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BICOL COLLEGE
College of Criminal Justice Education
Cor. J.P Rizal & RF Tabuena Sts
Sagpon, Daraga, Albay

COMPILATION OF
AFFIDAVITS
(FINALS)
TECHNICAL ENGLISH 2
(LEGAL FORMS)
CDI8CRM-J

SUBMITTED BY: ZAMORA EARL VINCE - BLOCK- J

SUBMITTED TO: PROF. MARIA BERNARDA L. TRINIDAD

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TABLE OF CONTENTS

WHAT IS AFFIDAVIT, ITS ELEMENTS, PARTS, LEGAL APPLICATION OF AN AFFIDAVIT, AND

LEGAL CONSEQUENCES OF FALSE OR UNTRUTHFUL FACTS IN AN AFFIDAVIT

(ALIPIO, JUSTINE B., ALMAYDA, MARK JAY, ADEL, LOID, BONGOS, ANGELA
MAE)………………………………………………………………………………………….……….....…………3

APPLICATION OR PETITION FOR WIRE- TAPPING

(PEREZ, MAIDEN S. & BITANCOR JOHN BERNIE)……………………………………….…….…………11

COUNTER AFFIDAVIT

(GRAVITO, JOHN ALLEN M. & JACOB, CARLITO JR. B)….……………………………………..………..12

AFFIDAVIT OF UNDERTAKING

(MALTO JR. REYNALDO D. & MEDINA JODEL EDGAR L)

……………………………………………………….……………………………….….……………….…..……18

PETITION/APPLICATION FOR COMPULSORY CONFINEMENT FOR DRUG DEPENDENT

(VERGARA JOHN MARK & VELITARIO, JOSH

REY)……………………………………………………………………………………………………….………24

AFFIVAVIT OF DISISTANCE

(TORRES, MARIA, THERESA MAE & KERVIN, CUACHIN)……………………………………….……….29

DISPOSITION OF WITNESS

( NIPAS, JOHN CHRISTOPHER & NAVIA, PETER

Ll.)……………………………………………………………………………….……………………………….…31

PETITION/APPLICATION FOR VOLUNTARY CONFINEMENT FOR DRUG DEPENDENT

(ZAMORA, EARL VINCE L)……………………………………………………………………………………..33

PRELIMINARY INVESTIGATION

(NUNEZ, KHEL ASTRO)…………………………………………………………………………………………37

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SUMMARY OF TOPIC REPORT

TOPIC REPORTER
• WHAT IS AFFIDAVIT ALMAYDA, MARK JAY

• ELEMENTS OF AFFIDAVIT ADEL, LOID

• PARTS OF WRITING AFFIDAVIT BONGOS, ANGELA MAE

•

• LEGAL APPLICATION OF AN AFFIDAVIT ALIPIO, JUSTINE B.

• LEGAL CONSEQUENCES OF FALSE OR
UNTRUTHFUL FACTS IN AN AFFIDAVIT

OBJECTIVES:

1. Define an Affidavit:

• Understand what an affidavit is

• Explore the role of affidavits in various legal context.

2. Identify the Elements of an Affidavit:

• Describe the essential components that constitute a valid affidavit.

• Discuss the necessity of elements such as the oath or affirmation, the statement
of truth, and the role of the person making the affidavit (affiant).
3. Outline the Parts of Writing an Affidavit:

• Detailed the structural components of an affidavit.

• Explain each part and convey clear and precise information in a legally
acceptable format.
4. Examine the Legal Application of an Affidavit:

• Identify legal scenarios where affidavits are used.

5. Discuss the legal consequences of false facts in an affidavit:

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• Analyze the potential criminal charges of perjury that can arise from knowingly
making false statement in an affidavit.
• Explore the civil liabilities and other legal repercussions that can result from
untruthful affidavits, affecting not only the case at hand but also the credibility and
professional integrity of an affiant.

What is affidavit?

An affidavit is a sworn declaration made outside of court before a notary public or

other court officer stating that certain facts are accurate to the best of the witness's
knowledge. To prepare for a trial, both plaintiff/prosecution and defense witnesses
typically provide affidavits.

Using an affidavit signifies that you state that the data provided is accurate
and truthful to the best of your understanding. An affidavit can only be
accepted voluntarily and without being forced, just like when taking an oath in
court.
Several types of cases require an affidavit, while in other situations it may be
voluntary. Whether you need to verify a marriage, claim assets or property,
verify the domicile of a recently deceased person, or make a formal statement
as a witness in court hearings.

Some common types of affidavits include:

Court affidavits- A formal written statement of facts voluntarily provided

under oath by the attorney, a public official such as a notary public, or
someone else allowed to do so is called an affidavit. It will be used in court to
support the truthfulness of a certain claim.
Self-proving will affidavit- A self-proving affidavit is a legally binding
declaration confirming to a will's validity. A self-proving affidavit can expedite
the probate procedure and eliminate the need for witness testimony in court,
however it is not necessary.
Affidavit of power of attorney- An affidavit for power of attorney is a
document that verifies that you have granted someone the legal authority to
act on your behalf.
Financial affidavit- A sworn and notarized declaration of your assets,
income, expenses, and debts is called a financial affidavit. It helps a court
determine how much child support and spousal support to award in legal
processes like divorce. In addition to being used to attest to a person's current
financial situation, the document is frequently utilized in other contexts, such
as family law issues or the application process for new credit or loans.

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Affidavit of lost document- An Affidavit of Loss is a legal document that details the
circumstances surrounding the loss of an item, typically a document like a passport,
driver's license, identity card, or paperwork connected to vehicle registration.

ELEMENTS OF AFFIDAVIT
1. A statement that the affiant is swearing under oath to the truthfulness of the
information contained in the affidavit.
2. The information that is being sworn to.
3. The signature of the affiant.
4. The attestation of a notary public or other official authorized to administer oaths.
5. The declaration should be made by a legal person.
6. Contents of the affidavit should relate and connect with the said facts of the case,
7. The declaration must be in writing.
8. The language of the said declaration must be in the first person.
9. The affidavit must be signed or affirmed, before a magistrate or other authorized
and appropriate officer.

PARTS OF WRITING AFFIDAVIT

An Affidavit is a statement jotted down into a paper, signed by the person executing
the same (we call that person affiant), and sworn before a person authorized by law
to administer oaths (usually a Notary Public). Another term for an Affidavit is Sworn
Statement and lying under oath will make you criminally liable for perjury.

An affiant must have personal knowledge of the facts which he/she states. The
affiant cannot testify regarding things he/she just heard (hearsay statements) and
has no first-hand knowledge of, save for some exceptions under the Revised Rules
of Evidence in the Rules of Court.

Now that we are done with the definition, we proceed with the parts.

1. The Header/Venue

Usually seen on the upper left of an Affidavit, it appears like this.

Republic of the Philippines)

Quezon City ) S.S.

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S.S. stands for SCILICET but its actual abbreviation is S.C. However, it has become
commonly mis-abbreviated to S.S. in most Affidavits in the Philippines. SCILICET
means "to wit; namely; particularly in". Hence the above is understood to mean,
"Republic of the Philippines namely/particularly in Quezon City".

