Sample of Application for Search Warrant
REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH ____, MANILA PEOPLE OF THE PHILIPPINES Plaintiff SEARCH WARRANT NO ._____
-versus-
FOR:
x------------------------------------------x APPLICATION FOR SEARCH WARRANT
The Applicant, ____________________ of the ________________________, ______________ ____________________, ______, after having having been duly sworn, sworn, states: That on _________., __________ personally appeared to the office of ______________ ________________ __ and reported reported that SUBJECT OF S.W , located at ______________ _____________________ ______________ _____________ ______ is engaged in the illegal operation of ______________ _____________________ ______________ __________; ___; (See Photos and Sketch Sketch as Annex “A”). That relative to the said information, at around ________, the informer and _________ _________ together with the undersigned undersigned conducted conducted investigation investigation and surveillance surveillance operation at ___________________ , located at _____________________________, __________. __________. The undersigned undersigned together with ____________ ____________ and _____________ _____________ inquires to the said office about _______________. That on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal activities). (See photos & sketch and See Attached Calling Card, List of Requirements, Studio Romano Job Order Form & MTC Job Information as Annexes “B” - “C”) (modus operandi). Further, investigation conducted disclosed that _________________________ .
On the ensuing investigation, SUBJECT OF SW , ________________found to be engaged in the operation of illegal activities; That on the said investigation and surveillance operation the undersigned confirmed and believes that SUBJECT OF SW and/or any of its Officer, Agents, employees of _____________________________________, __________ is indeed engaged in ________________________despite the fact that the said office is ________________and is not licensed to __________________. The properties, articles, objects and items which are used and/or intended to be used in the commission of the afore-stated offense in the possession of the SUBJECT OF S.W includes the following: a. Leads b. .... The undersigned has personally verified the report thru surveillance and investigation activities together with _________________ and _______________, to ascertain the veracity thereof and found the same to be true and correct; PRAYER WHEREFORE, the Undersigned respectfully prays:
a. that the Honorable Court include in the Search Warrant and express authority to conduct the raid of the above-mentioned premises at any time of the day or night including SATURDAYS and SUNDAYS considering that these are the days when the customer traffic are at its peak and to break open the premises to be searched should the owner thereof refuse entry in the premises or is absent therein. b. that this Honorable Court cause the immediate issuance of a Search Warrant commanding any Peace Officer to conduct a search on the above-described premises and to seize the above-described items to be dealt with as the law directs; (Date), (Place). ________________ Applicant SUBSCRIBED AND SWORN TO before me this _______ day of _____________, ______ ______________________ Presiding Judge
CERTIFICATION AND VERIFICATION
I, THE UNDERSIGNED, under oath, depose and say that: 1.
I am the applicant in the above-entitled application for Search Warrant;
2.
I personally caused the preparation of the foregoing application for Search Warrant and have read its content and the allegations therein, which are true and correct to my own personal knowledge and belief.
3.
I further certify that (a) I have not therefore commenced or filed any application for a Search Warrant involving the same issues in any court, tribunal or quasi-judicial agency and to the best of my knowledge, no such other application for Search Warrant is pending therein; (b) If there is such other pending Application for Search Warrant, I will therefore inform this Honorable Court of the present status thereof; (c) If I should thereafter learn that the same and similar application for Search Warrant has been filed or its pending , I shall report that fact within five (5) days there from to this Honorable Court, wherein the aforesaid application for Search Warrant has been filed. ____________________ Applicant Date: ___________________
Sample of Deposition of Witness
Republic of the Philippines REGIONAL TRIAL COURT __________________________________ Branch ___________, Quezon City
PEOPLE OF THE PHILIPPINES Plaintiff -versus _________________________ Respondent x------------------------------------------x
SEARCH WARRANT NO.____
For _________________________
DEPOSITION OF W ITNESSES We, _______________________________ after having been duly sworn to testifies, as follow: Q A-
What is your name and other personal circumstance? We are_______________ and _________________ both of legal ages, and (civil status) and presently assigned with the _________________;
Q A-
Do you know ____________________, the applicant for Search Warrant?
Q A-
Do you know the premises of _____________________________,
Q-
Do you have personal knowledge that in said premises the following properties are being kept, being used or intended to be used without proper documents, to wit: _______________
AQ-
Do you know who is or who is the person or persons who have or have control of him abovedescribed properties?
AQ. A-
How did you know that the said properties are kept in his/her premises which are subject of the offense? We conducted discreet surveillance and it was confirmed that ________________ is keeping ___________________ in his/her premises/ residence.
