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Cdi 8 Semi-Final Module Contents

This document provides an overview of various administrative issuances and legal forms used in law enforcement. It discusses memorandums, memorandum circulars, circulars, office orders, special orders, and standard operating procedures. It also covers legal forms like sworn statements, affidavits, criminal complaints related to violations like arson and homicide. Official notices such as summons, subpoenas, arrest warrants, and search warrants are also addressed. The objectives are to identify the different administrative issuances and legal forms, discuss forms related to law enforcement, distinguish criminal complaints and official notices, and write a memorandum.

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100% found this document useful (1 vote)
5K views20 pages

Cdi 8 Semi-Final Module Contents

This document provides an overview of various administrative issuances and legal forms used in law enforcement. It discusses memorandums, memorandum circulars, circulars, office orders, special orders, and standard operating procedures. It also covers legal forms like sworn statements, affidavits, criminal complaints related to violations like arson and homicide. Official notices such as summons, subpoenas, arrest warrants, and search warrants are also addressed. The objectives are to identify the different administrative issuances and legal forms, discuss forms related to law enforcement, distinguish criminal complaints and official notices, and write a memorandum.

Uploaded by

Daks Gameplay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 20

CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

CONTENTS:

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

INTRODUCTION
This unit discusses about Administrative Issuances like Memorandum, Memorandum
Circular, Circular, Office Order, Special Order, and Standard Operating Procedure. Legal
forms related to law enforcement are also included like Sworn Statements, Affidavits,
Complaints in Criminal Cases, and Inquest Forms. Complaints in criminal cases are also
taken into consideration like Violation of Municipal Ordinance, Forcible Abduction, Arson,
Damage to Property through reckless Imprudence, Homicide, and Murder; as well as official
notices like Summons, Appearance Notice, Subpoena, Warrant of Arrest, and Search
Warrant.

OBJECTIVES:
At the end of this unit, you are expected to:
1. Identify the administrative issuances and their examples;
2. Discuss the legal forms related to law enforcement;
3. Distinguish the complaints in criminal cases and the kinds of official notices;
4. Write own memorandum.

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

ADMINISTRATIVE ISSUANCES
Administrative Issuances are orders, instructions, or directives written by a
person in authority to his subordinates. These provide objectives, programs, and policies
prescribing methods and procedures that in turn affect the organization. Some of the most
common issuances are: MEMORANDUM, MEMORANDUM CIRCULAR, CIRCULAR, OFFICE
ORDER, SPECIAL ORDER, and STANDARD OPERATING PROCEDURE.

MEMORANDUM
Commonly used in the police service is a memorandum (or memoranda) which are
inter-office communications dealing with official matters. A memorandum is “a note to
help the memory.” The message is reduced to the fewest possible words.
A memorandum is for application, requiring compliance or dissemination of
information for the offices and members of the organization. In some cases, it is specifically
directed to an individual or groups of individual in a specific police unit, directorate, service,
region, province, station or section that require specific performance or action.
Police executives may issue administrative instruction in the form of a Memorandum.
Subordinate officials may use this form ONLY on matters advisory or informative in nature.
The National Headquarters of Philippine National Police issued Letter Directive No.
95-09-26 dated October 27, 1995 on the Format and Use of Memorandum and Police Radio
Message. The purposes of this directive is to prescribe the basic guidelines and standard
regarding the preparation of written communication particularly memoranda and letters.
This also prescribes the formats for PNP written communications to be consistent with
current standards of acceptability.
The “subject-to” letter format, which is a standard military type of communication
should NOT be used anymore in all type of PNP communications, and instead be replaced
with the “memorandum” letter format, which is the standard and acceptable type among
civilian offices.

Parts of a Memorandum:
1. Heading – this contains the date, subject, thru channels, and addressee.

o Letterhead – every police unit or police office has its own letterhead where it is
usually printed in the first page.
 Printed letterhead stationery is normally used for the first page. If
not available, a type letterhead may be substituted.
 In offices where more than one kind of letterhead is used, the nature
of the letter will determine which letterhead is proper. All courtesy
carbon copies are made on plain bond paper.

Republic of the Philippines Republic of the Philippines


NATIONAL POLICE COMMISSION NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE PHILIPPINE NATIONAL POLICE
CEBU POLICE PROVINCIAL OFFICE National Capital Region Police Office
Doña ModestaSingsonGaisano St., Lahug, Cebu City Camp Bagong Diwa, Bicutan, Taguig City

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

o File Reference – it is otherwise called as the office symbol. A file reference is


placed on the first margin, usually two spaces below the letterhead. It varies
according to the individual item of correspondence. Each part of the reference is
also used in identifying information on the second and subsequent pages.