As you can see this part of an Affidavit also refers to the venue where the same was
executed. It also indicates the jurisdiction within which the notary public may
administer oaths.

2. The Title

The common title of an Affidavit is Affidavit (Sinumpaang Salaysay) or if there are

two or more affiants, Joint Affidavit (Sama-samang Sinumpaang Salaysay).
However, there are some Affidavits which have been designated with a name such
as Affidavit of Loss, Affidavit of Quitclaim and Affidavit of Identity.

The title indicates what kind of legal form it is; it is aligned at the center of the
document.

Affidavit of Loss

3. The Body

The body is the majority of the affidavit. It can still be divided into two sub-parts.

A. Opening Statement of Personal Circumstances

An Opening Statement where the affiant states his name, nationality, civil status,
of legal age or not, his residential address, and that he has been sworn to in
accordance with law.

I, FRANCISCO A. BERGOLIO, Filipino, single, of legal age and currently residing at

No. 7, Taft Avenue, Manila Philippines, after having sworn to in accordance with the
law, hereby depose and state that:

B. The Statement of Facts

Here you simply narrate the facts. You divide them by paragraphs and arrange
the paragraphs with numbers or letters. The important thing here is that you narrate
facts and not conclusions and that you do it with personal knowledge and in the
most accurate way possible.

1. I am a Filipino-Italian citizen working in the depressed areas of Payatas since

2008;

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2. On 08 March 2021, I was assisting in the daily mass, when armed men from the
5th Infantry Brigade of the Philippine Army barged into the chapel;

3. The following day, 09 March 2021, while we were having a Parish Pastoral
Council Meeting, random shots were heard outside;

The last paragraph can state the purpose of the affidavit but can also vary.

I attest to the truth of the foregoing facts and for whatever legal purpose this Affidavit
may serve.

I attest to the truth of the foregoing and for the purpose of filing a criminal case for
grave coercion against Sgt. Henrietta Euqor of thePhilippine Army.

4. Signature of the Affiant

This is placed after the body and where the affiant signs his name. It can appear
like this.

The official signature of the affiant must be placed over his name. If the affiant is
illiterate, a thumbmark will suffice

IN WITNESS WHEREOF, I have set my hand this 11th day of March 2021 in Quezon
City, Philippines.

(Signed)
FRANCISCO A. BERGOLIO
Affiant

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5. Jurat

The last part of an Affidavit is a jurat. It is part of the Affidavit where the notarial
officer indicates that the affiant has subscribed and sworn to in his presence and that
the latter has shown a proof of his/her identity to the former. Furthermore, this part is
where the notarial officer affixes his seal and signature, notarial information, and the
record details of the Affidavit.

A Competent Evidence of Identity or its photocopy must be shown to the notary

Public. The 2004 Rules on Notarial Practice lists what are“competent evidence of
identity” or the identification of an individual based on at least one current
identification document issued by an official agency bearing the photograph and
signature of the individual (SSS ID, GSIS ID, Driver’s License, Passport, TIN ID,
PhilHealth ID, Pag-big ID. A community tax Certificate (CTC) or cedula is no longer
acceptable.

SUBSCRIBED AND SWORN to before me this 13th of December 2015, affiant

exhibiting hisCompetent Evidence of Identity - Driver'sLicense No. N0-21-18734
valid until 15 April 2028 and issued in Makati City, Philippines.

JUAN PAULO BENEDICTO

Notary Public
5/F Ruby Tower, Diliman, Quezon City
SC Roll No. 98763
IBP No. 30896/04-01-2021/Tawi-Tawi
PTR No. 487563/01-23-2021/Quezon City
NP No. 630/2021-2022
Notary Public – Quezon City
Until 31 December 2022

Doc. No. 79;

Page No. 34;
Book No. XV;
Series of 2021
(Notarial seal embossed for the above

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LEGAL APPLICATION OF AFFFIDAVIT

1. EVIDENCE IN COURT- affidavits are commonly used in legal proceedings as

evidence when a witness cannot be present to testify in person. They must be sworn
or affirmed to be truthful by the declarant in front of a legal authority, such as a
notary public or commissioner of oaths.
2. LEGAL TRANSACTION AND REGISTRATION -in various legal transactions,
such as property transfer or vehicle registrations, affidavits serve to affirm the truth of
certain information provided by a party to the transaction.
3. FAMILY LAW MATTERS - They are used in family law cases to provide evidence
in matters like child custody, divorce proceedings, and spousal support, offering
detailed accounts that can influence a court's decision.
4. IMMIGRATION PROCEDURES - Affidavits are used in immigration cases to
prove the bona fides of a relationship or to support applications for visas, asylum, or
residency, where the affidavit can provide personal testimony about the applicant's
situation.
5. DEBT AND ESTATE SETTLEMENTS - In the process of the settling debts or
distributing an estate, an affidavit might be required to attest to identify of heirs, the
authenticity of a will, or the absence of debts.
6. PERSONAL IDENTIFICATION - In some cases, an affidavit can be used to verify
the identity of an individual, especially in situations where other forms of
identification are lost or unavailable.
7. SWORN DECLARATIONS - Beyond formal court settings, affidavits can also be
used for any situation requiring a sworn declaration of facts, such as insurance
claims, where the claimant must affirm the truth of the claim.

LEGAL CONSEQUENCES OF FALSE OR UNTRUTHFUL FACTS IN AN

AFFIDAVIT
1. PERJURY-This is the most serious consequences and involves deliberately lying
under oath. Perjury is a criminal offense, and if someone is found guilty of perjury,
they could face fines, criminal charges, and potentially prison time, depending on the
jurisdiction and the severity of the falsehood.
2. CONTEMPT OF COURT - If the court determines that the person knowingly
provided false information in an affidavit to interfere with the judicial process, it may
charge them with contempt of court. This can also lead to fines or jail time.

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3. CIVIL LIABILITY - If false statements in an affidavit cause harm or financial loss

to others, the person who made those statements might be sued for damages in civil
lawsuit.
4. UNDERMINING THE CASE - Besides legal penalties, false statements can
severely damage the credibility of the case in which the affidavit is presented. If key
evidence is shown to be false, it can lead to dismissal of the case or adversely affect
the outcome for the party that party that presented the affidavit.
5.LOSS PROFESSIONAL LICENSES - If the individual who made the false
statement is a licensed professional, such as lawyer, doctor, or notary, they could
face disciplinary actions including suspension or revocation of their professional
license.

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APPLICATION/PETITION TO WIRETAPPING
Wiretap
• An act of using a listening device to conduct surveillance, typically over a phone
line.

RA NO. 4200
“An act to prohibit and penalize wire- tapping and other related violations of the
privacy of communication, and for other purposes”

SECTION 1. AUTHORIZATION FOR SURVEILLANCE

An order from the Court of Appeals (CA) must be secured first before law enforcers can
conduct surveillance activities such as wiretapping, intercepting and recording private
conversations of suspected terrorist groups or individuals, according to the Supreme
Court (SC).
Surveillance orders can be effective for as long as 60 calendar days and can be
extended to 30 more days if a motion for extension has been filed.
Arrest, detention
Suspected members of terrorist groups and individuals who are arrested without judicial
warrants cannot be detained for more than 36 hours from the time of arrest without
written authority from the ATC.
Meanwhile, law enforcers may request from the ATC to extend the detention to up to 14
days. Before the lapse of the extension however, the ATC, through the Department of
Justice (DOJ), should file before the regional trial court (RTC) a motion for extension of
detention of the suspected terrorist to not more than 10 days
The motion should contain the justification for the continued detention of a suspect. If
the RTC finds no evidence for further detention, the detained suspected terrorist should
be released immediately.

