ARREST is the taking of person into custody in order that he may be bound to answer for the commission of an offense.
An AFFIDAVITOFARREST 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.
AFFIDAVITSOFARRESTINGOFFICER
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
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
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 :
Subpoena ad testificandum - Orders a person to testify in the court.
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.