CDIN 8 Technical English 2 (Legal Forms) 1

AFFIDAVIT  A guardian may make an affidavit for a minor or insane

 It is a written statement of facts voluntarily made by an person incapable of doing so.
affiant under an oath or affirmation administered by a
person authorized to do so by law. It is voluntarily made  An attorney may make an affidavit for a client if it is
without any cross-examination of the affiant. impossible for the client to do so.

BASIS  When necessary to the performance of duties, a

 An affidavit is based upon either the personal Personal Representative, agent, or corporate officer or
knowledge of the affiant or his or her information and partner may execute an affidavit that indicates the
belief. Personal knowledge is the recognition of capacity in which the affiant acts.
particular facts by either direct observation or
experience. Information and belief is what the affiant  A court cannot force a person to make an affidavit, since,
feels he or she can state as true, although not based on by definition, an affidavit is a voluntary statement.
first-hand knowledge.
THE TAKER OF THE AFFIDAVIT
FUNCTIONS  Any public officer authorized by law to administer oaths
 Affidavits are used in business and in judicial and and affirmations—such as city recorders, court clerks,
administrative proceedings. notaries, county clerks, commissioners of deeds, and
court commissioners—may take affidavits.
BUSINESS
 Generally affidavits are used in business whenever an  Justices of the peace and magistrates are sometimes
official statement that others might rely upon is needed. authorized to take affidavits. Unless restricted by state
Statements of the financial stability of a corporation, the law, judges may take affidavits involving controversies
pedigree of animals, and the financial conditions of a before them.
person applying for credit are examples of affidavits
used in the commercial world.  An officer cannot take affidavits outside of the
particular jurisdiction in which he or she exercises
JUDICIAL PROCEEDINGS authority.
 Affidavits serve as evidence in civil actions and criminal
prosecutions in certain instances. They are considered a  The source of this authority must appear at the bottom
very weak type of evidence because they are not taken of the affidavit. A notary, for example, would indicate
in court, and the affiant is not subject to cross- the county in which he or she is commissioned and the
examination. Their use is usually restricted to times expiration date of the commission.
when no better evidence can be offered. If a witness
who has made an affidavit is not available to testify at a  An official seal is not essential to the validity of the
trial, his or her affidavit may be admitted as evidence. If affidavit but may be placed on it by the proper official.
the witness is present, his or her affidavit is inadmissible
except when used to impeach the witness's testimony, THE OATH OR AFFIRMATION
or to help the witness with past recollection of facts.  Unless otherwise provided by statute, an oath is
essential to an affidavit. The statement of the affiant
 An affidavit based on the knowledge of the affiant is does not become an affidavit unless the proper official
accorded more weight than one based on information administers the oath.
and belief. When admissible, affidavits are not
conclusive evidence of the facts stated therein.  When religious convictions prevent the affiant from
taking an oath, he or she may affirm that the
THE AFFIANT statements in the affidavit are true.
 Any person having the intellectual capacity to take an
oath or make an affirmation and who has knowledge of CONTENTS
the facts that are in dispute may make an affidavit.  There is no standard form or language to be used in an
affidavit as long as the facts contained within it are
 There is no age requirement for an affiant. As long as a stated clearly and definitely.
person is old enough to understand the facts and the
significance of the oath or affirmation he or she makes,  Unnecessary language or legal arguments should not
the affidavit is valid. appear.

 A criminal conviction does not make a person incapable  Clerical and grammatical errors, while to be avoided, are
of making an affidavit, but an adjudication of inconsequential.
Incompetency does.
 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.
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 CDIN 8 Technical English 2 (Legal Forms) 2
 Legal implications will only arise, if the affiant decide to
 Where the affidavit has been made is also noted. pursue with the execution an affidavit containing
untruthful statements, if it can be clearly shown that the
 When an affidavit is based on the affiant's information affidavit was executed before a competent officer who
and belief, it must state the source of the affiant's is authorized to receive and administer oath, and that
information and the grounds for the affiant's belief in the affidavit utilized for a legal purpose or presented the
the accuracy of such information. same as required by law. If one of the abovementioned
elements is lacking, one may not be held criminally
 This permits the court to draw its own conclusions liable.
about the information in the affidavit.
 Perjury is the willful and corrupt assertion of a
 An affiant is strictly responsible for the truth and falsehood under oath or affirmation administered by
accuracy of the contents of the affidavit. If false authority of law on a material matter.
statements are made, the affiant can be prosecuted for
perjury.
DIFFERENT KINDS OF AFFIDAVIT