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GROUP 11: JACOB, CARLITO JR. B.

GRAVITO, JOHN ALLEN M.
BLOCK- J

COUNTER AFFIDAVIT
CONTENTS:
Definition of Counter Affidavit
Key Parts
Purpose
Who can issue Counter Affidavit
Importance

I. DEFINITION
COUNTER AFFIDAVIT

A counter affidavit is a legal document filed in response to an affidavit. An affidavit

is a written statement made under oath, typically used as evidence in court
proceedings. When someone files an affidavit, it means they're providing sworn
testimony about certain facts relevant to a case.

II. KEY PARTS

Title
The document usually begins with a title indicating that it is a counter affidavit. This
helps to identify the nature of the document at a glance.
Introduction
The introduction section often includes basic information about the case, such as the
names of the parties involved, the court or administrative body where the case is being
heard, and the case number.
Identification of Affidavit

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The counter affidavit should clearly identify the affidavit or affidavits to which it is
responding. This may include reference to the date of the original affidavit, the name of
the affiant (the person who made the affidavit), and a brief summary of the key points
made in the affidavit.
Response to Allegations
This is the main body of the counter affidavit, where the party responding to the original
affidavit presents their own version of the facts and addresses the allegations made in
the original affidavit. Each allegation should be addressed separately, with the
responding party providing their own evidence, arguments, or explanations to refute or
challenge the claims made in the original affidavit.
Jurat
Like the original affidavit, a counter affidavit is also typically sworn or affirmed under
oath. This means that the person making the counter affidavit declares, usually at the
end of the document, that the information contained in the affidavit is true and accurate
to the best of their knowledge and belief.
Signature Block
The counter affidavit must be signed by the affiant, who is usually the party or individual
responding to the original affidavit. In some cases, the signature may need to be
notarized or witnessed by a legal authority to authenticate the document.
Date and Place
The counter affidavit should include the date when it was signed and the place where it
was signed.

III. PURPOSE
Challenge Allegations
The counter affidavit allows the opposing party to challenge the truthfulness or
accuracy of the statements made in the original affidavit. It provides a platform for
presenting evidence, arguments, or explanations that contradict or undermine the
claims made by the other party.

Present Contrary Evidence

In addition to simply denying the allegations in the original affidavit, a counter
affidavit can also be used to present contrary evidence or information that supports the
opposing party's position. This might include documents, witness statements, or other
types of evidence that refute the claims made in the original affidavit.

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Defend Against Claims

If the original affidavit contains accusations or claims against the opposing party,
the counter affidavit can be used to defend against those claims and provide a different
perspective on the issues raised in the case.
Shape the Narrative
By filing a counter affidavit, the opposing party can shape the narrative of the
case and present their version of the events or facts in dispute. This can be crucial for
influencing the outcome of the legal proceedings and ensuring that all relevant
information is considered by the court or other decision-making body.
Comply with Legal Procedures
In many legal systems, the rules of procedure require parties to respond to
allegations or evidence presented by the other side. Filing a counter affidavit is often a
necessary step in the litigation process to ensure that both parties have an opportunity
to present their arguments and evidence before a decision is made.

IV. WHO CAN ISSUE COUNTER AFFIDAVIT

Defendants
Individuals or entities against whom legal action has been brought, typically in
civil lawsuits or criminal cases. They may issue a counter affidavit to respond to
allegations made by the plaintiff or prosecution.
Respondents
Refers to parties who are responding to a legal action or petition, often used in
the context of administrative or regulatory proceedings. They may file a counter affidavit
to address the claims made against them.
Plaintiffs
Individuals or entities who initiate a lawsuit by filing a complaint, alleging
wrongdoing by the defendant. While plaintiffs typically file affidavits to support their
claims, they may also need to respond to counter affidavits filed by the defendant.
Complainants
Similar to plaintiffs, complainants initiate legal actions by lodging a formal
complaint, commonly seen in administrative or regulatory matters. They may use
counter affidavits to rebut arguments or evidence presented by the respondent.

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Witnesses
Individuals who have relevant information about the case but are not directly
involved as plaintiffs or defendants. Witnesses may be called upon to submit affidavits
or counter affidavits to provide their testimony or refute claims made by other parties.
Other Parties Named in the Original Affidavit
This category encompasses any additional individuals or entities mentioned in
the original affidavit who may have a stake in the legal proceedings. They may issue
counter affidavits to protect their interests or refute allegations made against them.

V. IMPORTANCE
Ensuring Fairness
By allowing parties to respond to allegations made against them, the counter
affidavit ensures that all sides have an opportunity to present their perspectives and
evidence. This contributes to a fair and balanced adjudication of the case.
Presenting Contrary Evidence
It enables parties to present evidence or arguments that contradict or undermine
the claims made in the original affidavit. This can be essential for defending against
unfounded accusations or providing a different interpretation of the facts.
Shaping the Narrative
The counter affidavit allows parties to shape the narrative of the case by
presenting their version of events and highlighting important facts or context that may
have been overlooked in the original affidavit.
Protecting Rights
Issuing a counter affidavit is a way for parties to protect their legal rights and
interests by responding to allegations that could have serious consequences for them. It
ensures that they have an opportunity to defend themselves and present their case
before a decision is made.
Compliance with Legal Procedures
In many legal systems, the rules of procedure require parties to respond to allegations
or evidence presented by the other side. Filing a counter affidavit is often a necessary
step in the litigation process to comply with these procedural requirements and ensure
that the case proceeds fairly and efficiently.

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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
TALBUGAN CITY

PEDRO PITS NISOLA

Plaintiff,

-versus- IS No. 123

BALMOND C. PATRICK
Respondent

x--------------------------------------------x

COUNTER-AFFIDAVIT

I, Balmond C. Patrick, Filipino, of legal age with address at 12 Land

of Dawn, Phase 3, V&G Subdivision, Talbugan City, after having been
duly sworn to in accordance with law, do hereby depose and state that:

1. I am the respondent in the above-captioned case for slight physical

injuries file by one Pedro Pits Nisola;

2. I admit paragraphs one and two of the complaint that I went to Pedro
Pits Nisola’s house at 7:30 in the morning to borrow his motorcycle as
per our agreement that I am free to use the said vehicle in times of
family emergency;

3. I admit paragraph three of the complaint;

4. I vehemently deny paragraphs four and five. After Pedro Pits Nisola
refused to lend his motorcycle to me, I left to look for another means of
transportation without insisting that he let me borrow the same;

5. I deny paragraph 7. I was informed the following day that Pedro Pits
Nisola got into a fight and sustained physical injuries as a consequence
thereof;

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6. I strongly deny paragraph eight. The Ulupong Tagapamayapa did

not send or give any notice whatsoever of any conciliation proceedings
to me;

7. I am executing this counter-affidavit to attest to the truthfulness of

the foregoing and to refute the allegations of Pedro Pits Nisola.

