1. Rejoinder affidavit – any crime/s or admin.

Case
What is rejoinder affidavit in the Philippines?

Rejoinder Affidavit is the response by the petitioner to the counter affidavit filed by the respondent. Rejoinder affidavit
may include response to the response to the new facts raised through the affidavit filed by the respondent. Rejoinder is
reply to the Counter Filed by the Opposite party

2. Counter affidavit – any crime/s or admin. Case

COUNTER AFFIDAVIT is an affidavit responding to and contradicting the affidavit produced by an
adversary. It is an affidavit made in opposition to one already made. Such affidavits are allowed in the
preliminary examination of some cases.

3. Affidavit of denial for NBI Clearance

Affidavit of denial may be submitted to clear one's name when there are other records bearing the
same name with pending case or derogatory information. [Link]

What is the meaning of no derogatory record in NBI?

“No record on file” is noted when the individual has never obtained a Certificate; “No
derogatory record” is indicated on Certificate renewals; while “With derogatory record” is
indicated for those applicants who do have an incident with the law.
[Link]
AFFIDAVIT OF DENIAL
I, ____________________________________________, of legal age,
single/married/widow, citizen of ______________________ and presently residing at
_________________________________________________________________, after
having been duly sworn to in accordance with law, do hereby depose and say:
That I am applying for landed immigrant in _____________________ and in the
process, I am required to submit an overseas police clearance from the Philippine
National Bureau of Investigation (NBI) in Manila;
That in compliance with the requirements of the _________________
Immigration, I submitted my application for NBI in the Philippines;
That NBI Office in Manila has advised me that said Office could not issue the
required clearance in view of the appearance of name similar to my name in NBI files
involving in ________________________________________________ (case/s filed
against said person bearing names similar to mine;
That I am executing this affidavit to attest to the foregoing facts and to deny
categorically and specifically under oath that I am not the same person mentioned in the
docket/files of NBI with the said derogatory/civil/criminal record/s;
In view of the foregoing, I am requesting NBI Office to issue the appropriate
police clearance in my favor for compliance with the certain requirements.
IN WITNESS WHEREOF, I have hereunto set my hand this ___________ at
__________________________, Canada.
_______________________
(Affiant)
Signed in the presence of: ____________________ ____________________
at the Philippine Consulate General, Toronto, Ontario, Canada
4. Affidavit of undertakiNG
This affidavit is voluntarily executed in order to attest to the truthfulness of the foregoing narration of facts and undertaking
under pain of administrative, criminal and civil liabilities, and for whatever legal purpose it may serve.

ANNEX “A”
 Republic of the Philippines)

_____________________________) S.S.

AFFIDAVIT OF UNDERTAKING

I, _________________________________________________________, of legal age, Filipino, and a resident of

____________________________________________________, after being duly sworn to, under oath and in

accordance with law, do hereby depose and state that:

1. I am the ________________________________ of ___________________________________________________;

2. I accomplished and signed the Mandatory Disclosure Form (MDF) as authorized by the

Board of Trustees of the above-mentioned corporation;

3. The said MDF was filed through electronic mail on _______________, pursuant to the

Guidelines in the Filing or Submission of the Mandatory Disclosure Form for Nonstock Corporations;

4. I undertake to submit the printed and notarized copy of the MDF within five (5) days from

the time the Enforcement and Investor Protection Department requires its submission

through personal or other allowed means of filing.

IN WITNESS WHEREOF, I hereunto affix my signature this ______ day of __________ 20_____, at

_______________________________________.

______________________________________

Affiant

SUBSCRIBED AND SWORN TO before me this __________ day of ____________________, 2020 at

______________________, affiant having exhibited to me her ________________ with nos.

_____________________________.

Doc. No.______

Page No.______

Book No.______

Series of 20___.

5. Affidavit of loss
An affidavit of loss is a document declaring that a security, such as a stock certificate, is lost or destroyed. The
security issuer requires an affidavit in order to indemnify the holder or replace the certificate. Individuals can file
affidavits of loss for other types of document, such as a passport or diploma. Https://[Link]

REPUBLIC OF THE PHILIPPINES)

CITY OF MAKATI ) S.S.

x----------------------------x

AFFIDAVIT OF LOSS
I, ___________________, of legal age, Filipino, (single/married/widow) and a resident of
_______________________________, after having been duly sworn to in accordance with law, depose and state
THAT:

1. I am a duly-licensed driver in accordance with pertinent Land Transportation laws, rules and regulations, and was
issued a corresponding (Non) Professional Driver's License with number _____________ which is valid until
_____________;

