Midterms Flashcards
It is a written order of a court or authority consigning a person to jail or prison for detention.
Commitment Order
It is a warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison authorities to receive the convicted offender for service of sentence.
Mittimus
It is a court order that says a person must be kept in custody, usually in a jail or mental institution (justia.com, 2021).
Commitment Order
It is a court document filed by the appellant, which places the court and the other parties on notice of the appellant’s intent to take an appeal from an order or judgment.
Notice of Appeal
The appellant typically files a notice of appeal with the __________, not the appellate court (uk.practical1aw.thomsonreuters.com, n.d.).
trial court
It is a motion that you file when you want the judge to take a second look at a decision that you feel was incorrect (detommasolawgroup.corn, 2016).
Motion for Reconsideration
It shall point out (a) specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions (Par. 3, Sec. 2, Rule 37, Rules of Court).
Motion for Reconsideration
Officers Authorized to Conduct Preliminary Investigations
- Provincial or City Prosecutors and their assistants
- National and Regional State Prosecutors
- Other of officers as may be authorized by law (Sec. 1, Rule 112, Rules of Court, as amended by Administrative Matter No. 05-8-26-SC)
- COMELEC, Ombudsman, and PCGG
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Sec. 1, Rule 112, Rules of Court, as amended by Administrative Matter No. 05-8-26-SC).
Preliminary investigation
Except as provided in Section 6 of this Rule, a preliminary investigation is required to be conducted _________________________________________________________________________________________________________. (1 a) (Sec. 1, Rule 112, Rules of Court, as amended b Administrative Matter No. 05-8-26-SC).
before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine
It is a witness’s sworn out-of-court testimony.
deposition
It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial.
Deposition of Witness
The witness being deposed is called the _________.
“deponent”
Rule 23 & 24 of 2019 Amendments to the Rules of Court
Deposition of Witness
It is a document declaring the loss of a security usually through theft or destruction. The affidavit contains all the details regarding the loss, such as the owner’s name and any information pertaining to the security. That information may include a serial number or the security’s date of issue (Kenton, 2022).
Affidavit of Loss
It is a sworn statement made under oath declaring the loss of an item or property, usually with the expressed intention to request a replacement of the lost item.
affidavit of loss
This affidavit is voluntarily executed in order to attest to the truthfulness of the foregoing narration of facts and undertaking under pam of administrative, criminal and civil liabilities, and for whatever legal purpose it may serve (psa.gov.ph, n.d.).
Affidavit of Undertaking
It may be submitted to clear one’s name when there are other records bearing the same name with pending case or derogatory information.
Affidavit of Denial for NBI Clearance
It is is an affidavit filed by the respondent in reply to a petition.
Counter affidavit
It is an affidavit made in opposition to one already made. This is allowed in the preliminary examination of some cases.
Counter Affidavit
After filing your Complaint-Affidavit, the Office of the City Prosecutor will issue a subpoena against the accused, requiring him to appear on a certain date and time to submit his Counter-Affidavit. Thereafter, you may file a Reply-Affidavit to controvert the new issues he raised. In the same vein, the accused may file a Rejoinder-Affidavit.
This process is known as _____________________.
preliminary investigation
It is the response by the petitioner to the counter affidavit filed by the respondent.
Rejoinder Affidavit
In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an ____________________.
actionable document
Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the ___________ as an exhibit, which shall be deemed to be a part of the pleading (Sec. 7, Rule 8, 2019 Amendments to the Rules of Court).
pleading
It can be defined as an affidavit served in court proceedings in which a deponent responds to another party’s evidence where that party’s evidence was itself in response to evidence served by the party serving the reply affidavit (affidavits.info, 2014).
Reply Affidavit
Its purpose is simply to rebut or answer matters raised for the first time in the affidavits to which the replies are made.
Reply Affidavit
A plaintiff cannot “save” matters from its initial affidavits (its “affidavits in chief”) and then put those matters in affidavits in reply (affidavits.info, 2014).
This is known as _________________________.
impermissibly “splitting the case”
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an __________________________.
amended or supplemental complaint
In the event of an actionable document attached to the reply, the defendant may file a ____________ if the same is based solely on an actionable document (Sec. 10, Rule 6, 2019 Amendments to the Rules of Court).
rejoinder
It is a written statement under oath by the complainant saying that he/she is no longer interested in pursuing a complaint or criminal case against another person (legaltree.ph, 2019).
Affidavit of Desistance
The decision to dismiss the complaint or criminal case ultimately lies with the _____________________ or the ________.
investigating officer; judge
It is the surreptitious electronic monitoring of telephone, telegraph, cellular, fax or Internet-based communications.
Wiretapping
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 mechanisms in other communication technologies.