ORPRMD – NUPAS

o Addressee – the words “MEMORANDUM FOR” is used if sends to a SUPERIOR;


or “MEMORANDUM TO” if sends to a SUBORDINATE.
 It should be written in block style with open punctuation and
normally placed two (2) spaces after the file reference.

MEMORANDUM MEMORANDUM

FOR : Regional Chief TO : All Chiefs of Police/GD, 703rd MPG COY


PNP Regional Crime Laboratory Office 7
Camp SoteroCabahug
Gorordo Ave., Cebu City

o Addressor – the title of the addressor (sender) is entered after “FROM”.


Authorized abbreviations are used.

FROM : Director, QCPD


o Channels – Correspondence can be routed through channels, through a lower
chief or supervisor expected to exercise control, taken action, or to be concerned
and normally placed two (2) spaces after the addressee.

THRU : DRDA _______________


TCRDS ______________
Chief, RPRMD ________

o Attention Line/Address – this is mainly for faster dissemination, the


memorandum may be addressed to a specific individual or head of a unit, or by
the use of an office symbol.

*Addressed to the Attention of the Individual:

MEMORANDUM

TO : Chief of Police, SRPS


(Attn: PO2 DENNIS A CALLO, PNP)

*Addressed to the Attention of the Head of Office:

MEMORANDUM

TO : Chief of Police, SRPS


(Attn: Crime and Investigation Department)

o Subject – this is written two spaces below the sender and two spaces to the
right colon. It should contain no more than 10 words.

TO TO

FROM FROM

SUBJECT : EARTH HOUR PHILIPPINES 2009 SUBJECT : Request for Amendment of Family Name

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

o Date – this is placed below the subject indicating when the memorandum is
written.
 The day and year are numerals and the month may be
spelled out or abbreviate. If the month is abbreviated, the
year may be shortened too.

TO

FROM

SUBJECT

DATE : March 25, 2009

2. Body – this is the message of the memorandum. It is the substance of the typed letter
as distinct from the formal beginning and ending. This part of the letter is single-
spaced. (It is double-spaced when the message is less than nine lines.) The use of the
third person, such as “the undersigned” or “this unit” is prescribed to achieved
objectivity.
o Paragraphing – when a letter consists of only one paragraph, the paragraph will
not be numbered, although its sub-paragraph will be numbered, if there are two
or more. When there are two or more paragraphs, they will be numbered
accordingly. The second succeeding lines will begin at the left margin.

1.________________________________________________________________________
_____________________________________________________.
2.________________________________________________________________________
_________________________________.
a._________________________________________________________________
______________.
b._________________________________________________________________
__________________.
3.________________________________________________________________________
_________________________________________________________________________________
_____________.

o Abbreviations – this kind of communication allows abbreviations which are


generally accepted in the police service. They are usually written without spacing
or periods, except geographical locations which can be written with or without
periods. If the full name is used, the abbreviated rank is permissible, if family
name only, the rank is spelled out.
However, good practice tells the writer to use the abbreviations sparingly.
But definitely, abbreviations are NOT used in correspondence going outside the
Philippine National Police.

o Page Numbering – the first page should NOT be numbered. Subsequent pages,
including those on which endorsements are prepared, will be numbered
consecutively, beginning with the second page as 2. Page number will be centered
1 inch from the bottom of the page. The number will stand by itself; it will not be
set off by dashes, parenthesis or other punctuations.

3. Complimentary Ending – this is the authority line (if used), originator’s name/
signature, list of enclosures, and list of copies found 5 spaces below the last paragraph
of the body of the message.

o Authority line – this should be shown when the correspondence is signed for the
chief or head of an agency or office by an individual authorized to do so. This
reflects the fact that the communication is an expression of the will of the chief
or head of the office.

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

 The authority line begins on the second line below the last
paragraph directly under the first word of the preceding main
paragraph.
 It is typed in capital letters, without abbreviations. A staff
officer may sign under the authority line ONLY when
authorized to do so.

*If signing for a chief or head of office and addressed to members under him:

BY AUTHORITY OF POLICE SUPERINTENDENT ESTANISLAO:

JUAN CAPUGAN DELA CRUZ


Police Chief Inspector
Deputy Chief of Police

*If not addressed to a member under him:

FOR THE CHIEF OF POLICE:

JUAN CAPUGAN DELA CRUZ


Police Chief Inspector
Deputy Chief of Police

o Signature – the signature contains the name of the officer, usually his first name,
middle initial and last name, signed in black or blue-black ink (never blue or any
color); the name being typed, stamped or printed, all in capital letters, identical
with the written name, the officer’s rank or service and title designation. If the
concerned chief or head of officer personally signs the memorandum, his title or
designation may not be included anymore.