BALMOND C. PATRICK
Respondent

SUBSCRIBED AND SWORN TO me before me this 30th day of January

2015 in the City of Talbugan. I hereby certify that I have personally examined
the affiant and I am satisfied that he fully understood and voluntarily executed
his affidavit.

MARIA DALIPAY
Assistant City Prosecutor

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GROUP 13: MALTO JR. REYNALDO D.

MEDINA, JODEL EDGAR L.
BLOCK- J

AFFIDAVIT OF UNDERTAKING

CONTENTS

• Definition of affidavit of undertaking, its use or purpose, and its key

parts
• Individuals or entity who can issue an affidavit of undertaking
• Various forms or types of undertaking

I. What is Affidavit of Undertaking

• A sworn statement that should be under oath or affirmation and

voluntarily made by the affiant or deponent.
• A legally binding documents it should contain an offer, acceptance,
consideration, legality, capacity, and intention.
• Formal pledge or promise in order to show the commitment of an
individual (affiant or deponent) or to adhere in specific conditions.
• Witnessed and authenticated by a person legally authorized to do so
(notary public officer or the magistrate)

NOTE: It depends on the jurisdiction and specific purpose of the

document.

FULL DEFINITION:
A sworn statement of formal pledge of promise at the same time a legally
binding document where someone declares under oath or affirmation that they
will do something specific. It is used to formalize commitments in various legal,
contractual, or administrative situations, etc. Ensuring accountability and

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providing a basis for enforcement if needed. It should be witnessed and

authenticated.

II. KEY PARTS OF AN AFFIDAVIT OF UNDERTAKING

▪ TITLE AND INTRODUCTION

Identifies the affiant (person making the affidavit) and may include their personal
details such as name, address, and occupation.
▪ STATEMENT OF OATH
Signifies that the affiant is making the statement under oath or affirmation,
emphasizing the truthfulness and seriousness of the declaration.
▪ BODY OF THE AFFIDAVIT
o Context and Background Information
Briefly provides the necessary background and led to the creation of
the affidavit.
o Specific Undertakings
Clearly outlines the commitment or promises. This section details what
the affiant undertakes to do or refrain from doing or refrain from doing and
under what conditions, if any.
▪ EXECUTION DATE AND PLACE
Indicates where and when the affidavit is being made.
▪ JURAT
This is the section where a notary public or another officer authorized to
administer oaths, certifies that the affiant personally appeared before them,
swore to or affirmed the contents of the affidavit, and signed it in their presence.
▪ SIGNATURE BLOCK
The affiant and the notary public officer must sign the affidavit to validate it
at the same time to make it valid or legal.
▪ ATTACHMENTS OR ANNEXES (if applicable)
Documents that are referenced in the affidavit and are essential to
supporting the affiant’s statements or undertakings may be attached and labeled
as annexes.

III. ITS USE OR PURPOSE

▪ LEGAL PROCEEDINGS
To commit to a certain action or promises.

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▪ CONTRACTUAL AGREEMENTS
To formalized commitments made by one or more parties.
▪ FINANCIAL TRANSACTIONS
Such as loans or mortgages, an affidavit of undertaking may be required
to confirm the barrowers commitment to repay the loan according to the
agreed- upon terms.
▪ ADMINISTRATIVE PROCESSES
Government agencies or other regulatory bodies may require individuals
or organizations to submit Affidavits of Undertaking to demonstrate compliance
with certain regulations or to undertake specific responsibilities.
▪ REAL STATE TRANSACTIONS
Parties may use Affidavits of Undertaking to confirm various aspects of the
transaction, such as disclosing known defects, ensuring compliance with zoning
regulations, or providing assurances regarding property title.
▪ LEGAL REPRESENTATION
Attorneys representing clients in legal matters may use Affidavits of
Undertaking to confirm their authority to act on behalf of their clients and to affirm
their commitment to uphold ethical standards and legal obligations in the
representation.
▪ BAIL AND BOND
In criminal proceedings, individuals seeking release on bail or bond may
be required to submit an Affidavit of Undertaking as part of the bail or bond
process. This affidavit typically includes a promise to appear in court as required
and to comply with any conditions of release set by the court.
▪ SETTLEMENT AGREEMENTS
In negotiated settlements or alternative dispute resolution processes,
parties may use Affidavits of Undertaking to formalize their agreement to specific
terms or conditions. This could include commitments to make payments, transfer
property, or fulfill other obligations as part of the settlement.

IV. Who can issue an AFFIDAVIT OF UNDERTAKING?

Any person who has the legal capacity to enter a binding agreement.
▪ INDIVIDUALS
Any individual who meets the legal requirements (age and mental
capacity)
▪ AUTHORIZED REPRESENTATIVE

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In cases involving businesses, government entities, or other organizations,

an authorized representative may issue an affidavit of undertaking on behalf of
the organization.
▪ LEGAL GUARDIANS OR PARENTS
For minors or individuals who are under legal guardianship due to
incapacity, a parent or legal guardian may issue an affidavit of under taking on
their behalf.

V. VARIOUS FORMS OR TYPES OF UNDERTAKING

LEGAL AND JUDICIAL PROCEEDINGS

▪ Bail bond undertaking
▪ Undertaking to vacate premises

EMPLOYMENT AND BUSINESS

▪ Undertaking for return of company property
▪ Nondisclosure undertaking

IMMIGRATION AND TRAVEL

▪ Undertaking to support a visitor
▪ Undertaking to leave the country

EDUCATIONAL
▪ Undertaking for compliance with school policies
▪ Undertaking for scholarship terms

FINANCIAL TRANSACTIONS
▪ Loan undertaking
▪ Undertaking to pay debt

REGULATORY COMPLIANCE
▪ Environmental compliance undertaking

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AFFIDAVIT OF UNDERTAKING

I, MARIA ANGELA OZAWA, of legal age, Filipino, single, with residence at Navia
Hardware Centro 1, Lasam, Cagayan after having been duly sworn to in accordance
with law, do hereby depose and say:

1. That I am presently enrolled at University of Cagayan Valley- College of Law.

2. That I am currently taking my subjects Natural Resources and Environmental Law

and Agrarian Law and Social Legislation under Atty. Patrick Avila.

3. That I got absent for the past three (3) consecutive meetings in the said subjects for
personal and health reasons, without prior notice to my professor.

4. That I undertake not to get absent any more unless for valid and/or justifiable reason.

5. That in case of breach of this Undertaking, I, willingly and voluntarily face any
possible consequences and/or penalty imposable under the circumstances.

6. That I am executing this affidavit to attest the truth of the foregoing facts.

IN WITNESS WHEREOF, I have hereunto set my hand and affix my signature on

this ____ day of October, 2019, in Tuguegarao City, Cagayan.

MARIA ANGELA OZAWA

Affiant

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SUBSCRIBED AND SWORN to before me, this ____ day of October 2019, in the
City of Tuguegarao, the affiant exhibiting to me her ________________________
issued on __________________ at _________________________.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2019.

