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 kaySPO2 Evangeline R. Villano, PNP, sa loobng tanggapan ng Child Protection Unit-Philippine General Hospital, Taft Avenue, Manila, ngayong ika-11 Hunyotaong 2010, 2:00 ng hapon, sa harap niMarissa 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 kosa EDSA. Anim po 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!