AFFIDAVIT MAKING

Importance of Affidavits
Preserves evidence States the ultimate facts of the

case Official format for complaints in criminal cases

Format of an Affidavit
REPUBLIC OF THE PHILIPPINES) C I T Y O F CAGAYAN DE ORO ) S.S. COMPLAINT-AFFIDAVIT I, JUAN DELA CRUZ, Filipino, of legal age, single, and a resident of Paradise Village, Lumbia, Cagayan de Oro City, Philippines, after being sworn to in accordance with law, depose and state: 1. That xxxx 2. That xxx 3. That xxx 4. I am therefore executing this Complaint-Affidavit in support of the charges for Violation of _________ against ___________, who may be served with subpoena and other processes of this Honorable Office at his last known address at ______________; IN WITNESS WHEREOF, I have hereunto set my hand this ____day of _______, 2011 at Cagayan de Oro City, Philippines. Juan dela Cruz Complainant SUBSCRIBED AND SWORN to before me this 20TH day of March, 2008 at Cagayan de Oro City, Philippines. I hereby certify that I have examined the Affiant and that I am fully satisfied that he has voluntarily executed and understood the contents of his Complaint-Affidavit.

Subscribing Officer

Parts of an Affidavit
The place where the affidavit is executed: REPUBLIC OF THE PHILIPPINES) C I T Y O F CAGAYAN DE ORO ) S.S. SS is short for scilicet which means in particular

Parts of an Affidavit
CAPTION: COMPLAINT-AFFIDAVIT PERSONAL CIRCUMSTANCES: I, JUAN DELA CRUZ, Filipino, of legal age, single, and a resident of 16-21 St., Nazareth, Cagayan de Oro City, Philippines, after being sworn to in accordance with law, depose and state:

Parts of an Affidavit
BODY OF THE AFFIDAVIT: That xxx That xxx That xxx I am therefore executing this Complaint-Affidavit in support of the charges for Violation of _________ against ___________, who may be served with subpoena and other processes of this Honorable Office at his last known address at ______________;

Parts of an Affidavit
ATTESTATION CLAUSE:

IN WITNESS WHEREOF, I have hereunto set my hand this 5TH day of August, 2010 at Cagayan de Oro City, Philippines. NAME AND SIGNATURE OF AFFIANT: JUAN DELA CRUZ Affiant

Parts of an Affidavit
JURAT: SUBSCRIBED AND SWORN to before me this 5TH day of August, 2010 at Cagayan de Oro City, Philippines. I hereby certify that I have examined the Affiant and that I am fully satisfied that he has voluntarily executed and understood the contents of his ComplaintAffidavit.

Basic considerations - Always include every necessary

elements of the offense; - All qualifying and generic aggravating circumstances which are integral part of the offense; - All matters that are essential to the constitution of the offense such as the ownership of properties; etc.

Basic considerations - Age of the minor complainant; - Avoid using conclusions of law,

must allege ultimate facts, that is, specific averment of every fact or element that constitutes the offense

Basic considerations - Every sworn statement must

contain the what, who, when, where, why (if possible) and how ; - The who is important to determine the parties involved in the reported incident;

Basic considerations - The what and how are

important because it will contain the elements of the specific offenses. In TIP cases, this information can supply the facts to show the punishable act/s, the means of execution and the exploitative purpose; - Ordinarily, the when or the time of commission is relevant

Basic considerations - The where or establishing the

place of the commission or the actual residence of trafficked person at the time of the commission of the crime is important to determine jurisdiction as well as the proper venue for the filing of info - The why will point to the mode used to traffick the victim

Basic considerations Example The term sexual abuse, rape or acts of lasciviousness are conclusions of law, thus the allegation that accused committed sexual abuse on his daughter, either by raping her is not sufficient.

Basic considerations If the allegation states that accused embraced the complainant, held her breasts and kissed her lips, such allegations constitute specific averment of ultimate facts constituting the offense of child abuse under sec. 5 of RA 7610.

THANK

YOU