JUAN C DELA CRUZ, Ph.D.


Police Senior Superintendent
Director, Regional Health Service

 Double signatures should be avoided. Instead, a designated


individual may sign his own name and add the word “FOR” or
“BY” on the typewritten name in signature. If an individual in
the police service signs, “FOR” or “BY”, the rank and designation
of the signing individual may be shown.

JUAN C DELA CRUZ, Ph.D.


Police Senior Superintendent
Director, Regional Health Service

FOR:

JONARD E DESANTA
Police Chief Inspector
Deputy Director, RHS

 The typewritten portion of the signature begins approximately


one space to the right of the center of the five lines below the
authority line of the body.
 Block style and open punctuations are used. Abbreviations of
rank or service, and title may be used. In the block style, the
first letter of the rank and title is placed directly under the first
letter of the typewritten signature, but not necessarily blocking
under the last letter of the typewritten signature.

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

 Enclosures – these are supplementary documents which are sent with the
communication to provide additional information. When the letter has one or
more enclosures, this fact is entered on the left side of the page in the following
manner:

Enclosures:
1-Memo from
2-Memo from

 Copy Furnished Other Offices – a notation concerning copy furnished should


be typed immediately under, and separated by at least one line from the listing
of enclosures, if any. When there are no enclosures, notation of copies furnished
should be typed beginning on the left margin of the same line as that of the typed
signature. The copy for each specific addressee should be indicated by a check
mark. This information is omitted from the original and courtesy copy unless
specifically desired by the individual preparing the letter.

Copy Furnished:
RD, PROs
D, NSUs

MEMORANDUM CIRCULARS

Also termed as MC in government offices, Memorandum Circulars have subjects that


explain or classify rules and regulations for subordinates to comply.

CIRCULARS

These are administrative instructions which are directory, advisory or informative in


nature, more or less permanent in duration. They deal with subjects such as delegation of
authority to be known by field personnel, implementing instruction or regulations.
These are issued to the uniformed bureaus and local government agencies under the
Department of Interior and Local Government (DILG), e.g., Circular on “Guidelines and
Procedures Regarding the Limited Private Practice of Profession by PNP Members.”

OFFICE CIRCULARS

These are administrative instructions requiring compliance from personnel or office


dealing with subjects like delegation of authority, appointment or assignment of personnel.

OFFICE ORDERS

These are administrative instructions that ere regulatory and mandatory. This order is mainly
for the regulation of administrative matters in the National Headquarters, Regional,
Provincial, and District Offices. These orders usually deal with subjects like personal conduct
requiring compliance.

SPECIAL ORDERS

These are directives signed by the Chief Directorial Staff for the appointment, transfer,
promotion, reduction, relief from duty, separation and leave of absence of personnel.

STANDARD OPERATING PROCEDURE

This is about instructions to be followed on a routinary basis concerning regular procedures,


the chief or the director directs this.

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

(1) SAMPLE STANDARD FORMAT OF A MEMORANDUM

Letterhead

(5 spaces from the last line of the letterhead of the Memorandum line)

MEMORANDUM

(2 spaces)

(1 tab) TO (2 tabs) : (1 tab) DIRECTOR, HRDD

(1 space)

FROM : ACTING CHIEF, PNP

SUBJECT : MEMORANDUM FORMAT TO A SUBORDINATE OFFICE

DATE : November 16, 2009

(1 space)

(1 tab) 1. Reference/s

(2 spaces between paragraphs)

2. Body

3. Action Desired

(5 spaces from the last line of the last paragraph to the signature)

EDZ P LUMASAC
Police Senior Superintendent
Provincial Director

(2) ACTUAL SAMPLE OF MEMORANDUM

Image A

Source:

Photo from Cebu PPO Squad System’s post


in Mobile Uploads
https://www.facebook.com/27255460276
70948/photos/pcb.2732759043616313/2
732758950282989/?type=3&theater

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

Image B

Source:

League of Cities of the Philippines – PNP


Memorandum https://lcp.org.ph/11/322/pnp-
memorandum

https://www.google.com/search?q=PNP+Memo
randum+Circular%2BPNP&tbm=isch&ved=2ah
UKEwi_3Kvr3sn0AhXDYt4KHVNbB3wQ2-
cCegQIABAA&oq=PNP+Memorandum+Circular%2BP
NP&gs_lcp=CgNpbWcQAzoFCAAQgAQ6BggAEAUQH
joICAAQsQMQgwE6CwgAEIAEELEDEIMBOggIABCAB
BCxAzoECAAQAzoFCAAQsQM6BAgAEEM6BwgAELE
DEEM6BggAEAgQHjoECAAQHlDKaFiZugJg88ACaAFw
AHgAgAHQAYgBqyaSAQcxMC4yNy4ymAEAoAEBqgE
LZ3dzLXdpei1pbWewAQDAAQE&sclient=img&ei=rSi
rYf_RBMPF-
QbTtp3gBw&bih=657&biw=1366&rlz=1C1JZAP_enP
H955PH955#imgrc=dIrxz6YBCyEpZM

(3) ACTUAL SAMPLE OF MEMORANDUM CIRCULAR

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

Source:

http://pnppspg.org/index.php/downloads
/94-featured/issuances/116-circular-
2012-015

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

(4) SAMPLE CIRCULAR FROM DILG:

(a)

(b) “GUIDELINES IN THE GRANT


OF THE FY 2017
PERFORMANCE-BASED
BONUS (PBB) FOR DILG-
LOCAL GOVERNMENT (LG)
SECTOR DELIVERY UNITS
AND PERSONNEL”

Kindly visit:
https://www.dilg.gov.ph/PDF_Fil
e/transparency/[01]_dilg_circula
r_no._2018-
05_(with_revised_annexes).compr
essed.pdf

(5) ACTUAL SAMPLE OF OFFICE ORDER (6) ACTUAL SAMPLE OF SPECIAL ORDER

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

(7) SAMPLE SOP:

“SOP Number 2012-004: SOP ON RECOVERED PERSONAL EFFECTS OF VICTIMS”

Kindly visit:
https://didm.pnp.gov.ph/images/Standard%20Operating%20Procedures/SOP%20ON%20R
ECOVERED%20PERSONAL%20EFFECTS%20OF%20VICTIMS.pdf

LEGAL FORMS
Legal forms are prototypes of any documents or forms used in a legal transaction or
judicial proceedings, these contain important matters conveyed in technical terminologies
and presented in a suitable and systematic order in accordance with the circumstances of
any case.
Legal Forms Related to Law Enforcement
1. Sworn Statement (Sworn Declaration)
 It is a document containing facts related to a legal proceeding. The person who
makes the declaration affixes his or her signature in a separate endorsement
paragraph at the end of the document with a statement that the declaration is
made under oath.
 In taking the sworn statement, the police officer should comply with Section 12,
Article III of the 1987 Constitution: That any person under custodial
investigation for the commission of an offense shall have the right to remain silent
and to have a competent and independent counsel. He or she must be provided
with one. These rights cannot be waived except in writing and in the presence of
counsel. No torture, force or violence, threat, intimidation or any means which
influences the free will shall be used against him or her. Secret places, solitary,
incommunicado, or other similar forms of detention are prohibited.
2. Affidavits
 These are types of verified, formal sworn statement of fact signed by an affiant
or author, and witnessed by a notary public. An affidavit is composed of:
 Commencement – this identifies the affiant;
 Individual Averments – these are separate claims that are
numbered as mandated by law;
 Statement of Truth – this is a statement verifying that what
is stated is true under oath;
 Attestation – a clause certifying the oath and the date made
by the affiant; and
 Signature – this is both the signature of the affiant and the
notary public.
3. Inquest Forms
 The Department of Justice issued Department Circular No. 61 on the New Rules
of Inquest. Below are some citations of the Rules related to Inquest.
o Inquest is an informal and summary investigation conducted by a public
prosecutor in criminal case involving persons arrested and detained
without the benefit of a warrant of arrest, issued by the court for the
purpose of determining whether or not the said persons should remain
under custody and correspondingly be charged in court.
o The City or Provincial Prosecutor shall designate the Prosecutors assigned
to inquest duties and shall furnish the Philippine National Police (PNP) a
list of their names and their schedule of assignment. If, however, there is
only one Prosecutor in the area, all inquest cases shall be referred to him
for appropriate action.
o Unless otherwise directed by the City or Provincial Prosecutor, those
assigned to the inquest duties shall discharge their functions during the
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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

