LEGAL FORMS
MODULE 2
(LAWS AND JURISPRUDENCE)
I. INTRODUCTION:
In conducting a proper and thorough investigation in the
crime scene, it is required that the investigator-on-case
should have a sufficient knowledge in performing his duty.
He must be able to deliver the target output on his case. In
accomplishing his aim, he must exert more efforts in order
to file a case in court in due time. As an aid to his
investigation, the different formats in legal forms provides
the relevant data in support to the case filing. These formats
serves as a tool in accomplishing the necessary document
that an investigator need in the filing of the case in court.
TRAINING GOAL:
At the end of this block of instruction, the
students will be able to know the different legal
forms to be used as a document in support to the
filing of a case in court, the importance of
accomplishing the legal forms in the investigation,
the preparation of the proper format, the required
data and attachments in accomplishing the
different legal forms.
TRAINING OBJECTIVES:
At the end of this lesson, the students will be able to:
Determine on what is the legal form to be used in support
to the investigation and the filing of the case in court.
Know the required data and other attachments in
accomplishing the proper format in legal forms.
Accomplish the proper format in legal forms necessary in
support to the investigation.
Proper preparation of the legal form as a document to be
used in the case folder.
RATIONALE OF THE TRAINING:
Familiarize the investigators the importance of legal
forms in the investigation and the filing of cases in court.
Giving guidance to the participants investigators in
accomplishing the correct format in preparing the different
legal forms.
Help the investigators to immediately identify the
evidences, events and other important occurrence relevant
to the case filed.
II. SESSION
SWORN STATEMENT(Q & A) format
Preliminary statement
Stating the name and address of the affiant
The name of the investigator taking the
statement
The office and address where the statement
is being taken
The name of the witness/s
Question and Answer
Statement of the affiant
Date and time
Signature of the affiant
Signature of the administering officer
Certification of the administering officer
SWORN STATEMENT
(Narrative) format
Caption
Narrative statement
Signature of affiant
Signature of the administering officer
Certification of the administering officer
COMPLAINT SHEET (Carnapping)
Heading
Date
Caption
Name of the suspect/s
Address
Nature of the offense
Place where the offense was committed
Date/Time the offense was committed
Local police unit first reported
Date reported
Witness/s
Brief statement of the complaint
Sketch of the incident
Description of the motor vehicle
Signature of the owner and driver
Duly certified by a counsel
COMPLAINT SHEET (Other crimes)
Caption
Complaint no.
Date
Pertinent data of the complain
Brief facts or narrative of the complaint
Remarks of the receiving officer
Name and signature of the
complainant/informer
Duly subscribed by chief of office/unit
Date/Time of complaint received
Name and signature of receiving officer
BOOKING SHEET AND ARREST REPORT
Heading
Caption
Date
Name of the arrested person
Address/place and date of birth/occupation
Status/sex/weight/height/age/educational
attainment/school address
Identifying marks
Parents name and address
Offense charge
Arresting officer/unit/place of arrest/date &
time
Signature of arrested person
Signature of arresting officer
Fingerprints
INVESTIGATION REPORT
Heading
Memorandum
Address block
Subject of the of the report
Authority
Matters to be investigated
Facts of the case
Investigation findings
Conclusion
Recommendation/Disposition
Signature of the chief of office/unit
RECEIPT/DOCUMENTARY OF PROPERTY SEIZED
Heading
Date
Caption
Items/articles
Quantity/units
Seizing officer
Witness
IMPOUNDING RECEIPT
Description of the motor vehicle
Make, type of motor vehicle
Chassis no./motor no./plate no.
Color/C.R./O.R. no./LTO file no.
Registered owner/address
Conformed by owner/driver/possessor
Violation/s
Signature of apprehending officer/team
leader
Date of impounding
ISSUANCE OF IMPOUNDING RECEIPT
It is being issued to all the motor vehicles
apprehended and under the custody of the
apprehending unit which is an instrument in
the commission of an offense and for turn-
over to the proper agency/office.
SAMPLE FORMAT
Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
DATE
IMPOUNDING RECEIPT
Description of the MV: ____________________________________
Make/Type: ______________________________________________
Chassis no:
_______________________________________________
Motor no: ________________________________________________
Plate no: _________________________________________________
Color: ___________________________________________________
CR/OR no: __________________________________
LTO file no: ___________________________________
Registered owner: ___________________________________
Address: ___________________________________
VIOLATION/S:
1.
