Legal Forms

Legal Form

 Legal forms are templates for any documents or forms used in court proceedings or legal transactions; they contain significant information provided in technical terms and in a form that is appropriate and systematic for the particulars of each case.

 are written documents used in legal proceedings related to crime.

Examples of Legal Forms

Affidavit

 A type of verified, formal sworn statement of fact signed by an affiant (someone who sign) or author and witnessed by a notary public.

 This could be used as evidence in court proceedings.

Composition of an Affidavit:

 Title – the name of the affidavit.

 Commencement – identifies the affiant.

 Averments – claims made by the affiant.

 Statement of Fact – statement verifying that what is stated is true under oath.

 Attestation Clause – a clause certifying the oath and the date made by the affiant.

 Signature – the signature of the affiant and the notary public.

Examples Of Affidavits

Affidavit of Complaint

 Complaint is a sworn written statement charging a person with offense, subscribed by the offended party, peace officer, or the public law officer charged with the enforcement of the law violated.

​It can be filed either before the prosecutor’s office court, in other case filing it is necessary to conduct preliminary investigation.

Who can file Criminal Complaint?

 Offended Party – person/s against whom or against whose property the crime was committed.

 Peace Officer – PNP personnel

 Public Officer – charged with enforcement of law violated (ex. BIR agent, customs agent etc.)

Composition of Affidavit

 Name of accused

 Designation of the offense by statue

 Acts or omissions complained as constituting the offense

 Name of offended party

 Approximate time of the commission of offense

 Place wherein the offense was committed

Affidavit of Desistance

 Desistance is a process of abstaining from crime by those with a previous pattern of offending.

 Affidavit of Desistance is a written statement executed when a complainant change heart and no longer wishes to continue legal action against the accused.

 Also, the complainant states he did not really intend to institute the case and no longer interested in testifying or prosecuting. This is ONLY A GROUND for dismissing the case if only the prosecution can no longer prove the guilt of the accused beyond reasonable doubt without the testimony of the offended party.

Affidavit of Denial

 A formal declaration that the individual, though sharing a similar name with someone involved in a legal case, is neither the accused nor involved in any relevant criminal activity.

Affidavit of Arrest

 A declaration made under oath and subject to perjury penalties. This includes the information that led to the arrest, the facts and circumstances surrounding the arrest, and the observations made both before and after the arrest. The arresting officer filled this out.

Affidavit of Witness

 An affidavit of witness is a legally binding record of a witness's written testimony that is used to provide the court with evidence. Typically, a lawyer fills it up and files it with the lawsuit. The affidavit must be written in paragraphs, with each paragraph addressing a distinct subject. The individual making the statement must be identified by their full name. The name of the person who confirms the assertion also does. In some situations, the testimony of an expert witness may also be recorded using this type of affidavit. The affidavit must be factual and provide only facts—no subjective judgments or sentiments.

Acknowledgement and Jurat (Jur-uht)

Acknowledgement

 a formal declaration before an official that one has executed a particular legal document

 it does not involve swearing under oath but merely recognizing a document

Jurat

 requires swearing an oath in addition to identification and signature

 used when an individual signing the document has to take an oath that the stated content in the document is based on complete honesty.

Complaints

 A sworn written statement charging a person with offense, subscribed by the offended party, peace officer, or the public law officer charged with the enforcement of the law violated.

Summons/ Appearance Notice

 A summons and appearance notice are formal notifications informing a person that they must appear in court at a designated time and location to answer to a criminal charge.

 If some cases wherein the 2^nd paragraph of appearance notice or summon is filled out, the addressee have to go to the police station to be fingerprinted and photographed.

 Summons / Appearance Notice

 Appearance   notice   and

 summons   are   official   notices   telling

 person   that   he/she   has   to   appear   in

 court at a  specific time and place to

 answer to a criminal charge. Usually, a

 police   officer   gives   the   appearance

 notice, and summons may be received

 in   the   mail.   Specifically,   an

 appearance notice is given to a person

 before   he/   she   is   charged   with   an

 offense, while a summons is given to a

 person who has already been charged

 with an offense.