hours of their designated assignments, and only be done at the police


stations/headquarters of the PNP in order to expedite and facilitate the
disposition of inquest cases.
o The inquest proceedings shall be considered commenced upon receipt by
the Inquest Officer from the law enforcement authorities of the
complaint/referral documents which should include:
 The affidavit of arrest;
 The investigation report;
 The statement of the complainant and witnesses;
and
 Other supportive evidence gathered by the police
in the course of the latter’s investigation of the
criminal incident involving the arrested or
detained person.
o The Inquest Officer shall, as far as practicable, cause the affidavit of arrest
and statements/affidavits of the complainant and the witnesses to be
subscribed and sworn to before him by the arresting officer and the
affiants. The inquest proceedings must be terminated within the period
prescribed under the provisions of Article 125 of the Revised Penal
Code, as amended.
4. Complaints in Criminal Cases
 It is important that those who will be writing the police report will be familiar
with the forms of complaints in criminal cases, its format, and the standard
headings and captions of cases. The familiarization of these will help him in his
reports, and in any court proceedings. These standard headings and captions
are used in the Supreme Court, Court of Appeals, and Municipal Courts.
 The sample forms of complaints included are Violation of Municipal Ordinance,
Forcible Abduction, Arson, Damage to Property through Reckless Imprudence,
Homicide, and Murder.

(1) Samples of Standard Headings and Captions of Cases:

a. In the Supreme Court b. In the Court of Appeals


REPUBLIC OF THE PHILIPPINES REPUBLIC OF THE PHILIPPINES
SUPREME COURT COURT OF APPEALS
Manila Manila

JOHN D. CRUZ MATT RAMOS


Plaintiff- Appellant Defendant Appellant

--versus-- G.R. NO. L- ___________ --versus-- G.R. NO. ___________

MACTAN ELECTRIC CO., THE PEOPLE OF THE PHILIPPINES


Defendant Appelle Plaintiff- Appelle

c. In the Municipal Court

REPUBLIC OF THE PHILIPPINES


IN THE MUNICIPAL COURT OF ___________
Province of ___________

IN THE MATTER OF THE ADOPTATION


AND CUSTODY OF THE MINOR MARY SPICA
DANIELS,

CHRIS DANIELS
Petitioner

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

Visit the given links to view sample format for:


 Sworn Statement (Narrative): https://www.studocu.com/ph/document/polytechnic-
university-of-the-philippines/bachelor-of-science-in-business-administration/sample-format-
of-sworn-statement-narrative/11763798

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

OFFICIAL NOTICES

1. Summons/Appearance Notice
 official notices telling a person that he/she has to appear in court at a specific
time and place to answer a criminal charge. Usually, a police officer gives the
appearance notice, and a 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 summons is given to a person who has been charged with
an offense.
 In cases where the second paragraph of the appearance notice or summons is
filled out, the addressee have to go to the police station to be fingerprinted and
photographed, if a 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.

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

*PLEB – People’s Law Enforcement Board

2. Subpoena
 an order from the court that requires an individual to be somewhere in person
at a certain place, date, and time to testify as a witness in a case.
 specifically, a subpoena is 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.
 if a person given a subpoena does not appear, some courts have the discretion
to find the person in contempt of court and either order the person’s arrest or
issue fines accordingly.

*From Clerk of Court *From PLEB

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

*Actual Sample of Subpoena

3. Warrant of Arrest
 Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense. It is made by an actual restraint of a
person to be arrested, or by his submission to the custody of the person
making an arrest.

*Sample form of Petition for the Issuance *Sample form of Warrant of Arrest
of Arrest/Search Warrant

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

*Actual Sample of Warrant of arrest

4. Search Warrant
 Search warrant is 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 therein and bring it before the court.
(Rule 216, Section 1 of Criminal Procedure)
 A search warrant is in the nature of a criminal process akin to a writ of discovery.
It is a special and peculiar remedy, and drastic in nature. It is merely a judicial
process designed by the Rules to respond only to an incident in the main case,
if only has already been instituted or in anticipation thereof. (Malalvan vs. Court
of Appeals, 232 SCRA 249)
 The securing of a search warrant is a measure that should be encouraged
earnestly to the end that the police authorities will respect the constitutional and
legal rights of the persons whose premises are to be subjected to search. (People
vs. Go, 237 SCRA 73)

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CDI8 TECHNICAL ENGLISH 2: LEGAL FORMS

Extend your Knowledge


Other forms to be acquainted with:
 Certification of Legally, Peacefully and Orderly Execution of Search Warrant
 Evidence Custodian Report
 Chain of Custody Form
 Certificate of Inventory
 Compliance/Return of Search Warrant Form
 Release Order Form (NPS Form 5)
 Request of Release (NPS Form 6)

References:
Mercado, N. (2011). Technical Report Writing 2: Police report writing. Philippine College of
Criminology – Manila Law College (PCCR-MLC).
Nano, M.C.B. (2014). Technical Report Writing 2 for criminology students. Wiseman’s Books
Trading, Inc.

20 For Educational Purposes ONLY A.Y. 2021-2022

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