Wiretapping
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 mechanisms in other communication technologies.
Wiretapping
Documents to be issued after the Execution of Search Warrant
- Receipt for Property Seized
- Certification of Orderly Search
- Compliance/Return of Search Warrant with Verification
It is a document certifying that the search was conducted in accordance with law.
Certification of Orderly Search
The police officer who confiscates property under the warrant shall issue a detailed _______________________ to the lawful occupant of the premises.
receipt of property seized
It is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court (Sec. 1, Rule 126, RoC).
search warrant
All applications for Search Warrant shall be approved for filing by the ______________.
Chief of Office
The application for search warrant shall indicate the following data…
- Office applying for the search warrant
- Name of officer-applicant
- Name of the subject, if known
- Exact address/place(s) to be searched
- Specific statement of things/articles to be seized
- Sketch and/or Picture, if available, of the place to be searched
It is a person with personal knowledge of a situation or incident (Alvarez, 2023).
witness
It 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 violated (Sec. 3, Rule 1 10, RoC).
complaint
It is a concise statement of the ultimate facts constituting the plaintiff’s cause or causes of action (PNP Criminal Investigation Manual, 2011).
Complaint
It 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 (McMahon, 2022).
complaint affidavit
It is the taking of a person into custody in order thathe may be bound to answer for the commission of anoffense (Sec. 1, Rule 113, Rules of Court).
Arrest
This is generally filled out by the arresting officer and states the facts as the information which led to the arrest and the observations made before and after the arrest occurred (Alvarez, 2023).
affidavit of arrest
Affidavit of arrest may also be referred to as ________________.
arrest report
It is a voluntary sworn declaration of written facts.
It is sworn before a notary or other officers entitled to administer an oath or take acknowledgement (Suarez, 2019).
Affidavit
It is the person making the sworn statement.
Affiant
An affidavit is only valid when made _____________ and ___________________ (legalnature.com, 2022).
voluntarily; without coercion
Elements in Writing an Affidavit
- A written oath representing the facts as sworn to by the affiant
- The signature of the affiant
- The attestation by an officer authorized to administer the oath that the affidavit was actually sworn by the affiant in the presence of that officer
An affidavit is not a “lawful Affidavit” if…
- the affidavit is signed outside the presence of an officer, or
- no oath is administered (affidavits.uslegal.com, n.d.).
If in the first person, the document’s component parts are (Ateneo Law School, 2009)…
- A commencement which identifies the affiant;
- The individual averments, almost always numbered as mandated by law, each one making a separate claim;
- A conclusion generally stating that everything is true, under penalty of perjury, fine or imprisonment; and
- An attestation, usually a jurat, at the end certifying the affiant made an oath and the date.
Parts of Affidavit (Suarez, 2019)
- Venue
- Body
- Signature of the affiant and the Jurat
It is that part of an affidavit in which the officer certifies that the instrument was sworn to before him.
Jurat
It is used to particularize a general statement.
Scilicet/Subscipsi (SS)
“SS” literally means _______________.
“more particularly”
Essential Parts of an Affidavit (Caluntad-Dabu & Dabu-Pepito, 2021)
- Venue or place where it is made
- Name, status, citizenship and address of the affiant
- A statement that the affiant had been duly sworn to
- The matters or facts that the affiant declared and sworn to
- Signature of the attaint
- Jurat
- Signature and seal of the Notary Public and other required information
Legal Implication of Affidavit (Legal Impact of Notarized Documents, May 11, 2016)
- A private document becomes public once it is notarized.
- Notarization is a good proof of authenticity of the document.
- The document becomes admissible as evidence in court.
- Notarization also prevents fraud in drafting documents/declaring statements.
Lying under oath is punishable under the Revised Penal Code of the Philippines as the crime of ____________.
Perjury
It is committed by any person who shall knowingly make untruthful statements or make an affidavit, upon any material matter and required by law (ndvlaw.com, n.d.).
crime of perjury
The penalty of _____________ in its _________________ shall be imposed upon any person who, knowingly making untruthful statements and not being included the provisions of the next preceding articles, shall testify under oath, make an affidavit, upon any material matter before competent person authorized administer an oath in cases in which the law so requires.
prision mayor; minimum period
Elements of the Crime of Perjury
- That the accused made a statement under oath or executed an affidavit upon a material matter;
- That the statement under or affidavit was made before a competent officer, authorized to receive and administer oath;
- That in the statement or affidavit, the accused made a willful and deliberate assertion of falsehood; and
- That the sworn statement or affidavit containing the falsity is required by law or made for a legal purpose (Monfort III vs. Salvatierra, 517 SCRA 447, G.R. No. 168301, March 5, 2007).