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REPORTED BY: VERGARA, JOHN MARK & VELITATIO JOSH REY

BSCRIM3-J

WHAT IS AN PETITION/APPLICATION FOR COMPULSORY CONFINEMENT FOR

DRUG DEPENDENT?

A petition or application for compulsory confinement of a drug-dependent

individual is a legal process by which concerned parties, often including family
members, guardians, or healthcare professionals, seek a court order to require
someone who is drug-dependent to undergo treatment or be confined in a
rehabilitation facility against their will.

WHAT IS THE USE OR PURPOSE OF PETITION/APPLICATION FOR COMPULSORY

CONFINEMENT
OF A DRUG DEPENDENT?

1. Protecting the Individual: In cases where a person’s drug dependency has reached
a point where they are a danger to themselves or others, compulsory confinement can
provide a means of protecting the individual from harm. It removes them from
environments where they may be at risk of further drug abuse or dangerous behaviors
associated with their addiction.
2. Facilitating Treatment: confinement can ensure that individuals receive the
necessary treatment for their drug dependency, even if they are unwilling to seek help
voluntarily. By requiring them to undergo treatment in a rehabilitation facility or similar
setting, it provides an opportunity for intervention and support to address their addiction.
3. Preventing Harm to Others: In situations where a drug-dependent individual’s
behavior poses a risk to others, such as through criminal activity or violent behavior
associated with their addiction, compulsory confinement can help prevent further harm
to society by removing them from the community and addressing the underlying issues

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contributing to their behavior.

4. Promoting Public Safety: By addressing drug dependency through compulsory
confinement and treatment, these petitions aim to contribute to overall public safety by
reducing the incidence of drug-related crimes, accidents, and other negative
consequences associated with addiction.
5. Supporting Rehabilitation and Recovery: The ultimate goal of compulsory
confinement is to support the rehabilitation and recovery of the individual, helping them
overcome their drug dependency and reintegrate into society as productive and healthy
members.

WHAT ARE THE KEY PARTS OF PETITION/APPLICATION FOR COMPULSORY

CONFINEMENT OF A
DRUG DEPENDENT

An application for compulsory confinement for a drug-dependent individual typically

involves several key components. These applications are often submitted to a court or
other legal authority to mandate treatment and confinement due to the individual’s
inability to manage their addiction and the associated risks. Here are the essential parts
of such an application:

1. Applicant Information:
- Name and contact details of the person or agency submitting the application.
- Relationship to the drug-dependent individual (e.g., family member, healthcare
provider, law enforcement officer).
2. Respondent Information:
- Name, age, and contact details of the drug-dependent individual.
- Any known aliases.
3. Background and History:
- Detailed history of the individual’s drug use.

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- Previous attempts at voluntary treatment and their outcomes.

- Any known medical and psychiatric history.
4. Reason for Application:
- Clear and specific reasons for seeking compulsory confinement.
- Evidence of the individual’s inability to control their drug use.
- Instances of dangerous behavior or risk to themselves or others.
- Examples of deteriorating physical and mental health due to drug use.
5. Supporting Evidence:
- Medical reports and evaluations from healthcare professionals.
- Police reports, if applicable, detailing any criminal behavior linked to drug use.
- Testimonies or affidavits from family members, friends, or associates.
- Results of drug tests.
6. Legal Basis:
- Citation of relevant laws or statutes that allow for compulsory confinement.
- Explanation of how the individual meets the legal criteria for compulsory confinement
under these laws.
7. Proposed Treatment Plan:
- Description of the recommended treatment program, including duration and type of
care.
- Details of the facility where the individual is to be confined and treated.
- Outline of post-treatment plans and support mechanisms.
8. Consent and Rights:
- Information on the individual’s rights during the legal process.
- Any attempts made to obtain the individual’s consent for voluntary treatment.
- Details of legal representation for the individual
9. Emergency Situations (if applicable):
- Any immediate actions taken if the individual poses an urgent threat to themselves
or others.

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- Description of any temporary confinement measures already in place.

10. Signatures and Verification:
- Signature of the applicant.
- Verification statement attesting to the truthfulness and accuracy of the information
provided.
- Date of application.
11. Attachments:
- Copies of all supporting documents, such as medical records, police reports, and
witness statements.
- Any additional forms required by the court or legal authority.

WHO CAN ISSUE PETITION OR APPLICATION FOR COMPULSORY CONFINEMENT

OF A DRUG-
DEPENDENT?

1. Family Members or Guardians: Close family members, such as parents,

spouses, or legal guardians, may have the right to petition for the involuntary
commitment of a drug-dependent individual, especially if the person is unable to
make rational decisions due to their addiction.

2. Healthcare Professionals: Mental health professionals, addiction specialists, or

physicians who have evaluated the individual and determined that they pose a
danger to themselves or others due to their drug dependency may initiate the
process for involuntary commitment.
3. Law Enforcement Officers: In some jurisdictions, law enforcement officers may
have the authority to initiate involuntary commitment proceedings if they
encounter a drug-dependent individual who is posing an immediate danger to
themselves or others.
4. Judicial Authorities: In certain cases, a court order may be required for

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involuntary commitment. Judges or other judicial authorities may issue such

orders based on evidence presented by healthcare professionals, family
members, or law enforcement.
5. Social Services Agencies: Government agencies responsible for social
services or child welfare may also have the authority to Initiate involuntary
commitment proceedings, particularly if there are concerns about the safety and
well-being of dependent children due to parental drug abuse.
6. Public Health Authorities: Public health agencies or departments may be
involved in involuntary commitment proceedings, especially in cases where there
is a public health risk associated with the individual’s drug dependency, such as
outbreaks of infectious diseases related to intravenous drug use.

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REPORTED BY: TORRES, MARIA THERESA MAE & CUACHIN, KERVIN

AFFIDAVIT OF DESISTANCE

➢ An Affidavit of Desistance is a written statement under oath by the complainant stating

that he or she is no longer interested in pursuing the complaint or criminal case against
another person. The complainant will no longer assist in prosecuting the other person by
not giving either evidence or testimony.

➢ It is filed before the office or court where the complaint is pending or being investigated.
However, merely filing the Affidavit of Desistance does not automatically dismiss the
complaint or criminal case.

➢ Desistance does not automatically dismiss the complaint or criminal case. The desicion
to dismiss the complaint or criminal case ultimately lies with the investigating officer or
the judge. A complainant may wish to desist from the complaint or criminal case for a
variety of reasons, such as:
● He or she have already amicably settled with the other persons;
● He or she is no longer willing to spend either time or effort in prosecuting the other
person; ● He or she realized that he/she filed a complaint or criminal case against the
wrong person. An Affidavit of Desistance contains the following minimum information:
● The type of entity of the complainant (e.g. individual or business) as well as name and
details (e.g. nationality and address);
● The type of entity against whom the complaint or criminal case was filed (e.g. individual
or business) as well as name and details (e.g. nationality and address); and
● Brief description of the complaint or criminal case (e.g. the crime involved, complaint or
criminal case number, etc.

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Republic of the Philippines )

Province of Isabela ) s. s.

