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Assessment 4

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0% found this document useful (0 votes)
3 views7 pages

Assessment 4

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Uploaded by

Elliot Deananeas
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

BATANGAS STATE UNIVERSITY

The National Engineering University


ARASOF-Nasugbu Campus
R. Martinez St., Brgy. Bucana, Nasugbu, Batangas, Philippines 4231
Email Address: [Link]@[Link] |Website Address: [Link]
College of Criminal Justice Education

ASSESSMENT #4 AFFIDAVITS IN LAW ENFORCEMENT

Name/s: Juan Miguel M. Alix, Laizell Arroyo, Marielle Jane Martinez

Score:
Year & Section: BSC-2204

Part I: Differentiation and Purpose


Instruction: Based on the lesson discussion (Module 5), complete the table below by
summarizing the core requirements and functions of each affidavit type.

Affidavit Type Who is the Affiant Primary Factual Ultimate Legal


(Signatory)? Content Required Purpose
Affidavit of
Arresting Officers The arresting police The affidavit of arresting To prove the legality of
office who conducted and officer must contain the the arrest that was
executed the affidavit clear, concise facts and made.
under oath. how ,why? The arrest was
made.

Complaint Affidavit
The complaint affidavit To help establish
The complainant or must have clear concise probable cause for the
victim that has personal factual facts that happened filing of information to
knowledge of the facts of showing what crime was the court.
the crime and he/she committed, and it also
swears under oath shows the 5w’sand1h.

Affidavit of Witness
The witness who The affidavit of witness To provide independent
personally heard, saw must have clear concise support of the crime
and experienced the facts that the witness heard, that will help the
crime and swears to them saw, and experienced. prosecutor to
under oath determine probable
cause.
BATANGAS STATE UNIVERSITY
The National Engineering University
ARASOF-Nasugbu Campus
R. Martinez St., Brgy. Bucana, Nasugbu, Batangas, Philippines 4231
Email Address: [Link]@[Link] |Website Address: [Link]
College of Criminal Justice Education

Part II: Analyzing Factual Sufficiency

Scenario: The "TechStop Hub" Heist

Date/Time: October 24, 2025, approximately 10:00 PM – 11:00 PM

Location: TechStop Hub, 123 Rizal Street, Brgy. Poblacion

Involved Parties:

 Complainant/Victim: Maria Santos (Store Owner)


 Suspect: John Smith
 Witness: Pedro Valenzuela (A neighbor walking his dog)
 Arresting Officer: Patrolman Rico Reyes

The Narrative

On the night of October 24, Patrolman Rico Reyes was on a routine foot patrol. At around
10:00 PM, he noticed a man, later identified as John Smith, loitering suspiciously near the
perimeter fence of TechStop Hub. The officer observed him for about thirty minutes until a loud
alarm suddenly triggered.

Simultaneously, Pedro Valenzuela was walking his dog across the street. At 10:30 PM, he saw
John Smith shatter the store’s side window, grab a black bag from the display, and bolt toward a
parked silver sedan. Pedro recognized Smith because he frequently loiters in the neighborhood.

Patrolman Reyes gave chase and apprehended Smith two blocks away. During a search of the
suspect's person, the officer recovered a 9mm firearm tucked into Smith's waistband, which
matched a description provided by a 911 caller earlier that evening.

When the store owner, Maria Santos, arrived, she was distraught. She told Pedro (the witness)
that the silver sedan Smith was running toward actually belonged to her neighbor, Sarah Jones,
who had been seen driving it erratically earlier that week. Maria later filed a complaint, insisting
that Smith be charged with Malicious Mischief under the Revised Penal Code for breaking her
expensive glass window.
BATANGAS STATE UNIVERSITY
The National Engineering University
ARASOF-Nasugbu Campus
R. Martinez St., Brgy. Bucana, Nasugbu, Batangas, Philippines 4231
Email Address: [Link]@[Link] |Website Address: [Link]
College of Criminal Justice Education

Instructions: Review the factual statements below. For each statement, indicate the most
appropriate affidavit it belongs to Affidavit of Arresting Officer, Complaint Affidavit, or
Affidavit of Witnesses (AOA, CA, or AW), and then critique its sufficiency using the criteria: S
(Sufficient/Admissible) or I (Insufficient/Inadmissible) for use in court. Briefly explain your
critique.

Statement Appropriate Sufficiency Justification/Critique


Affidavit (S/I)
(AOA/CA/AW)
1. "I saw the defendant,
whom I recognized as John
Smith, running from the
store at 10:30 PM carrying a
black bag, and I believe he
was stealing."
2. "Upon conducting the
custodial search, I found a
9mm firearm matching the
description given by the
911 caller hidden in the
suspect's waistband."
3. "The victim told me that
the car belonged to her
neighbor, Sarah Jones, and
that Sarah was seen driving
it erratically earlier that
week."
4. "The complainant asserts
that the suspect committed
the crime of Malicious
Mischief, a violation of
Section 123 of the Revised
Penal Code."
5. "I, the arresting officer,
observed the suspect acting
suspiciously near the
BATANGAS STATE UNIVERSITY
The National Engineering University
ARASOF-Nasugbu Campus
R. Martinez St., Brgy. Bucana, Nasugbu, Batangas, Philippines 4231
Email Address: [Link]@[Link] |Website Address: [Link]
College of Criminal Justice Education
Statement Appropriate Sufficiency Justification/Critique
Affidavit (S/I)
(AOA/CA/AW)
perimeter fence for
approximately thirty
minutes before the alarm
sounded."

Part III: Verification and Jurat Essentials (Activity 2 & 3 Review)


Instructions: The Verification section is critical for establishing legal liability (Perjury).
Answer the following questions based on the required legal structure of these documents.