2.
3.
Subject MV was apprehended by Anti-Carnapping Operatives of this office for violation/s as stated
above on ______________________ and same was brought to HQS TMG, Camp Crame, Quezon City,
for safekeeping subject for
the investigation/verification and proper disposition.
Note: Subject MV shall only be released upon presentation of its pertinent original documents and
upon notation/approval of the ADI.
APPREHENDING OFFICERS:
Team Leader: _____________
Members: _____________
Conformed:
______________________________________
(Owner/Driver/Possessor)
EVIDENCE CUSTODIAN REPORT
Heading
Caption
Properties, items confiscated
Signature of the evidence custodian
Signature of the witnesses
CUSTODY OF EVIDENCE
As a rule, all seized evidence must be in the
custody of the evidence custodian and
deposited in the evidence room or designated
place for safekeeping.
It is the investigator’s responsibility to
ensure that every precaution is exercised to
preserve physical evidence in the state in
which it was recovered or obtained until it is
released to the evidence custodian.
CHAIN OF CUSTODY
A list of all persons who came into
possession of an item of evidence, continuity
of possession or the chain of custody must
be established whenever evidence is
presented in court as an exhibit.
CHAIN OF CUSTODY
THE CRIME SCENE
Evidence Collector Evidence –
labeling, markings,
evidence log
Crime
Laboratory
Result
Evidence custodian
Court (Subpoena)
Court
EVIDENCE LOG
Is a record of the investigator indicating the
evidence/s found and collected at the crime
scene and subject for documentation/
examination.
SAMPLE FORMAT
Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
RECEIPT OF EVIDENCE CONFISCATED
THIS IS TO CERTIFY that the undersigned receiving Police Officer seized/confiscated the following described
properties/items from the custody and control of _________________________, by virtue of Search Warrant No. ______
Issued by Honorable Judge _____________________, Executive/Presiding Judge of Branch _______ RTC, _______
dated __________________ for violation of ___________________ :
PROPERTIES/ITEMS CONFISCATED:
_______________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________.
SIGNED IN THE PRESENCE OF:
___________________________
___________________________
___________________________
_________________________________
(Evidence Custodian)
CERTIFICATION OF ORDERLY
SEARCH
Heading
Certification of the owner of the establishment
searched
Signature of the witnesses
Signature of the team leader
Jurat
ISSUANCE OF CERTIFICATION
The certification for the orderly search
conducted by the police units shall be signed
voluntarily by the owner of the establishment
with the presence of the witness/s.
In case the owner opted not to sign the
certification, the operating unit will make a
notation or undertake an statement stating
that the owner of the establishment refused
to sign.
SAMPLE FORMAT
Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
CERTIFICATION OF LEGALLY, PEACEFULLY AND ORDERLY EXECUTION OF SEARCH WARRANT:
TO WHOM IT MAY CONCERN:
THIS IS TO CERTIFY that elements of __________________________ stationed at Camp
Crame, Quezon City, have today ______________________________, year conducted Search and
Seizure in my residence/premises located at __________________,
___________________, by virtue of Search Warrant No. _____ issued by Hon. Judge
___________________, Executive/Presiding Judge of Branch _______, RTC, ______ dated
___________________ :
That during the course of the search, they found and recovered the following personal
properties of mine which is the subject of the Search Warrant, to wit;
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________.
I FURTHER CERTIFY that the search was done in peaceful, appropriate and orderly manner and nothing
were taken by the searching party aside from those enumerated above.
__________________________________
(Signature over printed name of owner)
SIGNED IN THE PRESENCE OF:
1.) _______________________________ 2.) ___________________________
(Signature over printed name) (Signature over printed name)
SEARCHING PARTY/TEAM LEADER:
_________________________________________
(Signature over printed name)
SUBSCRIBED AND SWORN to before me this ______ day of _____________20___
at ___________________________________.
______________________________________________
(Administering Officer)
TURN-OVER OF CRIME SCENE FORMAT FROM
FIRST RESPONDER TO INVESTIGATOR
Heading
Caption
Certification on the incident, date of occurrence,
time, place by first responder
State the physical evidence found at the crime
scene, properly secured and preserved
Turn-over by the first responder to
the incoming investigator duly signed.
