CONTENTS OF JUDICIAL AFFIDAVIT
-name, age, residence or business address and occupation of the witness
-name and address of the lawyer who conducts or supervises the examination of the witness.
-statement that the witness is answering the questions asked of him/her.
-she does under oath and that he/she may face criminal liability for false testimony or PERJURY.
-questions asked and the corresponding answers.
-signature of the witness.
-jurat with the signature of the Notary Public who administers the oath.
NOTE: Judicial Affidavit Rule introduced by the Supreme Court – reduced time used for presenting the
testimonies of witness thus speeding up the hearing and adjudication of cases.
20. Memo for Preliminary Investigation – typically used by the office of the Prosecutor “or” similar
agencies during the Preliminary Investigation phase of a criminal case.
IT CONTAINS THE FOLLOWING INFORMATION:
1.case number
2.name of the prosecutor
3.date the memo was filed
4.names of the complainant/s/ respondent/s
PURPOSE:
-to determine whether there is a sufficient ground to engender a well-founded belief that a crime has
been committed and that the respondent is probably guilty thereof and should be held for TRIAL.
MPI- important part of the legal process as it lays out the details of the case and the findings of the P.I.
It serves as a guide for the prosecutor in deciding whether or not to pursue the case further.
OTHER PURPOSE/S OF P.I
1.To protect innocent against hasty, malicious and oppressive prosecution and to protect him from an
open public accusation of crime, from trouble, inexpensive and anxiety of public trial.
3.To protect the state from useless and expensive trial.
4.To inquire concerning the commission of a crime and the connection of the accused with it, in order
that he may be informed of the nature and character of the crime charged against him. If t
here is a probable cause for believing him guilty, to secure his person until a warrant can be issued for
his arrest.
Essential is, the P.I serves to balance the interests of the accused, the victim, and the state ensuring that
justice is served in the most efficient and fair manner.
CONSEQUENCES OF NOT CONDUCTING PRELIMINARY INVESTIGATION BEFORE A TRIAL
1.Violation of the accused’s right to due process.
-it serves as a safeguard to protect the accused from hasty and unjust prosecution.
-accused may be deprived of the opportunity to present evidence of defend themselves adequately.
2.Possible violation of the accused’s rights.
-the right to know the nature and cause of the accusation against/her.
-without P.I no understanding of the charges and evidence against him/her, making it difficult for them
to mount an effective defense.
3.Risk of miscarriage of Justice.
-helps to ensure that there is sufficient evidence to justify the filing of charges and proceed to trial.
-there is a risk of wrongful or baseless prosecutions leading to potential miscarriages of justice.
4.Delay in the resolution of the case.
-allows determination of the existence of probable cause without it, the case may proceed to trial
without a complaint solid foundation, leading to potential delays and inefficiencies in the judicial process
HOW IS THE PROCESS IN INITIATING PRELIMINARY INVESTIGATION
1. Filing a complaint.
(subject to P.I)- recommendation of the Investigating Prosecutor on whether to DISMISS the
complaint or TO PROCEED WITH THE TRIAL.
-this is CRUCIAL in ensuring a FAIR and JUST legal process.
INSTANCES WHERE A COMPLAINT DISMISS BY AN INVESTIGATING PROSECUTOR
1. Lack of Probable Cause: insufficiency of evidence to establish probable cause or to support a
finding that a crime has been committed.
2. Lack of Jurisdiction- outside the jurisdiction of the prosecutor’s office or clear lack of authority to
conduct Preliminary Investigation.
3. Prescription or Expiration of the Offense
-already prescribed.
-period to file the complaint has expired.
4. Lack of Legal Basis
-complaint does not allege a specific offense or not supported by any applicable laws.
5. Violation of Constitutional Rights- evidence obtained in violation of constitutional rights.
Ex. Illegal search and seizure or coerced confessions.
6. Lack of Jurisdiction Over the Person- not properly served with a subpoena or notice to appear
during P.I.
21. Motion for Reconsideration- a legal remedy available to parties who disagree with court’s decision
and reconsider it based on specific grounds or arguments presented by the party filing the motion.
PURPOSE OF MOTION FOR RECONSIDERATION
1. Seek reevaluation of the Court’s decision
-errors of law or fact that may influenced the outcome.
-provides the opportunity for the court to correct any mistakes before the decision becomes
final.
