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, unlawfu
lly, feloniously, and by means of _____________, committed _____________, upon t
he undersigned directly by overt acts to wit: (state the details how the crime w
as committed).
The undersigned executed this affidavit to attest the truthfulness of the forego
ing 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 a
m 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:

01.
I was present and personally saw that accused, __________, committed the
crime of ___________________________ against the victim _______________;
02.
(State other circumstances and the relation either to the victim or accu
sed or both);
03.
im.

(State the details of the acts committed by the accused against the vict

04.

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

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 sati
sfied 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 Nati
onal Police, presently assigned at the __________________________, _________, __
___________, do hereby depose and state THAT:
01. We are among the members of the ___________________________________ who cond
ucted entrapment operations at _______________________ located along ___________
_____________________, _______________;
02.
Said operation stemmed from the complaint of _____________ for violation
of ______________________________________ which was referred to our office by t
he ______________________________ against _____________________, (age), (civil s
tatus), (nationality) and residing at No. __________________________, __________

________;
03.
On the complaint dated _______________, (state the act and the crime com
mitted).
04.
Upon receipt of their said complaint, our office planned out an entrapme
nt operation against the suspect. At about ______________ of ______________, the
undersigned together with the complainant proceeded at the pre-arranged pay off
_________________________ located along ____________________________, _________
_ to give the money being asked by the respondent;
05.
Upon arrival thereat, complainants waited for the suspect to arrive whil
e we the undersigned seated near the table of the complainants. At about _______
_, suspect arrived and approached the complainants and after few conversation, c
omplainants 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 perso
n 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 t
he ___________________________________, ____________, ___________ for booking a
nd proper disposition. Likewise, the arrested person was apprised of their right
s as provided for under the Constitution of the Philippines.
08.
The report of the PNP Crime Laboratory Group Physical Identification Rep
ort 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 fac
ts 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 sati
sfied 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 _______________________________; (Se
e 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 ope
ration at ___________________, located at _____________________________, _______
___. The undersigned together with ____________ and _____________ inquires to th
e said office about _______________.
That on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal act
ivities). (See photos & sketch and See Attached Calling Card, List of Requiremen
ts, 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 undersigne
d confirmed and believes that SUBJECT OF SW and/or any of its Officer, Agents, e
mployees 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 intend
ed 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 investi
gation activities together with _________________ and _______________, to ascert
ain the veracity thereof and found the same to be true and correct;
P R A Y E R
WHEREFORE, the Undersigned respectfully prays:
a.
that the Honorable Court include in the Search Warrant and express autho
rity 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 whe
n the customer traffic are at its peak and to break open the premises to be sea
rched 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 Warra
nt commanding any Peace Officer to conduct a search on the above-described premi
ses 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 _____________, ______
_________________
_____
Presidin
g 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 Sea
rch Warrant and have read its content and the allegations therein, which are tru
e and correct to my own personal knowledge and belief.
3.
I further certify that (a) I have not therefore commenced or filed any a
pplication 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 applica
tion for Search Warrant is pending therein; (b) If there is such other pending A
pplication for Search Warrant, I will therefore inform this Honorable Court of t
he present status thereof; (c) If I should thereafter learn that the same and si
milar application for Search Warrant has been filed or its pending , I shall rep
ort that fact within five (5) days there from to this Honorable Court, wherein t
he 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 test
ifies, as follow:
QWhat is your name and other personal circumstance?
AWe are_______________ and _________________ both of legal ages, and (civ
il 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 prope

rties are being kept, being used or intended to be used without proper documents
, to wit: _______________
AQDo you know who is or who is the person or persons who have or have cont
rol of him above-described properties?
AQ.
How did you know that the said properties are kept in his/her premises w
hich are subject of the offense?
AWe 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, unla
wfully, and feloniously, with malice and aforethought, attacked ________________
_______ with ________, wounding the latter in the _______________, producing wou
nds 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 c

ounsel)
TAKE NOTE: Sufficient copies of the affidavit
*********************
Of complainant and witnesses and other
Supporting document should be submitted.

************************
ACTION TAKEN:
________________________

________
Investigat
ion 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 su
pporting documents. The statements of the complainant and his witnesses, shall
be, far as practicable, be sworn to before the investigating Prosecutor. If swo
rn before any Officer authorized to administer oaths, the administering Officer
shall CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE VOLUNTARIL
Y EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
Late resolution given to Stenographer
______________________________
Investigating Prosecutor
her

Sample of Notice of Appeal

____________________________
_____________________________
Stenograp

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 reglem
entary period prescribed by the Rules of Court hereby files this notice of appea
l from the judgement of dismissal rendered by ___________________ of ___________
_
_____________, ______________________, _____________.
________________________
_______
(Attorney for th
e Complainant)
_______________________________
(Address
)
Copy hereof received ________ this
___________ day of _________, ________
_______________________________
(Counsel for the Accused)

Sample of Motion for Reconsideration

Republic of the Philippines

__________________________________
_____________________
________________________
Complainant,

Criminal Case No.____

-versus_________________________
_
Accused.
x------------------------------------------x

For
________________________

MOTION FOR RECONSIDERATION

COMES NOW the complainant by the undersigned attorney and within the reg
lementary period prescribed by the Rules of Court hereby files this motion for r
econsideration from the judgement of rendered by ___________________ of ________
____ by virtue of newly found evidence which was not obtained during the trial o
f this case and if produce will substantially affect the decision of the Honorab
le Court, to wit:
a. Newly found evidence
b. New vital witness

PRAYER
WHEREFORE, it is most respectfully prayed that the instant petition be considere
d 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 th
e Complainant)
_______________________________
(Address
)
Copy hereof received ________ this
___________ day of _________, ________
_______________________________
(Counsel for the Accused)
______________________________
(Prosecutor on Case)
EXPLANATION
(Proof of Service)

_______________________________
(Attorney for th
e Complainant)
_______________________________
(Address
)