Municipality of Ilagan )

x--------------------------------x

AFFIDAVIT OF DESISTANCE

I, TWINKLE T. BALDONADO, minor, Filipino, single and resident of Brgy. Upi, Gamu, Isabela, assisted
by her mother Estrella Baldonado, after having been duly sworn to accordance with law, hereby depose
and say:

1. That I am the private complainant in Criminal Case No. 5526 entitled “People of the Philippines vs.
Ferdinand Sacasac” for Rape, pending trial before the Regional Trial Court;

2. That considering the length of time I already come into realization that I am no longer interested in the
pursuit of the said case against accused Ferdinand Sacasac who in fact were friends of our family and
wanted to continue the friendship that we have;

3. That I am now desisting in the further prosecution of the case and praying unto this Honorable Court to
immediately recommend the dismissal of the above-mentioned case;

4. That I was never been coerced, forced or intimidated in signing this affidavit of desistance and further
prays for the dismissal of the above-mentioned case of which I am the private complainant.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of January, 2012 at Ilagan, Isabela.

TWINKLE T. BALDONADO
Affiant/Victim

ASSISTED BY:

ESTRELLA BALDONADO

Mother of the Victim

SUBSCRIBED AND SWORN to before me this 19th day of January, 2012 at Ilagan, Isabela

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DEPOSITION OF WITNESS

What is Deposition of Witness

A deposition is a witness’s sworn out-of-court testimony. It is used to gather
information as part of the discovery process and, in limited circumstances, may be used
at trial.

What are the manners of Deposition of Witness

The manner of taking the deposition by the deposition officer is as follows:

1) to put the deponent/witness on oath;
2) to record by stenography the testimony unless the parties agree otherwise;
3) to note the objection of any party;
4) to submit to the deponent the transcribed examination for review and signature, unless
the reading and signing are waived by the witness and the parties; and
5) to enter the changes, if any, in the form or substance desired by the witness/deponent

Key Parts of Deposition of Witness

The disposition of a witness typically involves several key parts, whether in a legal
setting such as a deposition or in the context of gathering witness testimony. Here are the
main components:
1. Identification of the Witness:
- The witness provides their full name, address, occupation, and other personal details
to establish their identity.
2. Oath or Affirmation:
- The witness takes an oath or affirmation to tell the truth. This is a formal promise to
provide truthful testimony.
3. Direct Examination:
- The attorney who called the witness questions them first. This involves asking open-
ended questions to elicit detailed responses that support the case.
4. Cross-Examination:

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- The opposing attorney then questions the witness. These questions are often more
pointed and can be leading, aiming to challenge the witness’s testimony and credibility.
5. Redirect Examination:
- The original attorney may ask additional questions to clarify or expand upon points
raised during cross-examination.
6. Recross Examination:
- The opposing attorney might have another opportunity to question the witness
following the redirect examination, though this is usually more limited in scope.
7. Witness Statement:
- In some cases, the witness provides a written statement before or after their oral
testimony. This document summarizes their account and can be referred to during
questioning.
8. Documentation and Evidence:
- The witness may be asked to authenticate or discuss documents, photographs, or
other pieces of evidence. They may need to explain their connection to the evidence and
its relevance to the case.
9. Adjournment:
- Once all parties have finished questioning the witness, the deposition or testimony is
formally concluded.
10. Review and Signing (Depositions):
- In a deposition, the witness may be given an opportunity to review the transcript of
their testimony and make corrections before signing it.

How do you write a deposition?

It's critical to identify the key witnesses, determine who will be attending the deposition,
and what their role is in the case
How important is the deposition of a witness?
One purpose of a deposition is to preserve the testimony of a witness who may have
relevant information for the case, but who may not be available to testify at trial. This
information can then be used by either party to help prepare for trial or to settle the case

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PETITION/APPLICATION FOR VOLUNTARY CONFINEMENT FOR DRUG

DEPENDENT

What is a Petition/Application for Voluntary Confinement for drug dependent?

A Petition/Application for Voluntary Confinement for Drug Dependent is a legal
document that an individual, typically a person struggling with drug addiction or their
guardian, can file to seek voluntary admission into a drug rehabilitation or treatment
facility. The purpose of this application is to facilitate a structured and supportive
environment where the person can receive necessary treatment for their drug
dependency.
What is the Use or Purpose of Petition/Application for Voluntary Confinement for
drug dependent?

1. Access to Professional Treatment: The petition facilitates admission to a drug

rehabilitation or treatment facility where the individual can receive professional medical
and psychological care tailored to their needs.
2. Structured Environment: It provides a controlled and supportive environment,
essential for individuals to detoxify safely and begin their recovery journey. This
environment helps minimize the triggers and pressures that may contribute to substance
abuse.
3. Legal Protection: Filing the petition through legal channels ensures that the process
is documented and regulated, offering protections for both the individual and the facility.
This legal framework helps safeguard the rights of the individual while ensuring that the
treatment process adheres to regulatory standards.
4. Commitment to Recovery: The formal nature of the petition reflects a commitment to
recovery, either by the individual or their guardians. This formal commitment can be a
crucial step in the recovery process, signaling the seriousness of addressing the
addiction.
5. Family and Community Support: For families and guardians, the petition provides a
legal means to support their loved ones. It helps in situations where the individual might
be resistant to seeking help but acknowledges the necessity of treatment for their well-
being.
6. Reduction of Harm: By providing access to structured treatment, the petition helps
reduce the immediate and long-term harm associated with drug dependency, such as
health complications, legal issues, and social problems.
7. Public Health and Safety: Beyond individual benefits, facilitating voluntary
confinement for treatment contributes to broader public health and safety by addressing

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substance abuse issues that can lead to broader social problems, such as crime and
public health crises.

What are the Key Parts of Petition/Application for Voluntary Confinement for Drug
dependent?
A petition or application for the voluntary confinement of a drug-dependent
individual typically includes several key parts. Here are the essential components:
1) Title of the Petition
-Clearly state that it is a petition or application for voluntary confinement of a drug-
dependent individual.
2) Petitioner Information
• Name
• Address
• Relationship to the drug-dependent individual (if applicable)
3) Respondent Information (Drug-dependent Individual)
• Full name
• Age
• Address
• Other identifying details
4) Statement of Voluntary Nature
-A declaration that the petition is being filed voluntarily by the drug-dependent
individual or by a legal guardian/authorized person on their behalf.
5) Reason for Confinement
-Detailed reasons for requesting voluntary confinement, including:
• History of drug use
• Previous treatments and their outcomes
• Current physical and mental state
• Specific incidents demonstrating the need for confinement
6) Consent of the Drug-dependent Individual

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- If the petition is filed by a legal guardian or another authorized person, there

should be documented consent from the drug-dependent individual (if they are capable
of giving consent).

7) Legal Basis
- Cite relevant laws or regulations that allow for voluntary confinement of a drug-
dependent individual.
8) Proposed Facility for Confinement
- Name and details of the rehabilitation or treatment facility where the individual is
to be confined.
9) Duration of Confinement
-Proposed duration of the confinement and any conditions for its termination.
10) Supporting Documents
• Medical reports
• Psychological evaluations
• Statements from healthcare professionals
• Any other relevant documentation
11) Signature of the Petitioner
-The petition must be signed by the petitioner, attesting to the accuracy and
truthfulness of the information provided.
12) Notarization or Legal Authentication
- Depending on jurisdictional requirements, the petition may need to be notarized
or authenticated by a legal authority.

