Sample of Affidavit of Complaint

Republic of the Philippines )

____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x
AFFIDAVIT OF COMPLAINT
The UNDERSIGNED, __________________________, accuses _________, of
_____________, committed as follows, to wit:
That on or about _________, at about _____________ in the
_________________, ______________, Philippines, the said accused did then and
there willfully, unlawfully, feloniously, and by means of _____________, committed
_____________, upon the undersigned directly by overt acts to wit: (state the details
how the crime was committed).
The undersigned executed this affidavit to attest the truthfulness of the foregoing
facts
and
to
support
the
filing
of
Criminal
Cases
against
_______________________________ for violations of ________________________.
___________, this _____ day of __________, ____.
____________________________
Offended Party
SUBSCRIBED AND SWORN to before me this ___ day of _______ at
_______________. I HEREBY CERTIFY that I have personally examined the herein
offended party and I am satisfied that they voluntarily executed and understood their
given affidavit.
_________________________
Judge
WITNESSES:
__________________________
__________________________

Sample of Affidavit of Witness

Republic of the Philippines )

____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x
AFFIDAVIT OF WITNESS
I,
________________________,
age,
civil
status,
resident
of
__________________________, _________, after having sworn in accordance with law, do
hereby depose and state THAT:
1.
I was present and personally saw that accused, __________, committed the
crime of ___________________________ against the victim _______________;
2.

(State other circumstances and the relation either to the victim or accused or

3.

(State the details of the acts committed by the accused against the victim.

04.

(State the acts done by the witness and the reason thereof);

both);

I executed this affidavit to attest the truthfulness of the foregoing facts and to support the
filing of Criminal Cases against _______________________________ for violations of
________________________.
AFFIANTS SAYETH NAUGHT.
IN WITNESS WHEREOF, I hereunto affixed my signature this ___day of ____________
at ____________, _______________.
_______________________________
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of _______ at
_______________. I HEREBY CERTIFY that I have personally examined the herein affiants
and I am satisfied that they voluntarily executed and understood their given affidavit.
_____________________
Notary Public

Sample of Affidavit of Arresting Officers

Republic of the Philippines )

____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x
JOINT AFFIDAVIT OF ARREST
We, the UNDERSIGNED Police Officers, both members of the Philippine
National Police, presently assigned at the __________________________, _________,
_____________, do hereby depose and state THAT:
01.
We
are
among
the
members
of
the
___________________________________ who conducted entrapment operations at
_______________________ located along ________________________________,
_______________;
2.
Said operation stemmed from the complaint of _____________ for
violation of ______________________________________ which was referred to our
office by the ______________________________ against _____________________,
(age), (civil status), (nationality) and residing at No. __________________________,
__________________;
3.
On the complaint dated _______________, (state the act and the
crime committed).
04.
Upon receipt of their said complaint, our office planned out an
entrapment operation against the suspect. At about ______________ of
______________, the undersigned together with the complainant proceeded at the prearranged
pay
off
_________________________
located
along
____________________________, __________ to give the money being asked by the
respondent;
05.
Upon arrival thereat, complainants waited for the suspect to arrive
while we the undersigned seated near the table of the complainants. At about
________, suspect arrived and approached the complainants and after few
conversation, complainants handed over the marked money to the suspect that minutes
of prompted the undersigned to immediately effect arrest;
06.
Seized and recovered in the possession and control of the arrested
person were the following, to wit:
a.) Marked Money, (state the denomination and serial numbers);

b.) (Name of documents promised);

c.) (type of CP and SIM Card); and
d.) Other evidence confiscated;
07.
Suspect together with the seized and recovered evidence was brought
to the ___________________________________, ____________, ___________ for
booking and proper disposition. Likewise, the arrested person was apprised of their
rights as provided for under the Constitution of the Philippines.
08.

The report of the PNP Crime Laboratory Group Physical Identification

Report
No.
___________
dated
__________,
revealed
that
suspect
______________________ was POSITIVE for the presence of Bright Yellow Ultraviolet
Fluorescent powder on both palm and right dorsal portion of the hands.
We executed this joint affidavit to attest the truthfulness of the foregoing facts
and
to
support
the
filing
of
Criminal
Cases
against
_______________________________ for violations of ________________________.
AFFIANTS SAYETH NAUGHT.
IN WITNESS WHEREOF, we hereunto affixed our signature this ___day of
____________ at ____________, _______________.
_______________________________
Affiant

____________________________
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______ at

_______________. I HEREBY CERTIFY that I have personally examined the herein
affiants and I am satisfied that they voluntarily executed and understood their given
affidavit.
_____________________
Administering Officer

Sample of Application for Search Warrant

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____, MANILA
PEOPLE OF THE PHILIPPINES
Plaintiff
SEARCH WARRANT NO._____
-versus-

FOR:

x------------------------------------------x
APPLICATION FOR SEARCH WARRANT
The Applicant, ____________________ of the ________________________,
____________________, after having been duly sworn, states:
That on _________., __________ personally appeared to the office of
________________ and reported that SUBJECT OF S.W, located at
__________________________________ is engaged in the illegal operation of
_______________________________; (See Photos and Sketch as Annex A).
That relative to the said information, at around ________, the informer and
_________ together with the undersigned conducted investigation and surveillance
operation at ___________________, located at _____________________________,
__________. The undersigned together with ____________ and _____________
inquires to the said office about _______________.
That on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal
activities). (See photos & sketch and See Attached Calling Card, List of
Requirements, Studio Romano Job Order Form & MTC Job Information as
Annexes B - C)
(modus operandi).
Further, investigation conducted disclosed that _________________________.

