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!