Who can issue petition or application for Voluntary Confinement for drug-
dependent?
1. The Individual (Self-Referral): The person struggling with drug dependency may
voluntarily seek confinement and treatment.
2. Family Members or Legal Guardians: In cases where the drug-dependent individual
is unable or unwilling to submit the petition themselves, immediate family members or
legal guardians can often submit the petition on their behalf. This is usually allowed if the
individual is a minor or if they are legally incapacitated and unable to make decisions
independently.

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3. Healthcare Professionals: Doctors, psychologists, or other qualified healthcare

providers may recommend and initiate the process based on their professional
assessment of the individual’s condition.
4. Legal Representatives: An attorney or a legal representative may file the petition if
they have been given the authority to act on behalf of the drug-dependent individual. This
is often the case when dealing with adults who have legal representatives due to various
reasons like incapacity or ongoing legal matters.
5. Government or Social Services Agencies: Some regions have specific government
or social services agencies responsible for addressing substance abuse issues. These
agencies can sometimes file petitions for the voluntary confinement of individuals who
require treatment.

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PRELIMINARY INVESTIGATION

PRELIMINARY INVESTIGATION
Is an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and respondent is
probably guilty thereof, and should be held for trial. EXCEPT: (as provided in Sec. 7)
PI is require to be conducted before filing a complaint or information for an offense
where the penalty prescribed by law is at least 4 years, 2 months and 1 day without
regard to the fine.

NATURE OF PRELIMINARY INVESTIGATION

➢ Is generally, INQUISITORIAL and it is often the only means of discovering the
persons who may be reasonably charged with a crime, to enable the prosecutor
to prepare his complaint or information. It is a function that belongs to the
prosecutor.
➢ It is an executive function, although the prosecutor, in the discharge of such
function, is quasi-judicial authority tasked to determine whether or not a criminal
case must be filed in court. Not part of the trial of the criminal action of the court
nor its record be part of the record of the case in the Regional Trial Court.

PURPOSE OF PRELIMINARY INVESTIGATION GENERALLY HAS 3FOLD PURPOSE:

• To inquire concerning the commission of crimes and the connection of accused
with it, in order that he may be informed of the nature and character of the crime
charged against him and if there is probable cause for believing him guilty, that the
state may take the necessary steps to bring him to trial;
• To preserve the evidence and keep the witnesses within the control of the state;
• To determine the amount of bail, if the offense is bailable.

PRINCIPAL PURPOSE OF PI
Is to determine whether a crime has been committed and whether there is
PROBABLE CAUSE to believe that the accused is guilty thereof. It is to secure the
innocent against hasty, malicious, and oppressive prosecution, and to protect him
from an open and public accusation of the crime, from the trouble, expense,
anxiety of a public trial and also to protect the state from useless and expensive
trials. (Salonga vs Cruz Pano)

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RIGHT TO PI
The right of the accused to PI is not a constitutional right but merely a statutory
right. Nonetheless, it is a component part of due process in criminal justice. It is
not a mere formal or technical right but a substantive right that is indispensable
element of the criminal justice system, which may not be treated lightly or ignored.

WHO ARE NOT ENTITLED FOR PRELIMINARY INVESTIGATION GENERAL

RULE:
Penalty prescribed by law is at least 4 years, 2 months and 1 day is ENTITLED for
PI before the complaint or information is filed against him in court. EXAMPLE: Libel
case which penalty is 6 months, 1 day to 6 years (no need for PI) EXCEPTION:
Persons being LAWFULLY ARRESTED (Sec. 7 of Rule 112)

OFFICERS AUTHORIZED TO CONDUCT PI

• Provincial or city prosecutors and their assistants;
Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
• National and Regional state prosecutors and;
• COMELEC Legal Officer
• Solicitor General (if he agrees with the action of the COMELEC)
• The Chief State Prosecutor
• All provincial prosecutors and their assistants
• All city prosecutors and their assistants May be directly filed with them or
endorsed to them by the Commission or its duly authorized representatives
and to prosecute the same

A Legal Officer of the Commission on Election and those deputized—in

connection with the election offense EXCEPTION: those with exclusive authority
under COMELEC — prosecutors and municipal judges have the power to
conduct PI.
However, those that falls under the original jurisdiction of Sandiganbayan shall
TRANSMIT the records for appropriate action.
Moreover, prosecutors and judges cannot dismiss the complaint without prior
written authority) B. Ombudsman, Special Prosecutor and Prosecutor DULY
authorized by the Ombudsman in connection with the offense cognizable by the
Sandiganbayan) Their authority to conduct PI INCLUDES all crimes cognizable by the
proper courts in their respective territorial jurisdiction.

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• RTC Judges have no power to conduct PI. They don’t have the authority
to order specific assistant prosecutor to conduct the PI. COMELEC is
vested with EXCLUSIVE authority to conduct PI on cases involving
violations of election laws, including acts or omission constituting
election frauds, offenses and malpractice. May designate a prosecutor
its DEPUTY who is thus placed under his supervision and control.

INITIATION OF COMPLAINT
• Election offenses may be done MOTO PROPRIO by the:
1. Commission, or
2. 2.upon written complaint by any citizen of the Philippines
3. 3.candidates
4. 4.registered political party
5. 5.coalition of political parties, or
6. 6.organizations under the party-list system or
7. 7.any accredited citizens arms of the Commission.

FORM OF COMPLAINT
A. When not initiated Moto proprio by the Commission, the complaint must be verified
and supported with affidavits and/or other evidences. Moto pro prio complaints
may be signed by the Chairman of the Commission, or the Manager of the Law
Department upon direction of the Chairman, and need not be verified.
B. Can be filed in the Law Department or with the Office of the Registrars, Provincial
Election Supervisors, Regional Election Directors, State Prosecutors, Provincial
Fiscal or City Fiscals, investigation thereof can be delegated to their assistants.

CONDUCT OF PRELIMINARY INVESTIGATION (NO GROUNDS)

complaint, affidavits and the supporting evidence, the investigating officer shall
RECOMMEND DISMISSAL following the procedure prescribed in Sec. 8 [c],
otherwise, he shall issue a subpoena to the respondent attaching the complaint,
affidavit and evidences GRANTING him 10 days from receipt to submit his counter-
affidavit. IF CANNOT BE SUBPOENAED of FAILED to answer, the investigating
officer shall base his resolution on the evidence presented by him by the

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respondent. PI must be terminated within 20 days after the receipt of counter-

affidavit and the resolution shall be made within 5 days thereafter.

CONDUCT OF PRELIMINARY INVESTIGATION GENERAL INVESTIGATORY POWER

OF THE OMBUDSMAN
• The power was granted by the 1987 Constitution to investigate on its own, or on
complaint by any person, any act or omission of any public official, employee,
office, or agency when such act APPEARS TO BE:
➢ Illegal
➢ Unjust
➢ Improper
➢ Inefficient Includes the authority to conduct PI of criminal complaints and to
file in the Sandiganbayan the corresponding criminal information when the
evidences so warrants.

