HOW TO PREPARE AN AFFIDAVIT

OR A SWORN STATEMENT
AFFIDAVIT OR SWORN STATEMENT
Is a statement of facts pertaining to
an incident;
Executed by a person having personal
knowledge of the facts s/he is attesting
to; and
Subscribed before a person with
authority to administer oath (e.g.,
fiscal, judge, notary public)
WHO PREPARES IT?
Police,
Lawyer,
Paralegal / community legal
advocate, or
Affiant.
FORMS
Q&A form
Narrative form
PARTS OF A SWORN STATEMENT
1. SS or scilicet
2. Caption
3. Personal circumstances
4. Additional information about affiant
5. Facts of the case before, during &
after the incident
6. Purpose for executing the affidavit
7. Name and signature of affiant
8. Jurat and certification
1. SS or scilicet specifically in this
place
Republika ng Pilipinas)
Lungsod ng Manila ) s.s.
Note: Place where document was
prepared and subscribed to.
PARTS OF A SWORN STATEMENT
2. Caption / Title
Sinumpaang Salaysay
Sinumpaang Salaysay ni Melody Sta.
Maria na kusang loob na ibinigay kay
SPO2 Evangeline R. Villano, PNP, sa loob
ng tanggapan ng Child Protection Unit-
Philippine General Hospital, Taft
Avenue, Manila, ngayong ika-11 Hunyo
taong 2010, 2:00 ng hapon, sa harap ni
Marissa Rosales, social worker.
PARTS OF A SWORN STATEMENT
3. Personal circumstances
Ako, si Melody Sta. Maria, 13 taong
gulang, nakatira sa 123 Tan Go St.,
Tondo, Manila, matapos na manumpa
nang naayon sa batas, ay tapat at
kusang-loob na nagsasabi ng mga
sumusunod:
PARTS OF A SWORN STATEMENT
4. Additional information about
affiant
Name and work of parents
Siblings
Ako po ay anak nina David at Sarah Sta.
Maria. Tricycle driver po ang tatay ko.
Nagtitinda po ng basahan ang nanay ko
sa EDSA. Animpo kaming magkakapatid.
Ako po ang panganay.
PARTS OF A SWORN STATEMENT
5. Facts of the case
In an affidavit, narration of before, during,
and after the incidents
In a sworn statement, answers the
following questions:
Do you know why you are in our office?
Can you tell me what happened?
Who? When? Where?, etc.
Enumerate other evidence
PARTS OF A SWORN STATEMENT
6. Purpose for executing the statement
If affidavit last item
If sworn statement at the
beginning
7. Name and signature of the affiant
PARTS OF A SWORN STATEMENT
8. Jurat and Certification
- If subscribed before a fiscal:
Subscribed and sworn to before me this ___ day of July 2010 at
Manila City. I hereby certify that I personally examined the affiant
and affirm the truth that she voluntarily executed the affidavit and
swore to the truthfulness thereof.
Asst. City Prosecutor
- If before a notary public
Subscribed and sworn to before me this ____ day of July 2010 after
affiant exhibited to me his/her Philippine Passport No. ______ issued
by __________ and will expire on _________.
Notary Public
PARTS OF A SWORN STATEMENT
TIPS IN PREPARING SWORN
STATEMENT
Language:
Must be known to and understood by affiant
Verbatim: Do not supplant with your own
language
Use sub-titles, if necessary
If affiant is a child, remember the
developmental stages.
Information about Affiant
Name: include alias/es
Age: to establish minority
Address: security issue?
Do not give out name and location
of temporary shelter.
TIPS IN PREPARING SWORN
STATEMENT
Identify the alleged perpetrator
If known: name, age, address
If unknown: alias, identifying marks and
last known address
If a public officer or employee, state
position and power relationship to victim
If related by blood or affinity to affiant,
state nature of relationship
TIPS IN PREPARING SWORN
STATEMENT
State the date/s of the incident/s
Prescriptive period
If multiple counts, begin with the most recent
If affiant cannot remember exact date and
time, do not insist.
For children, ask them to recall incidents
that are meaningful to them (e.g.
Christmas, birthday, graduation, etc.) and
work from there.
TIPS IN PREPARING SWORN
STATEMENT
State the place where incident/s
happened
Venue
Only incidents within the territorial
jurisdiction
In DV, mention in passing previous
incidents.
In trafficking, establish the route from
recruiting to transporting, transferring,
harboring, and receiving.
TIPS IN PREPARING SWORN
STATEMENT
Arrange facts sequentially
According to time and place
One idea per number/section
Sub-section, if necessary
Very young children cannot arrange
facts sequentially. So it is up to you how
to ask questions that would help them
tell their stories sequentially.
TIPS IN PREPARING SWORN
STATEMENT
Facts should only be related to the
offense complained of.
Stick to the facts only
Keep them clear and simple
Do not discuss laws and jurisprudence
Remember: Unnecessary information
may expose the affiant to retaliatory suits.
TIPS IN PREPARING SWORN
STATEMENT
Establish the elements of the crime
Example:
Rape vs. statutory rape
Child pornography vs. anti-voyeurism
or combination?
Do not exaggerate.
TIPS IN PREPARING SWORN
STATEMENT
Are there other evidence?
Object soiled clothes, used condom, porno
magazines, sex toys
Corroborative identify eye-witness (current or past
incidents), witnesses to whom affiant disclosed, witnesses
to whom alleged perpetrator uttered prior consistent
statements
Documentary - letters, notes, receipts
Electronic & Digital - SMS, MMS, comments on social
networks
TIPS IN PREPARING SWORN
STATEMENT
Other crucial information
Was there an implied admission of guilt by
alleged perpetrator (e.g., offer of marriage,
monetary & other consideration in kind)?
Are there threats made by alleged
perpetrator?
Is there danger of flight by alleged
perpetrator?
TIPS IN PREPARING SWORN
STATEMENT
KEY POINTS TO
REMEMBER
Keep it clear, simple, and not
flowery;
Is should not be hearsay; and
Do not finalize unless the affiant has
read and reviewed it.
THANK YOU!