1. What is the specific legal term for the clause immediately preceding the signatures that
formally certifies the affiant was sworn under oath?
 Term:
2. If an Affiant signs a Complaint Affidavit that omits the Verification/Jurat language, but
the facts stated are true, what is the legal consequence for the document's validity?
 Consequence:

3. Rewrite the following common error to make it a legally correct Verification statement
suitable for a Complaint Affidavit:

Incorrect Statement Corrected, Legally Sound Verification Statement


(Common Error)
"I, the affiant, swear
that I tried my best to
tell the truth."
BATANGAS STATE UNIVERSITY
The National Engineering University
ARASOF-Nasugbu Campus
R. Martinez St., Brgy. Bucana, Nasugbu, Batangas, Philippines 4231
Email Address: [Link]@[Link] |Website Address: [Link]
College of Criminal Justice Education

Part IV: Drafting Synthesis Challenge (Activity 3 Preparation)


Instructions: Choose one of the following assignments to outline your drafting strategy.

Writing Activity A: Complaint Affidavit Outline


You are drafting the Complaint Affidavit using the provided scenario. List the five essential
facts (specific names, dates, locations, or actions) from the scenario that must be included in the
body of the Complaint Affidavit to successfully establish Probable Cause.

Writing Activity B: Affidavit of Witness Outline


You are drafting the Affidavit of Witness using the provided scenario. List the five essential facts
that demonstrate the witness's personal, first-hand knowledge of the crime.

The goal here is to list facts that prove the witness was actually there and saw the events with
their own senses (Personal Knowledge).
BATANGAS STATE UNIVERSITY
The National Engineering University
ARASOF-Nasugbu Campus
R. Martinez St., Brgy. Bucana, Nasugbu, Batangas, Philippines 4231
Email Address: [Link]@[Link] |Website Address: [Link]
College of Criminal Justice Education

Part V: The Case Folder Synthesis (Group Task)


Instructions: In your groups of three, you will formally draft the three primary affidavits
required to file this case in court based on the "TechStop Hub" scenario. Each member is
responsible for drafting one specific document. Your group must ensure that the facts across all
three documents are consistent.

Member Assignments:
 Member 1: Complaint Affidavit (CA)
 Member 2: Affidavit of Witness (AW)
 Member 3: Affidavit of Arresting Officer (AOA)

Submission Requirements:
1. Drafting: Each affidavit must include a proper heading, the body of facts, and the
Corrected Verification/Jurat language practiced in Part III.
2. Consistency Check: Before submitting, the group must review all three documents to
ensure times, dates, and descriptions match perfectly.

SCORING RUBRICS

Part I: Differentiation and Purpose (15 Points)


Goal: To correctly identify the roles and functions of each affidavit type.

 Accuracy of Signatories (5 pts): Correctly identifying the victim/agent for CA,


the observer for AW, and the officer for AOA.
 Primary Factual Content (5 pts): Summarizing the specific details required for each
(e.g., probable cause vs. circumstances of arrest).
 Ultimate Legal Purpose (5 pts): Correctly stating the legal goal of each document.

Part II: Analyzing Factual Sufficiency (25 Points)


Goal: To apply legal standards to specific statements.

 Classification (5 pts): Correctly assigning each statement to AOA, CA, or AW.


 Sufficiency Rating (10 pts): Correctly identifying "S" (Sufficient) or "I" (Insufficient).
 Justification/Critique (10 pts): Providing sound legal reasoning (e.g., identifying
hearsay, legal conclusions, or personal knowledge).

Part III: Verification and Jurat Essentials (10 Points)


Goal: To demonstrate mastery of the formal elements that prevent perjury.
BATANGAS STATE UNIVERSITY
The National Engineering University
ARASOF-Nasugbu Campus
R. Martinez St., Brgy. Bucana, Nasugbu, Batangas, Philippines 4231
Email Address: [Link]@[Link] |Website Address: [Link]
College of Criminal Justice Education
 Term Identification (2 pts): Correctly identifying the "Jurat".
 Legal Consequence (3 pts): Explaining the document's invalidity or lack of liability for
perjury if the Jurat is missing.
 Verification Rewrite (5 pts): Providing a legally sound statement emphasizing "personal
knowledge" rather than "best effort".

Part IV: Drafting Synthesis Challenge (10 Points)


Goal: To extract essential facts from the scenario to build a case.

 Selection of Facts (10 pts): Listing five specific, relevant facts (names, dates, actions)
that establish either Probable Cause or First-hand Knowledge based on the chosen
assignment.

Part V: Performance Task - Formal Drafting (40 Points)


Goal: To produce professional-grade legal documents in a group setting.

 Formal Structure (10 pts): Use of proper headings, First-Person narrative, and the
inclusion of the Jurat/Verification.
 Substantive Content (15 pts): Adherence to the "Personal Knowledge" rule—avoiding
hearsay and legal conclusions in the body of the affidavit.
 Internal Consistency (15 pts): (Group Grade) Do the dates, times, and descriptions of
evidence match across all three affidavits? (e.g., If the Witness says "10:30 PM," does
the Officer's report reflect a similar timeline?)

Grading Scale
Score Performance Level
90-100 Excellent: Demonstrates mastery of legal forms; no hearsay; perfectly consistent
group work.
80-89 Proficient: Minor errors in formatting or one instance of hearsay; overall logic is
sound.
70-79 Developing: Several "Insufficient" statements included in drafts; inconsistent facts
between members.
Below Needs Remediation: Missing Jurats; reliance on legal conclusions; failed to
70 establish Probable Cause.

Prepared by:

EZRHA JOY F. NOCEDA


Subject Instructor

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