PARTS OF A TYPICAL SWORN STATEMENT OR AFFIDAVIT  COMPLAINT AFFIDAVIT

1. Venue -is in the form of an affidavit, narrating the facts and
2. Title circumstances surrounding the alleged crime, based on the
3. Person point of view of the complainant. The narration may also
4. Oath include the elements of the crime as applied in the set of
5. Statement facts or circumstances.
6. Signature
7. Jurat - A jurat is a part of an affidavit in which the officer  AFFIDAVIT OF DESISTANCE
certifies that the instrument was sworn to before him. - is a written statement under oath by the complainant
stating that he‘s no longer interested in pursuing the
complaint or criminal case against another person. The
Note: In executing an affidavit, the affiant‘s primary complainant will no longer assist in prosecuting the other
qualification is that he has knowledge of the facts which he person by not giving either evidence or testimony.
states, and the truth of which he affirms.
 AFFIDAVIT OF DESISTANCE
- is filed before the office or court where the complaint is
pending or being investigated. However, please note that
LEGAL CONSEQUENCES OF FALSE AND UNTRUTHFUL merely filing the Affidavit of Desistance does not
FACTS IN AN AFFIDAVIT. automatically dismiss the complaint or criminal case. The
decision to dismiss the complaint or criminal case ultimately
 Making false or untruthful statements in a sworn lies with the investigating officer or the judge.
statement or an affidavit does not, in itself, result in
legal implications. While Article 183 of the Revised Penal When do you need an Affidavit of Desistance?
Code (RPC) imposes a penalty of arresto mayor in its  An Affidavit of Desistance is needed when you‘re no
maximum period to prision correccional in its minimum longer interested in pursuing a complaint or criminal
period to a person who makes false testimony in cases case against another person. You may wish to desist
not included in Articles 180 to 182 of the said law, as from the complaint or criminal case for a variety of
well as perjury in solemn affirmation, the following reasons, such as:
requisites must first concur in order for criminal liability 1. You have already amicably settled with the other
to attach: person
2. You are no longer willing to spend time or effort
a) That the accused made a statement under oath or in prosecuting the other person
executed an affidavit upon a material matter; 3. You realized that you filed the complaint or
b) That the statement or affidavit was made before a criminal case against the wrong person
competent officer, authorized to receive and
administer oath;  In such cases you file the Affidavit of Desistance to show
c) That in the statement or affidavit, the accused the investigating officer or judge that you are no longer
made a willful and deliberate assertion of a interested and want to have the complaint or criminal
falsehood; and case dismissed.
d) That the sworn statement or affidavit containing
the falsity is required by law or made for a legal
purpose.

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 CDIN 8 Technical English 2 (Legal Forms) 3
What information do you need to create the Affidavit of and the Affiant verifies the truth of the said information.
Desistance? Finally, the Affiant may request for a replacement of the lost
 To create your Affidavit of Desistance you‘ll need the document.
following minimum information:
1. The type of complainant (i.e. individual or - The affiant must swear under oath the whole truth of the
business) as well as name and details (i.e. contents of the affidavit and then sign all copies of the
nationality and address). affidavit once notarized, the Affiant may use the document
2. The type of person against whom the complaint as needed, including as support for any application for a
or criminal case was filed (i.e. individual or replacement of the lost object.
business) as well as name and details (i.e.
nationality and address).  AFFIDAVIT OF DENIAL FOR NBI CLEARANCE
3. Brief description of the complaint or criminal - it certifies that the said individual, at the time of request, is
case (i.e. the crime involved, complaint or not involved in any ongoing criminal cases in the Philippines.
criminal case number, etc.)
- A ―HIT is the term used by NBI Clearance Centers if the
 COUNTER AFFIDAVIT applicant has the same or similar name with another person
- is an affidavit filed by the respondent in reply to a petition. who has a pending criminal case. This requires the NBI to
Respondent files reply to the petition in the form of affidavit. verify your identity further before they can release an NBI
In most of the Writ Petitions, reply is being filed in the form Clearance to the applicant.
of Counter Affidavit.  Possible reasons for a ―HIT‖:
1. You have a pending criminal or administrative
 REPLY AFFIDAVIT case before the court, Ombudsman,
- is an affidavit made for the purpose of answering a Counter SandiganBayan, or another administrative or
affidavit. The purpose of an affidavit in reply is simply to quasi-judicial body.
rebut or answer matters raised for the first time in the 2. You have the same or similar name with another
affidavits to which the replies are made. person who has a pending or ongoing case.
3. You have a previous criminal or administrative
 REJOINDER AFFIDAVIT case, and the status of this case needs to be
- is the response by the petitioner to the counter affidavit further verified by NBI personnel.
filed by the respondent. Rejoinder affidavit may include 4. Your NBI Clearance has been held by request of
response to the response to the new facts raised through the other government agencies.
affidavit filed by the respondent. Rejoinder is reply to the
Counter Filed by the Opposite party . The Pleadings of - All NBI Clearance applicants with a ―HIT‖ are subject to
Petitioner or plaintiff are already filed and the opposite party further verification of the applicant‘s identity with the
filed counter affidavit or Written Statement with new fats Identification and Records Division at NBI Manila. This is
which are not correct according to Petitioner or Plaintiff, in where you execute and ―Affidavit of Denial for NBI
reply to the Counter of Respondent the petitioner can file Clearance‖.
rejoinder denying the new facts which are not mentioned in
the Petition or Complaint.  AFFIDAVIT OF UNDERTAKING
- is a promise given by one party to the Court, frequently of
 AFFIDAVIT OF LOSS mandatory nature and relating to an obligation to the other
- is a written statement that describes the facts concerning party in proceedings. Undertakings are a legally binding
the loss of an object, usually a document such as an promise which carries severe consequences if breached. You
identification card, a driver's license, passport, or documents should only make an undertaking if you are certain that you
relating to the registration of vehicles. This document should are capable of adhering to the terms of the undertaking. They
be completed by a person, known as the Affiant, who can are used as a way of incorporating a term into an order which
attest under oath of their personal knowledge of the falls outside the remit of orders that the Court has the power
circumstances of the loss of the object. to make. It may contain a promise to do, to abstain, or to pay.