2. Sometime on ____________, said driver's license was misplaced and got lost;

3. Efforts were exerted to locate said driver's license, but in spite of diligent search, it could not be found and the same
is now beyond recovery;

4. Said Driver's License has not been confiscated by the LTO, Police or other Traffic Enforcers for any traffic violation;

5. As such, I am executing this Affidavit of Loss to attest to the truth of the foregoing and to support my application for
the issuance of a new (Non) Professional Driver's License, in lieu of the one that was lost;

IN WITNESS WHEREOF, I have hereunto set my hand this ___________________ in Makati City, Metro Manila,
Philippines.

____________________

Affiant

SSS ID No. _____________

SUBCRIBED AND SWORN TO before me this ___________________ in _________________, Philippines, affiant

exhibiting to me his/her competent evidence of identity by way of __________________ issued at ______________
on __________________.

Doc. No. _____;

Page No. _____;

Book No. _____;

Series of 2013.

An Affidavit of Loss is usually required when requesting for a replacement of a lost document or item. This
document should be completed by a person, known as the Affiant, who can attest under oath of their personal
knowledge of the circumstances of the loss of the object. [Link]

This is a sample of an Affidavit of Loss, which you may need to make should you lose an item or document and desire
its replacement. Note that the affidavit needs to be notarized by a Notary Public.

Republic of the Philippines )

Province of __________________ )

City/Municipality of ___________ ) S.S.

AFFIDAVIT OF LOSS

I, (name), Filipino, of legal age, (single/married/widow/widower), and a resident of ______________________,

Philippines, after having been duly sworn in accordance with law, do hereby depose and state that:
 I am a bona fide holder/owner of (description of item lost);

Sometime on ___________ in _____________, I was:

(describe the circumstances leading to the loss of the item)

Despite my very best efforts and exercise of reasonable diligence to find the said property / item, I could not find the
same such that I have good reason to believe the same is now lost and beyond recovery; and

I am executing this affidavit in order to attest to the truthfulness and veracity of the foregoing and to facilitate the
replace of the said lost item / property above-described.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of _____________ in
_________________, Philippines.

SIGNATURE ABOVE NAME

(JURAT)

6. Deposition of witness A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the
discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

What is the importance of deposition of witness?

Depositions enable a party to know in advance what a witness will say at the trial. Depositions can also be taken
to obtain the testimony of important witnesses who can’t appear during the trial. In that case, they’re read into
evidence at the trial.

Sample of Deposition of Witness

Republic of the Philippines

REGIONAL TRIAL COURT
__________________________________
Branch ___________, Quezon City

PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO.____

Plaintiff

-versus- For

_________________________ _________________________
Respondent
x------------------------------------------x

DEPOSITION OF WITNESSES

We, _______________________________ after having been duly sworn to testifies, as follow:

Q- What is your name and other personal circumstance?

A- We are_______________ and _________________ both of legal ages, and (civil status) and presently
assigned with the _________________;

Q- Do you know ____________________, the applicant for Search Warrant?

A-

Q- Do you know the premises of _____________________________?

A-
 Q- Do you have personal knowledge that in said premises the following properties are being kept, being
used or intended to be used without proper documents, to wit: _______________
A-

Q- Do you know who is or who is the person or persons who have or have control of him above-described
properties?
A-

Q. How did you know that the said properties are kept in his/her premises which are subject of the offense?
A- We conducted discreet surveillance and it was confirmed that ________________ is keeping
___________________ in his/her premises/ residence.

__________________________ __________________________
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___________ day of _______________ 1999 at

________________________.

_________________________
Judge

7. Memo for Preliminary Investigation

RULE 112 Preliminary Investigation

Section 1. Preliminary investigation defined; when required. — Preliminary investigation is an inquiry or proceeding to determine
whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial.

Except as provided in section 7 of this Rule, a preliminary investigation is required to be conducted before the filing of a complaint or
information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without
regard to the fine. (1a)

Section 2. Officers authorized to conduct preliminary investigations. —The following may conduct preliminary investigations:

(a) Provincial or City Prosecutors and their assistants;

(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;

(c) National and Regional State Prosecutors; and

(d) Other officers as may be authorized by law.

Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective
territorial jurisdictions. (2a)

Sample of Memo for Preliminary Investigation

Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR

Manila
Related to: ________________ I.S. No. __________________

I.S No. ________________ Prosecutor __________________

Prosecutor _________________ Date Filed __________________

MEMO OF PRELIMINARY INVESTIGATION

COMPLAINANT/S: RESPONDENT/S

1.______________________________ 1. _________________________________

Address: _______________________ Address: ____________________________

2. _____________________________ 2. __________________________________

_____________________________ __________________________________

3. _____________________________ 3. __________________________________

_____________________________ __________________________________

CHARGE: 4. __________________________________

____________________________________________________________________

Place of Commission 5. ___________________________________

____________________________________________________________________________________________________________
________________________________

Date ________________ Time ________________(Use back hereof for add, accused)

Witness:

Name ________________________ Address ____________________________

_____________________________ ____________________________________

_____________________________ ____________________________________

NOTE:1. Has a similar complaint been filed before any other office? (YES OR NO)

2. Is this complaint in the manner of a counter-affidavit? ________(YES OR NO)

3. Are all the above information true and correct _____________(YES OR NO)

THE ABOVE SHOULD BE FILLED UP BY COMPLAINANT OR COUNSEL

Investigation on ___________________ Postpone to ________________________

On relation of________________________

________________________________

(Signature of complainant or counsel)

TAKE NOTE: Sufficient copies of the affidavit *********************************************

Of complainant and witnesses and other ACTION TAKEN:

Supporting document should be submitted.

________________________________

Investigation Prosecutor

IMPORTANT!

A complainant shall be required to file his complaint in the form of an affidavit to which must be appended affidavit of
witnesses, annexes and other supporting documents. The statements of the complainant and his witnesses, shall be, far as
practicable, be sworn to before the investigating Prosecutor. If sworn before any Officer authorized to administer oaths, the
administering Officer shall CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE VOLUNTARILY EXECUTED
AND UNDERSTOOD HIS AFFIDAVIT.

Late resolution given to Stenographer ____________________________

______________________________ _____________________________

Investigating Prosecutor Stenographer

8. Motion for reconsideration – admin case

RULE 121 New Trial or Reconsideration

Section 1. New trial or reconsideration. — At any time before a judgment of conviction becomes final, the court may, on motion
of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration. (1a)

Section 2. Grounds for a new trial. — The court shall grant a new trial on any of the following grounds:

(a) The errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial;

(b) The new and material evidence has been discovered which the accused could not with reasonable diligence have discovered
and produced at the trial and which if introduced and admitted would probably change the judgment. (2a)

Section 3. Ground for reconsideration. — The court shall grant reconsideration on the ground of errors of law or fact in the
judgment, which requires no further proceedings. (3a)

Section 4. Form of motion and notice to the prosecutor. — The motion for a new trial or reconsideration shall be in writing and
shall state the grounds on which it is based. If based on a newly-discovered evidence, the motion must be supported by affidavits
of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to
be introduced in evidence. Notice of the motion for new trial or reconsideration shall be given to the prosecutor. (4a)

Section 5. Hearing on motion. — Where a motion for a new trial calls for resolution of any question of fact, the court may hear
evidence thereon by affidavits or otherwise. (5a)

Section 6. Effects of granting a new trial or reconsideration. — The effects of granting a new trial or reconsideration are the
following:

(a) When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all proceedings
and evidence affected thereby shall be set aside and taken anew. The court may, in the interest of justice, allow the
introduction of additional evidence.

(b) When a new trial is granted on the ground of newly-discovered evidence, the evidence already adduced shall stand
and the newly-discovered and such other evidence as the court may, in the interest of justice, allow to be introduced
shall be taken and considered together with the evidence already in the record.

(c) In all cases, when the court grants new trial or reconsideration, the original judgment shall be set aside or vacated and
a new judgment rendered accordingly. (6a)
 9. Notice of appeal – admin. Case / (criminal case)

Section 3. How appeal taken. — (criminal case) included.

(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the Regional Trial Court in the
exercise of its original jurisdiction, shall be taken by filing a notice of appeal with the court which rendered the judgment
or final order appealed from and by serving a copy thereof upon the adverse party.

(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate
jurisdiction shall be by petition for review under Rule 42.

(c) The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial Court is death, reclusion
perpetua, or life imprisonment, or where a lesser penalty is imposed but for offenses committed on the same occasion or
which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death,
reclusion perpetua, or life imprisonment is imposed, shall be by filing a notice of appeal in accordance with paragraph (a)
of this section.