CONDUCT OF PRELIMINARY INVESTIGATION THE POWER OF THE OMBUDSMAN

EXTENDS TO
any illegal act or omission of any public official, whether or not the same is
committed in relation to his office. (not exclusive nut shared to prosecutors) Shared
with PCGG—for cases of ill-gotten wealth and unexplained wealth under EO Nos.
1,2, 14 and 14-, and the state and city prosecutor.

CONDUCT OF PI
The complaint must act in good faith. It is clothed with power to prosecute all
criminal charges within the jurisdiction of the Sandiganbayan but also those within
the jurisdiction of the regular courts as well. (Ombudsman may endorse the same
to deputize the provincial/city prosecutor who has jurisdiction over the case for
proper PI. If the offense is cognizable by the Sandiganbayan, PI will be conducted
pursuant to Rule 11 of the Rules of Procedure to the Office of the Ombudsman.

PROCEDURE IN INVESTIGATION
OMBUDSMAN PROCEDURE:
If the complaint is under oath or is based on official reports, the investigating officer
shall require the complainant or supporting witnesses to execute affidavits to
substantiate the complaint. No motion to dismiss is allowed EXCEPT for lack not
jurisdiction. Neither may a motion for a bill of particulars be entertained. (if the

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respondent desires any matter in the complainants' affidavit to be clarified, the

particularization thereof may be done at the time of questioning (Rule II (f) of the
Ombudsman) procedure “parties shall be afforded with the opportunity to present
BUT WITHOUT THR RIGHT to examine or cross-examine the witness being
questioned.” If in writing, it must be under oath and parties will be furnished thereof.
OMBUDSMAN RE-INVESTIGATION:
after the Ombudsman or the prosecutor has filed the information in court, the
accused may file a “petition for reinvestigation the court which the information is
pending. (If granted, may conduct such re-investigation) It is like an appeal, it
renders the entire case open for review. It is merely a repeat investigation of the
case. New matters or evidence are NOT prerequisite for it, which is simply a
chance for the prosecution or the Office of the Ombudsman to review and
reevaluate its findings and the evidences already submitted. After concluding its
re-investigation, the prosecutor submits his recommendation to the court, either to
move to dismiss the case for insufficiency of evidence or to inform the court that
he finds no reason to reverse his previous findings and the court now proceed to
try the case.

RIGHT OF SPEEDY DISPOSITION

OMBUDSMAN The inordinate delay in the conduct of PI infringed upon their
constitutionally guaranteed right to a speedy disposition of their cases. (Duterte vs
Sandiganbayan) Undue delay of close to 3 years in the termination of the PI in the
light of the circumstances obtaining in that case warranted the dismissal of the car.
(Tatad vs Sandiganbayan) Long delay of the termination of the PI is violative of the
constitutional right of the accused to due process. (Angchangco Jr.)

REMEDY AGAINST OMBUDSMAN RESOLUTION

The law is silent as to the remedy which an aggrieved party may avail against
resolutions of the Ombudsman in criminal or non-administrative case. Hence,
appeal is not available as a remedy because the right to appeal is a statutory
privilege and may be availed of ONLY if there is a statute to that effect. HOWEVER,
an aggrieved party is not without remedy, as he can resort to the SPECIAL CIVIL
ACTION of certiorari under Rule 65.

REMEDY AGAINST PROSECUTOR’S REFUSAL TO INDICT

Where the prosecutor UNREASONABLY refuses to file an information or to include
a person as an accused therein despite the fact that the evidence clearly warrants
such action, the offended party has the following remedies: 1. In case of grave

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abuse of discretion, —-he may file “mandamus” to compel the prosecutor to file
such information. 2. He may lodge a new complaint against the offenders and have
a new examination conducted as required by law. 3. He may institute
administrative charges against the erring prosecutor, or criminal complaint under
Art. 27, of the Civil Code 4. He may secure the appointment of another prosecutor,
5. He may institute another criminal action no double jeopardy involved; 6. Appeal
the ruling of the prosecutor to the Secretary of Justice.

APPEAL TO THE SECRETARY OF JUSTICE (POWER OF CONTROL)

➢ An aggrieved party may appeal by filing a verified petition for review with
the Office of the Secretary, Department of Justice, and by furnishing copies
thereof to the adverse party and the Prosecution Office issuing the appealed
resolution. The petition shall be accompanied by legible duplicate original
or certified true copy of the resolution appealed from together with legible
true copies of the complaint, affidavits/sworn statements and other evidence
submitted by the parties.

➢ The Secretary of Justice may dismiss the petition outright if he finds the
same to be patently without merit or manifestly intended for delay, or when
the issues raised therein are too unsubstantial to require consideration. If
an information has been filed in court pursuant to the appealed resolution,
the petition shall not be given due course if the accused had already been
arraigned. Any arraignment made after the filing of the petition shall not bar
the Secretary of Justice from exercising his power of review.

WAIVER OF THE PI GENERAL RULE

The right to PI is waived when the accused fails to invoke it before or at the time
of entering a plea or arraignment. This rule DOES NOT APPLY when the accused
has actively and consistently demanded a regular PI even before he was charged
in court and where during arraignment, hen refuse to enter a plea because he has
a previous pending case with the appellate court regarding his right to avail of a
regular preliminary investigation. A WAIVER whether express or implied, must be
made in a clear and unequivocal manner.

REMEDY WHERE NO PROBABLE CAUSE-COURT

File a motion to dismiss on such ground or for determination of probable cause
(the judge AFTER review may either call for complainant and the witness
themselves or simply dismiss the case for lack of probable cause) Or if the warrant

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of arrest has been issued by the trial judge, the accused may file a ground of lack
of probable cause.

COURT HAS CONTROL OF CASES ONCE INFORMATION IS FILED RULE

once the criminal complaint or information is filed in court, any disposition thereof
such as dismissal or conviction or acquittal of the accused, rest in the sound
discretion and control of the court. While the prosecutor retains the discretion and
control of the prosecution of the case, he cannot impose his opinion on the court.
The court has the best and sole discretion on what to do with the case. If trial courts
deny the motion of the prosecutor, even when the latter acted upon the instruction
of the Secretary of Justice to dismiss the case for lack of probable cause, the
prosecutor has no choice but to proceed to trial.

WHEN ACCUSED LAWFULLY ARRESTED WITHOUT WARRANT

If arrested without a warrant involving an offense which requires a PI, the complaint
or information may be filed by prosecutor without need of such investigation
PROVIDED an inquest has been conducted in accordance with the existing rules.
In ABSENCE OR UNAVAILABILITY OF INQUEST, complainant may be filed by
the offended party or a peace officer directly with the proper court on the basis of
the affidavit of the offended party or arresting officer or person. BEFORE the
complaint or information is filed, the person arrested may ask for a PI in
accordance with this rule (Rule 112) BUT he must sign a waiver of the provisions
of Article 125 of the Revised Penal Code as amended in the presence of his
counsel. (Delay in the delivery of detained persons to the proper judicial
authorities.)

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