Receipt by incoming investigator
Signature of witnesses
WHAT ARE THE DUTIES OF THE FIRST RESPONDER IN
THE CRIME SCENE?
To ensure that the physical evidence at the
crime scene is protected and secured
including the crime scene.
Evacuate injured persons to the nearest
hospital.
Prepare to take the dying declaration of
severely injured person.
Stay at the crime scene to assist the
Investigator-on-case in the
maintenance of:
security
crowd control
preservation of evidence and
custody of witness/suspects until such time the
investigation is completed and temporarily
turned over to the local Chief of Police (COP) for
the continuance of the crime security
Shall attend to court duties or answer
inquiries from any investigative body to shed
light and help the IOC in solving the case.
Prevent entry and exit of persons within the
cordoned area.
Make note of names of possible witnesses or
suspects and
Brief the IOC on the situation upon arrival.
SAMPLE FORMAT
Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
TURN-OVER OF CRIME SCENE
_____________ Date
This is to certify that the crime scene (State the particular incident and the date, time,
place of occurrence) was turned over by the first responder to the duty investigator.
This further certifies that all the physical evidence found by the first responder at the
crime scene are properly secured and preserved.
Received by: ________________________________
Time/Date: __________________________________
Turned over by: ______________________________
Time/Date: __________________________________
Witnessed by: ________________________________
ENTRANCE OF SOCO TEAM FORMAT
Heading
Caption
Date of entrance of SOCO
Certification from the investigator stating that the
crime scene is ready for SOCO team, physical
evidence were initially marked and inventoried
and recorded in Investigator’s Evidence Log
Book
Signed by
Investigator/Time/Date
Signed by SOCO
Signature of the witnesses
WHY THE INVESTIGATOR-ON-CASE MAY REQUEST THE
ASSISTANCE OF SOCO?
In cases where the Investigator-on-Case
needs assistance in terms of scientific
approach in investigation and the evidence
gathered needs special processing due to
significant and sensational cases.
SAMPLE FORMAT
Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
ENTRANCE OF SOCO TEAM
__________________________
Date
This is to certify that the crime scene and all the physical evidence (State the particular incident, date, time and place
of occurrence) were presented by the duty investigator to the SOCO Team Leader.
This further certify that all the physical evidence found and initially marked and inventoried by the investigator at the
crime scene are properly listed and recorded in the investigator’s Evidence Log Book.
Received by: __________________
Time/Date: ____________________
Turned over by: ________________
Time/Date:____________________
Witnessed by: _________________
CASE REFERRAL FORMS FOR REGULAR
FILING AND INQUEST
Heading
Addressee, the Hon. Chief State/City Prosecutor
Attn. Duty Inquest Prosecutor
Salutation
Referral of the case, stating the crime committed,
time, place of commission
Complainant, victim, suspect if arrested or
detained
Evidence recovered
Facts of the case, investigation disclosed
Enclosures/attachments:
Subscribed NPS Investigative Data
form
SS of complainant
SS of witnesses
Signed by the Chief of Police/Unit
Chief/Inquest Officer
WHAT IS A COMPLAINT?
A complaint is a sworn written statement
charging a person with an offense,
subscribed by the offended party, any peace
officer or other public officer charged with
the enforcement of the law.
WHAT IS AN INFORMATION?
Information is an accusation in writing
charging a person with an offense, subscribed
by the prosecutor and filed with the court.
WHO MUST PROSECUTE CRIMINAL ACTIONS?
All criminal actions commenced by a complaint or
information shall be prosecuted under the direction and
control of the prosecutor.
However, in Municipal Trial Courts or Municipal Circuit Trial
Courts when the prosecutor assigned thereto or to the case
is not available;
the offended party,
any peace officer,
public officer charged with the enforcement of the law may prosecute the
case.
This authority shall cease upon actual intervention of the
prosecutor or upon elevation of the case to Regional Trial
Court.
SAMPLE FORMAT
Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
The Honorable City Chief Prosecutor Date
Office of the Chief Prosecutor
Justice Hall, ______________
(Attn: Duty Inquest Prosecutor)
Greetings :
I have the honor to refer to your Office, the records of investigation relative to the case of
(Crime), committed at about __________ of __________ at _______________.