2. seek the court to modify, reverse or to set aside its original decision
GROUNDS OF FILING:
1. Errors of Law or fact in the judgement’
2. Newly discovered evidence.
3. Manifest errors that require no further proceeding.
TIME LIMIT:
15 days from receipt of the decision or ruling not extended.
PROCEDURE:
-must be in writing state specific grounds for reconsideration.
-filed with the same court or tribunal.
-copy of motion for reconsideration must also be served on the adverse party.
EFFECT OF THE DECISION:
-once filed, the court will review the arguments presented and decide whether to GRANT or DENY the
motion.
If granted:
-modify, reverse, or set aside its previous decision.
-if denied-original decision stand
22. Petition for Application for compulsory Confinement for drug dependent.
-a process whereby a person determined to be a dependent on dangerous drugs can be confined for
treatment and rehabilitation in a designated center.
WHO MAY FILE A PETITION:
-the DDB will file a petition with the RTC to commit a drug dependent person for involuntary
rehabilitation.
CONTENT OF THE PETITION:
-details of the drug-dependent application
-medical examination confirming their drug dependency.
PURPOSE/S OF REHABILITATION:
-aims to help the individual overcome their drug dependency.
-reintegrate to the society in a healthier and more productive manner.
23. Petition/Application for Voluntary Confinement for Drug Dependent.
-determined to be a drug-dependent on a dangerous drug.
-who VOLUNTARILY choose to confined for treatment and rehabilitation.
-pursuant to section 54, RA 9165.
WHO MAY FILE?
-the Dangerous Drug Board with the Regional Trial Court to commit a drug dependent person to
voluntary treatment and Rehabilitation.
24. Application for Voluntary Confinement for Drug Dependent thru REPRESENTATIVE
-a legal process where a representative, on behalf of drug dependent person, applies for voluntary
confinement for treatment and rehabilitation.
IT INVOLVES:
Filling out a form and providing necessary information about the REPRESENTATIVE and the drug -
dependent person and their consent to act on their behalf.
-application form is submitted to the DDB or the RTC.
PURPOSE:
-provide the drug dependent person with the opportunity to receive treatment and rehabilitation
VOLUNTARILY, with the support and representation of a trusted individual.
REPRESENTATION: application through representative who is authorized to act on behalf of drug-
dependent person.
IT CAN BE:
1.parent, spouse, guardian, or relative within the fourth degree of consanguinity or affinity.
WHAT IS PLEADING?
-refers to the formal written statements filed by the parties in a lawsuit to present their respective
claims, defenses, or responses to the court.
-serve as the foundation for the legal arguments and issues to be addressed during the litigation
process.
PLEADING IN CRIMINAL CASES:(Main Pleadings)
1.Information: formal written accusation filed by the public prosecutor or prosecutor’s office
-sets forth the charges against the accused, including specific criminal offenses allegedly committed and
the relevant facts and circumstances.
2.Plea
-the accused, upon arraignment, will enter a plea of either guilty or not guilty in response to the charges
stated in the information.
-this determines the subsequent course of trial.
3.Motion to Quash
-accused file motion to quash the information.
Grounds:
The information is defective, lacks of jurisdiction, or fails to state an offense.
4.Demurrer to Evidence
-during trial-accused may file demurrer to evidence
Grounds: Prosecution’s evidence is insufficient prove guilt beyond reasonable doubt.
If granted: dismissal of the case.
DEMURRER TO EVIDENCE vs. MOTION TO QUASH
Demurrer to Evidence
-filed by the accused after the prosecution presented its evidence during trial.
PURPOSE:
-To challenge the prosecution’s evidence to prove the guilt of the accused beyond reasonable doubt.
-It asserts that even if the evidence presented by the prosecution is taken as true, it is still insufficient to
support a conviction.
If Granted:
-The case may be dismissed or be acquitted. Trial will not proceed to the defense’s presentation of
evidence.
If Denied:
-trial continues
-the accused will have the opportunity to present their evidence.
Motion to Quash
-filed by the accused before the trial or during the early stages of the proceedings.
Purpose:
-to challenge the validity or sufficiency of the information or the complaint.
Grounds for filing of motion to quash:
1. Lack of jurisdiction
2. Duplicity of charges
3. Violation of the right to a speedy trial or failure to state an offense.
5. Motion for Bail
-Accused is detained pending trial,
What to do:
-file motion for bail to request temporary release from custody pending the resolution of the case.