 Summons / Appearance Notice

 Appearance   notice   and

 summons   are   official   notices   telling

 person   that   he/she   has   to   appear   in

 court at a  specific time and place to

 answer to a criminal charge. Usually, a

 police   officer   gives   the   appearance

 notice, and summons may be received

 in   the   mail.   Specifically,   an

 appearance notice is given to a person

 before   he/   she   is   charged   with   an

 offense, while a summons is given to a

 person who has already been charged

 with an offense.

Difference between Summon and Appearance Notice

 Summon – given to a person who has already been charged with an offense.

 Acknowledgement – given to a person before he is charged with an offense

2 Types of Summon

 a. Summary Conviction – minor offenses like causing disturbances or shoplifting.

 b. Indictable Offenses – more serious like murder, sexual assault, robbery etc.

Note: If the person fails to go, a warrant of arrest may be issued for his/her arrest. It is advisable to get a legal advice or speak to a lawyer right away if one receives an appearance notice or summons.

Warrants

 A warrant is a particular kind of authorization; a writ granted by a qualified official, typically a judge or magistrate, that enables an allegedly unlawful act that would infringe upon an individual's rights and protects the person issuing the writ from harm should the act be carried out.

Types of Warrant

A. Warrant of Arrest

 It is a written order issued by a judge or other judicial authority, commanding law enforcement officers to arrest an individual and bring them before the court.

Arrest – taking of person in custody in order that he may be bound to answer for the commission of an offense.

 Section 4, rule 113 of the Revised Rules of Criminal Procedure says that the office to whom the warrant was delivered shall cause the warrant to be executed within ten (10) days from receipt. Within ten (10) days after expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In cases of his failure to execute the warrant, he shall state the reasons therefor.

B. Search Warrant

 An order in writing issued in the name of the people of the Philippines signed by the Judge and directed to a peace officer, commanding him to search for personal property described and bring it before the court.

 ​The validity of Search Warrant shall be valid for ten (10) days from the date of issuance, and after which the issuing judge should ascertain if the return has been made, and if there was none, should summon the person to whom the warrant was issued and require him to explain why no return was made.

C. Bench Warrant

 A variant of arrest warrant issued when an individual fails to follow the rules of the court or fails to comply a court order.

D. Extradition Warrant (Fugitive Warrant)

 It is a legal document that allows a person who has fled from one place to another to be returned to the original place to face charger.

 It is like a permission slip for the police to take someone back to where are wanted.

 Extradition – deportation/handover; if you escape to another state or country to evade legal consequences, you may be subject to extradition.

E. Alias Warrant

 A kind of warrant issued when the subject fails to appear in court for a scheduled court date before any plea has been entered or fails to respond to a citation in person or by mail. Failure to appear is an added charge.

Subpoena

 An order from the court that required an individual to be somewhere in person at a certain place, date and time to testify as a witness in a case.

 A conditional threat of punishment made by a governmental authority if it is attached to a command, so that if the recipient does not do as commanded then that person may be punished.

Two Types of Subpoenas

 Subpoena ad Testificandum – orders the person to testify before the court or face punishment.

 Subpoena Duces Tecum – orders a person to bring physical evidence before the ordering authority or face punishment.

Sworn Statement

 A legal document that lists the facts or statements relevant to a court case. It is similar to an affidavit, but a sworn statement does not need to be acknowledged by a notary public.

 A sworn statement must include a signature from the declarant stating that the declaration is true and made under penalty of perjury. Depending on the jurisdiction, certain courts in the nation accept sworn declarations rather than affidavits.

MEMORANDUM

 A comprehensive and organized written document that summarizes and analyzes relevant laws based on legal research to support conclusion on a particular legal issue.

 Composition of Memo:

 Subject TO – superior TO subordinate/same rank position

 Subject FOR – subordinate FOR superior / same rank same position

Two (2) Liners​​​​​Three (3) Liners

 1^st Line – Rank and Name​​1^st Line – name

 2^nd Line – Position​​​2^nd Line – rank

3^rd Line – position