COMPLAINANT: (Name, age, nationality, civil status, and current address)
VICTIM: (Name, age, nationality, civil status and current address)
SUSPECT (ARRESTED/DETAINED): (Name, age, nationality, civil status and current address)
EVIDENCE RECOVERED:
FACTS OF THE CASE: Investigation disclosed
ENCLOSURES:
•Subscribed NPS Investigative Data Form
•SS of the complainant
•SS of witness
•Joint affidavit of arrest
•Medico-legal report
•Evidenced recovered
•Death certificate of the victim
•Anatomical sketch of the victim
•Booking and information of the suspect
•And others to be presented.
This case will be presented to you by (Name of Investigator-on-Case) of this Office
during the course of the inquest proceedings. Further, request furnished this Office, a copy of
resolution of the case and other proceedings.
For appropriate action and disposition.
__________________________
(Chief of Police)
APPLICATION FOR SEARCH WARRANT FOR:
Violation of P.D. 1866 as amended
Heading (RTC)
Caption on Application of Search
Particular facts related to the application
Subject of the search, things and place to be
searched
Signature of the applicant
Enclosure/attachments:
• Joint affidavit of surveillance officers
• Sketch of exact location to be searched
• Verification result from FED on the subject
• Verification request from operating unit
and deposition statement of unit chief.
WHAT IS A SEARCH ?
Search is an examination of an individual’s:
• person,
• house/s,
• papers,
• effects,
• other buildings and premises to discover
contraband or evidence to be used in the
prosecution of a criminal action.
WHAT IS A SEARCH WARRANT ?
A 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.
WHO IS AUTHORIZED TO ISSUE A
SEARCH WARRANT ?
Only the Judge of the Court of Justice is
authorized to issue a search warrant upon
determining the probable cause.
WHEN IS THE TIME OF MAKING A
SEARCH?
The warrant must direct that it be served in
the day time, unless the affidavit asserts that
the property is on the person or in the place
ordered to be searched, in which in such
condition, a direction may be inserted that it
be served at any time of the day or night.
WHAT IS THE VALIDITY OF A SEARCH
WARRANT ?
A search warrant shall be valid for ten (10)
days from its date of issue. Thereafter, it
shall be void.
SAMPLE FORMAT
Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch __________, City of ___________
PEOPLE OF THE PHILIPPINES, SEARCH WARRANT NO. _____
Plaintiff, FOR: Violation of Article __, RPC
-versus- (State the Specific Violation)
__________________________,
Respondent
x-------------------------------------------x
APPLICATION FOR SEARCH WARRANT
COMES NOW, the undersigned, __________________________________, presently assigned at
_______________________________________ and having duly sworn to in accordance with the
law do hereby depose and state the following under oath:
That he was informed and verily believes that _________________________
(Name of person to be searched), who may be found at the premises _______________
(Complete address of the place to be searched), is in possession or has in his control a property
(subject of the offense; stolen or embezzled and other proceeds or fruits of the
offense; used or intended to be used as a means of committing an offense), which he is keeping and
concealing in the premises above described.
That the undersigned has verified the report and found it to be a fact and was confirmed to him by
his witnesses, Police Officer ________________, and Police Officer _________________, who were able to
gain entry into the aforementioned premises of the respondent, and has therefore reason to believe that
the search warrant should be issued to enable the undersigned to take possession and bring to this
Court the following described property:
(Complete and detailed description of the property to be seized)
WHEREFORE, the undersigned prays to this Honorable Court to issue a search warrant authorizing him
and or his men or any peace officer to search the premises and if machines are attached to the ground,
padlock the premises described in this application and to seize and to bring to this Honorable Court the
personal property above described to be dealt with the full accord of the law.
City of _______________________________, Philippines _____ day of _________, 20 ____.
Applicant:
RECOMMEND APPROVAL FOR FILING: APPROVED FOR FILING:
_________________________________ ______________________
(Unit head) (Chief of Office)
III. SUMMARY
Atthe end of the lecture and discussion, the
students were able to know the different formats in
legal forms to be accomplished in the filing of the
case in court.
Thestudents learn the prescribed format in
accomplishing the legal forms used.
Realized the significance of such formats in legal
forms in relation to the case filed.
Know the necessary documents and attachments
in the case folder.
The students were able to accomplish a report
during the exercises given.
The students were able to relate and discussed
their actual experiences in the field to the class
that gives an insight in the field of investigation.
QUESTIONS?
END OF PRESENTATION