On the ensuing investigation, SUBJECT OF SW, ________________found to be

engaged in the operation of illegal activities;
That on the said investigation and surveillance operation the undersigned
confirmed and believes that SUBJECT OF SW and/or any of its Officer, Agents,
employees of _____________________________________, __________ is indeed
engaged in ________________________despite the fact that the said office is
________________and is not licensed to __________________.
The properties, articles, objects and items which are used and/or intended to be
used in the commission of the afore-stated offense in the possession of the SUBJECT
OF S.W includes the following:
a. Leads
b. ....
The undersigned has personally verified the report thru surveillance and
investigation activities together with _________________ and _______________, to
ascertain the veracity thereof and found the same to be true and correct;
PRAYER
WHEREFORE, the Undersigned respectfully prays:
a. that the Honorable Court include in the Search Warrant and express authority
to conduct the raid of the above-mentioned premises at any time of the day
or night including SATURDAYS and SUNDAYS considering that these are
the days when the customer traffic are at its peak and to break open the
premises to be searched should the owner thereof refuse entry in the
premises or is absent therein.
b. that this Honorable Court cause the immediate issuance of a Search Warrant
commanding any Peace Officer to conduct a search on the above-described
premises and to seize the above-described items to be dealt with as the law
directs;
(Date), (Place).
________________
Applicant
SUBSCRIBED AND SWORN TO before me this _______ day of
_____________, ______
______________________
Presiding Judge

CERTIFICATION AND VERIFICATION

I, THE UNDERSIGNED, under oath, depose and say that:
1.

I am the applicant in the above-entitled application for Search Warrant;

2.

I personally caused the preparation of the foregoing application for Search

Warrant and have read its content and the allegations therein, which are
true and correct to my own personal knowledge and belief.

3.

I further certify that (a) I have not therefore commenced or filed any
application for a Search Warrant involving the same issues in any court,
tribunal or quasi-judicial agency and to the best of my knowledge, no such
other application for Search Warrant is pending therein; (b) If there is such
other pending Application for Search Warrant, I will therefore inform this
Honorable Court of the present status thereof; (c) If I should thereafter
learn that the same and similar application for Search Warrant has been
filed or its pending , I shall report that fact within five (5) days there from to
this Honorable Court, wherein the aforesaid application for Search
Warrant has been filed.
____________________
Applicant
Date: ___________________

Sample of Deposition of Witness

Republic of the Philippines

REGIONAL TRIAL COURT
__________________________________
Branch ___________, Quezon City
PEOPLE OF THE PHILIPPINES
Plaintiff
-versus_________________________
Respondent
x------------------------------------------x

SEARCH WARRANT NO.____

For
_________________________

DEPOSITION OF WITNESSES
We, _______________________________ after having been duly sworn to testifies, as follow:
QA-

What is your name and other personal circumstance?

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

QA-

Do you know ____________________, the applicant for Search Warrant?

QA-

Do you know the premises of _____________________________,

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: _______________

AQ-

Do you know who is or who is the person or persons who have or have control of him abovedescribed properties?

AQ.
A-

How did you know that the said properties are kept in his/her premises which are subject of the
offense?
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

Sample of Complaint

Republic of the Philippines

Metropolitan Trial Court
____________
People of the Philippines

Criminal Case No.

vs
Accused
x--------------------------------x
COMPLAINT
The undersigned, Chief of Police of ___________________, accuses
_______________In the municipality of ____________________, province of
_____________________________,Philippines, the said accused did then and there,
willfully, unlawfully, and feloniously, with malice and aforethought, attacked
_______________________ with ________, wounding the latter in the
_______________, producing wounds which are necessarily fatal, thereby causing the
immediate death of said _____________________________.
Contrary to law.
____________, __________________________, 20___.
____________________________
Chief of Police of ______________
SUBSCRIBED AND SWORN before me this _____________th day of
____________ 20___________ in the province of ________________________.

________________________
JUDGE

Sample of Memo for Preliminary Investigation

Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR
Manila
Related to:
I.S No.
Prosecutor

________________
________________
_________________

I.S. No.
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
Supporting document should be submitted.

ACTION TAKEN:
________________________________
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

Sample of Notice of Appeal

Republic of the Philippines
__________________________________
_____________________
________________________
Complainant-Appellant,
-versus_________________________
Accused-Appellee,
x------------------------------------------x

Criminal Case No.____

For
_________________________

NOTICE OF APPEAL
COMES NOW the complain 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)

Sample of Motion for Reconsideration

Republic of the Philippines

__________________________________
_____________________
________________________
Complainant,
-versus_________________________
Accused.
x------------------------------------------x

Criminal Case No.____

For
_________________________

MOTION FOR RECONSIDERATION

COMES NOW the complainant by the undersigned attorney and within the
reglementary period prescribed by the Rules of Court hereby files this motion for
reconsideration from the judgement of rendered by ___________________ of
____________ by virtue of newly found evidence which was not obtained during the
trial of this case and if produce will substantially affect the decision of the Honorable
Court, to wit:
a. Newly found evidence
b. New vital witness

PRAYER
WHEREFORE, it is most respectfully prayed that the instant petition be
considered by the Honorable Court and further grant the complaint other relief be
granted as shall be deemed just and equitable in the premises
_____________, ______________________, _____________.

_______________________________
(Attorney for the Complainant)
_______________________________
(Address)
Copy hereof received ________ this
___________ day of _________, ________
_______________________________
(Counsel for the Accused)
______________________________
(Prosecutor on Case)
EXPLANATION
(Proof of Service)

_______________________________
(Attorney for the Complainant)
_______________________________
(Address)