(d) No notice of appeal is necessary in cases where the death penalty is imposed by the Regional Trial Court. The same
shall be automatically reviewed by the Supreme Court as provided in section 10 of this Rule.
(e) Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the Supreme Court shall be by
petition for review on certiorari under Rules 45. (3a)

Section 4. Publication of notice of appeal. — If personal service of the copy of the notice of appeal cannot be made upon the
adverse party or his counsel, service may be done by registered mail or by substituted service pursuant to sections 7 and 8 of Rule
13. (4a)

Section 5. Waiver of notice. — The appellee may waive his right to a notice that an appeal has been taken. The appellate court
may, in its discretion, entertain an appeal notwithstanding failure to give such notice if the interests of justice so require. (5a)

Section 6. When appeal to be taken. — An appeal must be taken within fifteen (15) days from promulgation of the judgment or
from notice of the final order appealed from. This period for perfecting an appeal shall be suspended from the time a motion for
new trial or reconsideration is filed until notice of the order overruling the motion shall have been served upon the accused or his
counsel at which time the balance of the period begins to run. (6a)

Section 7. Transcribing and filing notes of stenographic reporter upon appeal. — When notice of appeal is filed by the accused,
the trial court shall direct the stenographic reporter to transcribe his notes of the proceedings. When filed by the People of the
Philippines, the trial court shall direct the stenographic reporter to transcribe such portion of his notes of the proceedings as the
court, upon motion, shall specify in writing. The stenographic reporter shall certify to the correctness of the notes and the
transcript thereof, which shall consist of the original and four copies, and shall file the original and four copies with the clerk
without unnecessary delay.

If death penalty is imposed, the stenographic reporter shall, within thirty (30) days from promulgation of the sentence,
file with the clerk original and four copies of the duly certified transcript of his notes of the proceedings. No extension of
time for filing of said transcript of stenographic notes shall be granted except by the Supreme Court and only upon
justifiable grounds. (7a)

Section 8. Transmission of papers to appellate court upon appeal. — Within five (5) days from the filing of the notice of appeal,
the clerk of the court with whom the notice of appeal was filed must transmit to the clerk of court of the appellate court the
complete record of the case, together with said notice. The original and three copies of the transcript of stenographic notes,
together with the records, shall also be transmitted to the clerk of the appellate court without undue delay. The other copy of the
transcript shall remain in the lower court. (8a)

What is administrative appeal?

The administrative appeal is a request addressed to a public authority by which the aggrieved/interested person
demands administrative measures to be taken regarding an administrative act: annulment, modification, or even
issuance of a new act (when the latter has been refused by the administration).
What are the contents of notice of appeal Philippines?
Notice of appeal. The notice of appeal shall indicate the parties to the appeal, specify the judgment or final order or
part thereof appealed from, specify the court to which the appeal is being taken, and state the material dates
showing the timeliness of the appeal.
Sample of Notice of Appeal

Republic of the Philippines

__________________________________
______________
________________________ Criminal Case No.____
Complainant-Appellant,

-versus- For
_________________________ _________________________
Accused-Appellee,
x------------------------------------------x

NOTICE OF APPEAL
COMES NOW the complaint by the undersigned attorney and within the reglementary period prescribed by the
Rules of Court hereby files this notice of appeal from the judgement of dismissal rendered by ___________________ of
____________

_____________, ______________________, _____________.

_______________________________
(Attorney for the Complainant)

_______________________________
(Address)

Copy hereof received ________ this

___________ day of _________, ________

_______________________________
(Counsel for the Accused)

Republic of the Philippines

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch ______
Makati City

PEOPLE OF THE PHILIPPINES,

- versus - Criminal Case No. 0001111

_______________________,
Accused.
x-------------------x

NOTICE OF APPEAL

ACCUSED ______________, by counsel, and unto this Honorable Court, most respectfully gives
notice that he is appealing to the Regional Trial Court, both questions of fact and law, the Decision dated
11 July 2008 (copy received on even date).

Respectfully submitted.

14 March 2013
City of Makati.
ATTY. JOHN LLYOD CRUZ
Counsel for the Accused
Unit 1234 Enterprise Tower
Ayala Avenue, Makati City
Roll of Attorney No. 00011
IBP No. 12345/2-5-12/Makati
PTR No. 87654/12-22-11/Makati

Copy furnished:
Pros. Piolo Pascual
Office of the City Prosecutor
Makati City

Atty. Sam Milby

Ampere Street, Palanan
Makati City

Executive order no. 292 [ book VII / Chapter 4 – Administrative Appeal in Contested cases]

CHAPTER 4

Administrative Appeal in Contested Cases

SECTION 19. Appeal. —Unless otherwise provided by law or executive order, an appeal from a final decision of the
agency may be taken to the Department head.

