Sample of Application for Search Warrant

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURTNATIONAL CAPITAL JUDICIAL REGIONBRANCH ____, MANILA

PEOPLE OF THE PHILIPPINESPlaintiff

SEARCH WARRANT NO._____

-versus- FOR:

x------------------------------------------x

APPLICATION FOR SEARCH WARRANT

The Applicant, ____________________ of the ________________________, ____________________, after having been duly sworn, states:

That on _________., __________ personally appeared to the office of ________________ and reported that SUBJECT OF S.W, located at __________________________________ is engaged in the illegal operation of _______________________________; (See Photos and Sketch as Annex “A”).

That relative to the said information, at around ________, the informer and _________ together with the undersigned conducted investigation and surveillance operation at ___________________, located at _____________________________, __________. The 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;

P R A Y E RWHEREFORE, 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 PhilippinesREGIONAL TRIAL COURT__________________________________Branch ___________, Quezon City

PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO.____Plaintiff

-versus- For

_________________________ _________________________Respondent

x------------------------------------------x

DEPOSITION OF WITNESSES

We, _______________________________ after having been duly sworn to testifies, as follow:

Q- What is your name and other personal circumstance?A- We are_______________ and _________________ both of legal ages, and (civil status) and

presently assigned with the _________________;

Q- Do you know ____________________, the applicant for Search Warrant?A-

Q- Do you know the premises of _____________________________,A-

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: _______________

A-

Q- Do you know who is or who is the person or persons who have or have control of him above-described properties?

A-

Q. How did you know that the said properties are kept in his/her premises which are subject of the offense?

A- 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 PhilippinesMetropolitan Trial Court____________

People of the Philippines Criminal Case No.

vs

Accusedx--------------------------------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 PhilippinesOFFICE OF THE CITY PROSECUTORManila

Related to: ________________ I.S. No. __________________I.S No. ________________ Prosecutor __________________Prosecutor _________________ Date Filed __________________

MEMO OF PRELIMINARY INVESTIGATION

COMPLAINANT/S: RESPONDENT/S1.______________________________ 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 ACTION TAKEN:Supporting document should be submitted.

________________________________ 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_______________________________________________________

________________________ Criminal Case No.____Complainant-Appellant,

-versus- For

_________________________ _________________________Accused-Appellee,

x------------------------------------------x

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__________________________________

_____________________

________________________ Criminal Case No.____Complainant,

-versus- For

_________________________ _________________________Accused.

x------------------------------------------x

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)