- The document includes identifying information of the  MOTION FOR RECONSIDERATION

Affiant, including their name, citizenship, age, and address. If - is referred to as MR for short. It is a pleading whereby the
the Affiant is a minor, the user will be asked the name of the movant asks the court to revisit its decision which in his view,
guardian who will accompany the Affiant to the notary public is not supported by facts, the law, the evidence with the view
and sign the affidavit. The guardian is the legal guardian who to having it modified or reversed.
may be the parents or a court-appointed guardian. The
document then describes the object that was lost and the  NOTICE OF APPEAL
circumstances of the loss. - Appeal is the remedial procedure by which the aggrieved
party elevates the decision of the lower court to a higher
- Finally, the document explains that the information stated court for review and reconsideration with a view of having it
therein are based on the personal knowledge of the Affiant review or modified.

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 CDIN 8 Technical English 2 (Legal Forms) 4
 COMMITMENT ORDER WHAT ARE THE TYPES OF POLICE RECORDS?
- is a written order of the court, or any agency authorized by The classifications of police records are in five (5) categories
law to issue, entrusting an inmate to a jail for the purpose of namely:
safekeeping during the pendency of his/her case. 1. Case Records
2. Arrest and Booking Records
3. Identification Records
WHAT ARE RECORDS? 4. Administrative Records
 According to Dr. Andres Agsalda, Records, consist of the 5. Miscellaneous Records.
following items: handwritten, typewritten, or otherwise
reproduced matter, including books or statements of 1. CASE RECORDS - A case record is composed of two (2)
accounts, financial statements, contracts permits, categories:
agreements, documents; all police reports, forms, police  Complaint’ Assignment Sheet - reflects all
blotters, minutes of the meeting, maps, logbooks, information regarding complaints and reports
drawing, tracing, reproducible, prints, publications, received by the police from citizens, and other
catalogues, mailing list, speeches, press clippings, agencies or actions initiated by the police.
periodicals, press releases, statistical tables, transcripts,  Investigation Report - contains the findings and
and watch control tapes, arrest book, juvenile records, action taken by the investigating officer based on
traffic records, complaint reports, identification records, inquiries made and by obtaining the available facts
statements, confession, and other evidences; All kinds of the incident.
of photos and films, bail and bond records, property
records releases, and all types of communication logs. It 2. ARREST AND BOOKING RECORDS - This record
also includes as records are paper and magnetic tapes, maintains the arrest and jail booking report, which is
disc records, punch card and microfilm and etc. required for all persons arrested. It is made out in full
on each person arrested. It shall bear an arrest number
 Records are all papers, books, book maps, photographs for each arrest made.
or other documentary materials regardless of physical
form or characteristics, made or received by a law 3. IDENTIFICATION RECORDS - identification record is the
enforcement agency in pursuance of its legal obligations. third major division of police records. Fingerprint
records are the heart of any identification system. It
provides positive identification and the police must
WHAT IS RECORDS MANAGEMENT? supplement it with a record of physical characteristics
 Function of administrative management business and in some cases a photograph of the criminal.
operations and education concerned with the creation,
protection, retention, retrieval, preservation, of records 4. ADMINISTRATIVE RECORDS - these records required
and records information required for the continuance of in the management of the department's personnel and
government, business and industry operations at cost designed to aid in assignments, promotion and
consistence with services involved. disciplinary action. Such records are so essential in
administering personnel matters that they must be
 The records-service operation should be an integral maintained in a police department.
component of a records and communications elements,
identifiable only as a functional grouping of related 5. MISCELLANEOUS RECORDS - These are records, which
duties that are assigned to a particular supervisor under do not relate recorded complaints and investigation
the general direction of a watch or shift commander. reports but are informational in character.
Under this type of organization there is no record unit
or division, but rather a series of assignments that are
primarily records-oriented.
Note: The complaint number must not be confused with the
case number. All incidents shall receive a complaint number,
WHAT ARE THE IMPORTANCE OF POLICE RECORDS? however, only those incidents requiring a police
investigation shall receive a case number.
1. Primary means of communications among members of
the police department and the integration of various
units of the organization for accomplishing the police Note: Closing a case shall not be confused with clearing a
tasks and goals. case.
 A case is ―closed, for administrative purpose, when it
2. Essential in the efficient performance of routine duties, is no longer being investigated and is not assigned to
supervision and control of personnel and determination an investigator. A close case can be either solved or
of department policy. unsolved.
 A case is ―cleared ―when one or more persons are
arrested, charged with the commission of the offense
and turned over to fiscal or court for prosecution.
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