__________________________ Affiant
__________________________ Affiant
SUBSCRIBED AND SWORN to before me this ___________ day of _______________ 1999 at ________________________.
_________________________ Judge
Sample of Complaint
Republic of the Philippines Metropolitan Trial Court ____________
People of the Philippines
Criminal Case No.
vs
Accused x--------------------------------x COMPLAINT
The undersigned, Chief of Police of ___________________, accuses _______________In the municipality of ____________________, province of _____________________________,Philippines, the said accused did then and there, willfully, unlawfully, and feloniously, with malice and aforethought, attacked _______________________ with ________, wounding the latter in the _______________, producing wounds which are necessarily fatal, thereby causing the immediate death of said _____________________________. Contrary to law. ____________, __________________________, 20___.
____________________________ Chief of Police of ______________ SUBSCRIBED AND SWORN before me this _____________th day of ____________ 20___________ in the province of ________________________.
________________________ JUDGE
Sample of Memo for Preliminary Investigation
Republic of the Philippines OFFICE OF THE CITY PROSECUTOR Manila Related to: I.S No. Prosecutor
________________ ________________ _________________
I.S. No. Prosecutor Date Filed
__________________ __________________ __________________
MEMO OF PRELIMINARY INVESTIGATION
COMPLAINANT/S: RESPONDENT/S 1.______________________________ 1. _________________________________ Address: _______________________ Address: ____________________________ 2. _____________________________ 2. __________________________________ _____________________________ __________________________________ 3. _____________________________ 3. __________________________________ _____________________________ __________________________________ CHARGE: 4. __________________________________ ____________________________________________________________________ Place of Commission 5. ___________________________________ ______________________________________________________________________ ______________________________________________________________________ Date ________________ Time ________________(Use back hereof for add, accused) Witness: Name ________________________ Address ____________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ NOTE:1. Has a similar complaint been filed before any other office? (YES OR NO) 2. Is this complaint in the manner of a counter-affidavit? ________(YES OR NO) 3. Are all the above information true and correct _____________(YES OR NO) THE ABOVE SHOULD BE FILLED UP BY COMPLAINANT OR COUNSEL
Investigation on ___________________ Postpone to ________________________ On relation of________________________ ________________________________ (Signature of complainant or counsel)
TAKE NOTE: Sufficient copies of the affidavit ********************************************* Of complainant and witnesses and other Supporting document should be submitted.
ACTION TAKEN: ________________________________ Investigation Prosecutor
IMPORTANT! A complainant shall be required to file his complaint in the form of an affidavit to which must be appended affidavit of witnesses, annexes and other supporting documents. The statements of the complainant and his witnesses, shall be, far as practicable, be sworn to before the investigating Prosecutor. If sworn before any Officer authorized to administer oaths, the administering Officer shall CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. Late resolution given to Stenographer
____________________________
______________________________ Investigating Prosecutor
_____________________________ Stenographer
Sample of Notice of Appeal
Republic of the Philippines __________________________________ _____________________
________________________ Complainant-Appellant, -versus _________________________ Accused-Appellee, x------------------------------------------x
Criminal Case No.____
For _________________________
NOTICE OF APPEAL
COMES NOW the complain by the undersigned attorney and within the reglementary period prescribed by the Rules of Court hereby files this notice of appeal from the judgement of dismissal rendered by ___________________ of ____________ _____________, ______________________, _____________. _______________________________ (Attorney for the Complainant) _______________________________ (Address) Copy hereof received ________ this ___________ day of _________, ________ _______________________________ (Counsel for the Accused)
Sample of Motion for Reconsideration
Republic of the Philippines __________________________________ _____________________
________________________ Complainant, -versus _________________________ Accused. x------------------------------------------x
Criminal Case No.____
For _________________________
MOTION FOR RECONSIDERATION
COMES NOW the complainant by the undersigned attorney and within the reglementary period prescribed by the Rules of Court hereby files this motion for reconsideration from the judgement of rendered by ___________________ of ____________ by virtue of newly found evidence which was not obtained during the trial of this case and if produce will substantially affect the decision of the Honorable Court, to wit:
a. Newly found evidence b. New vital witness
PRAYER
WHEREFORE, it is most respectfully prayed that the instant petition be considered by the Honorable Court and further grant the complaint other relief be granted as shall be deemed just and equitable in the premises _____________, ______________________, _____________.
_______________________________ (Attorney for the Complainant) _______________________________ (Address)
Copy hereof received ________ this ___________ day of _________, ________ _______________________________ (Counsel for the Accused)
______________________________ (Prosecutor on Case)
EXPLANATION (Proof of Service)
_______________________________ (Attorney for the Complainant) _______________________________ (Address)
