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Cards (21)

    • ARREST is the taking of person into custody in order that he may be bound to answer for the commission of an offense.​
  • An  AFFIDAVIT  OF  ARREST  is  generally  filled  out  by  the arresting officer and states the facts and circumstances surrounding an arrest.
  • AFFIDAVITS OF ARRESTING OFFICER​
    • The affidavit may state such facts as the information which led to the arrest and the observations made before and after the arrest occurred.​
  • AFFIDAVITS OF ARRESTING OFFICER​
    • It is a statement given under oath and penalty of perjury. It may also be referred to as an arrest report
  • COMPLAINT AFFIDAVIT​
    • Is a sworn statement prepared by someone who wishes to file a legal complaint. It becomes the basis for the case, providing basic information about the facts of the matter and outlining the nature of the case.​
  • COMPLAINT AFFIDAVIT​
    • Is a statement alleging that a person has committed an offense  in  writing  subscribed  and  sworn  to  before  any prosecutor  or  government  official  authorized  to  administer oath, or, in their absence or unavailability, before a notary public​
  • AFFIDAVIT OF WITNESS​
    • A  witness  is  a  person  with  personal  knowledge  of  a situation or incident. In court cases, witnesses can help parties prove elements of their cases through live testimony, deposition testimony or affidavits.​
  • AFFIDAVIT OF WITNESS​
    • The  witness  writes  out  the  facts  about  which  she  has knowledge that are relevant to the case, signing the document and swearing under penalty of perjury that it is true.​
    In most cases, the witness must sign the affidavit before a notary or officer of the court.​
  • APPLICATION FOR 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.​
  • All application for search warrant shall be approved for filing by the Chief of Office. The application shall indicate   the   following   data   (Revised   PNP Operational Procedure, 2021):​
    • Office applying for the Search warrant​
    • Name of officer-applicant​
    • Name of the subject, if known​
    • Exact address/places to be searched​
    • Specific statement of things/articles to be seized;​
    • Sketch and/or Picture, if available, of the place to be searched​
  • WARRANT OF ARREST​
    It is issued by the court to use in arresting suspect/s. Arrest is the taking of person into custody in order that he may 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.​
  • WARRANT OF ARREST​
    The person of office that cannot that cannot execute warrant :​
    • Clerk of court​
    • Public Prosecutor​
    • Mayor​
  • INQUEST​
    • It is an informal and summary investigation conducted by the Prosecutor in criminal case issued by the court for the purpose  of  determining  whether  or  not  he  should  remain under custody and be charge in court​
  • DURING INQUEST PROCEEDINGS THIS REPORT/DOCUMENT SHALL BE INCLUDED:​
    • AFFIDAVIT OF ARREST​
    • INVESTIGATION REPORT​
    • STATEMENT OF THE COMPLAINANT AND WITNESS​
    • OTHER SUPPORTIVE EVIDENCE GATHERED​
  • OFFICIAL NOTICES​
    1. SUMMONS/APPEARANCE NOTICE​
    • An official notice telling a person that she/he has to appear in court at a specific time and place to answer the criminal charge.​
    • If a person fails to go, a warrant of arrest may be issued​
    1. SUBPOENA​
    • An order in the court that requires someone to testify as a witness. ✓ It is a conditional threat of punishment if they will not appear.​
  • TYPES OF SUBPOENA :​
    1. Subpoena ad testificandum - Orders a person to testify in the court.​
    2. Subpoena ducestecum - Orders a person to bring physical evidence before the court.​
  • DEPOSITION OF WITNESS​
    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.  The  witness being deposed is called the deponent.​
  • CERTIFICATION OF ODERLY SEARCH​
    • It is a document certifying that the search was conducted in accordance with the law.​
  • AFFIDAVIT OF DENIAL FOR NBI CLEARANCE​
    • Affidavit  of  denial  may  be  submitted  to  clear one’s  name when there are other records bearing the  same  name  with  pending  case  or  derogatory information.​
  • APPLICATION/PETITION TO WIRE TAP​
    • Wiretapping  is  the  surreptitious  electronic  monitoring  of telephone,  telegraph,  cellular,  fax  or  internet-based communications.​
    It is achieved either through the placement of a monitoring device informally known as a bug on the wire in question or  through  built-in  mechanism  in  other  communication technologies.​