SECTION 20. Perfection of Administrative Appeals. — (1) Administrative appeals under this Chapter shall be perfected
within fifteen (15) days after receipt of a copy of the decision complained of by the party adversely affected, by
filing with the agency which adjudicated the case a notice of appeal, serving copies thereof upon the prevailing party and
the appellate agency, and paying the required fees.

(2) If a motion for reconsideration is denied, the movant shall have the right to perfect his appeal during the remainder of
the period for appeal, reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the
aggrieved party shall have fifteen (15) days from receipt of the resolution of reversal within which to perfect his appeal.

(3) The agency shall, upon perfection of the appeal, transmit the records of the case to the appellate agency.

SECTION 21. Effect of Appeal. —The appeal shall stay the decision appealed from unless otherwise provided by law, or
the appellate agency directs execution pending appeal, as it may deem just, considering the nature and circumstances of
the case.

SECTION 22. Action on Appeal. —The appellate agency shall review the records of the proceedings and may, on its own
initiative or upon motion, receive additional evidence.

SECTION 23. Finality of Decision of Appellate Agency. —In any contested case, the decision of the appellate agency
shall become final and executory fifteen (15) days after the receipt by the parties of a copy thereof.
SECTION 24. Hearing Officers. — (1) Each agency shall have such number of qualified and competent members of the
base as hearing officers as may be necessary for the hearing and adjudication of contested cases.

(2) No hearing officer shall engage in the performance of prosecuting functions in any contested case or any factually
related case.

SECTION 25. Judicial Review. — (1) Agency decisions shall be subject to judicial review in accordance with this chapter
and applicable laws.

(2) Any party aggrieved or adversely affected by an agency decision may seek judicial review.

(3) The action for judicial review may be brought against the agency, or its officers, and all indispensable and necessary
parties as defined in the Rules of Court.

(4) Appeal from an agency decision shall be perfected by filing with the agency within fifteen (15) days from receipt of a
copy thereof a notice of appeal, and with the reviewing court a petition for review of the order. Copies of the petition shall
be served upon the agency and all parties of record. The petition shall contain a concise statement of the issues involved
and the grounds relied upon for the review, and shall be accompanied with a true copy of the order appealed from,
together with copies of such material portions of the records as are referred to therein and other supporting papers. The
petition shall be under oath and shall how, by stating the specific material dates, that it was filed within the period fixed in
this chapter.

(5) The petition for review shall be perfected within fifteen (15) days from receipt of the final administrative decision. One
(1) motion for reconsideration may be allowed. If the motion is denied, the movant shall perfect his appeal during the
remaining period for appeal reckoned from receipt of the resolution of denial. If the decision is reversed on
reconsideration, the appellant shall have fifteen (15) days from receipt of the resolution to perfect his appeal.

(6) The review proceeding shall be filed in the court specified by statute or, in the absence thereof, in any court of
competent jurisdiction in accordance with the provisions on venue of the Rules of Court.

(7) Review shall be made on the basis of the record taken as a whole. The findings of fact of the agency when supported
by substantial evidence shall be final except when specifically provided otherwise by law.

SECTION 26. Transmittal of Record. —Within fifteen (15) days from the service of the petition for review, the agency shall
transmit to the court the original or a certified copy of the entire records of the proceeding under review. The record to be
transmitted may be abridged by agreement of all parties to the proceedings. The court may require or permit subsequent
correction or additions to the record.

10. Commitment order

COMMITMENT ORDER - a written order of the court, or any agency authorized by law to issue, entrusting an inmate to a
jail for the purpose of safekeeping during the pendency of his/her case.

What is a commitment order in criminology?

*COMMITMENT ORDER- is defined as an official court ORDER to send someone to prison or to a mental hospital.
An example of COMMITMENT is someone being sent to jail after being found guilty of a DUI.

What is the difference between commitment order and Mittimus?

* Mittimus- a warrant issued by a court bearing its seal and the signature of the judge directing the jail at prison
authorities to receive the convicted offender for serving sentences imposed therein while Commitment Order is a written
order of court or authority consigning a prisoner to a jail or prison for detention.
11. Petition/Application for Compulsory Confinement for Drug dependent

12. Application for Voluntary Confinement for Drug dependent thru representation
13. Other legal form related to Law Enforcement.