The document provides guidelines for obtaining sworn statements from witnesses, victims, and suspects to assist criminal investigations. It outlines best practices for conducting interviews and drafting sworn statements, including using open-ended questions, avoiding leading questions, and getting statements in writing. The document also describes the typical components of a sworn statement, such as identifying information for all parties involved and detailed accounts of the alleged crime.

2. SWORN STATEMENT
SINUMPAANG SALAYSAY

3. Statement
A written or oral assertion of
certain facts pertinent and material to
an investigation.

4. Statement
from anyone having knowledge of
the crime
from witnesses
from victims
from complainants
from persons who are suspects

5. Sworn Statement
Assist the investigator –
to ascertain the truth
to establish investigative leads
to discourage persons from
changing their testimony in court

6. Types of Statement
Question and answer type
Narrative type

7. Question and Answer Type
Preferable than the narrative type
It is easier to develop or prove the
essential elements of an offense

8. Narrative Type
Hard for the judge to believe that
the suspect voluntarily dictated all
that is contained in the confession

9. Statement
 When possible, statement is secured
in writing, preferably in the
handwriting of the person making the
statement
NFSTI - PPSC FBJR – 4&6

10. LEADING and MISLEADING
QUESTIONS
 Leading or Misleading questions
should be avoided in the question and
answer type
NFSTI - PPSC FBJR – 4&6

11. LEADING QUESTIONS
 Suggests to the witness or accused
the answer which the investigator
desires
 Example: “Did you shoot the deceased
in your necessary self-defense?”
NFSTI - PPSC FBJR – 4&6

12. MISLEADING QUESTIONS
 One which assumes as true a fact not
yet testified to by witness, or contrary
to that which he has previously stated
 Witness may be induced to give an
answer which appears to say more
than he means
 Example: What are the names of the
two persons who went into your house
at the time when the deceased was
also there?
NFSTI - PPSC FBJR – 4&6

13. "YES" and "NO" ANSWERS
 Any person being questioned should
have an opportunity to present
relevant knowledge in its entirety.
 Insisting on “YES" and “NO" answers
is not only unfair but results in
inaccurate answers and prevents a
flow of information.
 Where such responses are concerned,
qualification of the answers should be
encouraged.
NFSTI - PPSC FBJR – 4&6

14. RECURRING QUESTIONS
 Questions that shall be asked by he
investigator on victims, complainants,
witnesses, suspects, informants, and
informers, during the phase of
interview and interrogation.
 In the physical and mental
reconstructions of how the crime was
committed, these questions will
preoccupy the mind of investigator.
NFSTI - PPSC FBJR – 4&6

15. ONE QUESTION AT A TIME
 Multiple, complex and legalistic
questions should be avoided.
 One question at a time is desired.
NFSTI - PPSC FBJR – 4&6

16. IMPLIED ANSWERS
 The nod of the head or any body
language as a response to the
questions should be avoided.
 The answers must be oral, clear,
explicit and responsive to the
questions.
NFSTI - PPSC FBJR – 4&6

17. SIMPLICITY OF QUESTIONS
 A short simple question at a time is
required.
 If the answer needs qualification, then,
it is allowed.
 Avoid legalistic questions, such as:
who is the murderer; or who are in
conspiracy with the suspect.
NFSTI - PPSC FBJR – 4&6

18. SAVING FACES
 Embarrassing questions on the
subject on matters of exaggeration on
hones errors about time, distance and
description can be avoided if the
investigator will cooperate with the
subject to save face.
 The investigator should not fault or
ridicule the suspect on these matters.
NFSTI - PPSC FBJR – 4&6

19. Basic Parts of Sworn Statement:
 Title or Identification of the Statement
containing the name and address of
the affiant, the name of the
investigator, as well as his rank, the
witnesses to the sworn statement,
information as to where and when the
statement was taken.
NFSTI - PPSC FBJR – 4&6

20. Basic Parts of Sworn Statement:
 Statement indicating that the
investigator and the assisting counsel
have properly informed the affiant
about the investigation being
conducted for the person’s alleged
knowledge and/or participation in a
certain crime
NFSTI - PPSC FBJR – 4&6

21. Basic Parts of Sworn Statement:
 Statement informing the affiant of his
Constitutional Rights
 Long question followed by a
monosyllable answer is not enough.
 There should be short and clear
questions and every right explained in
simple words in a dialect or language
known to, and understood by, the
person under investigation.
NFSTI - PPSC FBJR – 4&6

22. Basic Parts of Sworn Statement:
 Statement indicating that the affiant
that was informed of his Constitutional
Rights
NFSTI - PPSC FBJR – 4&6

23. Basic Parts of Sworn Statement:
 Statement revealing the personal
circumstances of the affiant
NFSTI - PPSC FBJR – 4&6

24. Basic Parts of Sworn Statement:
 Question asking the affiant if he/she
knows why he/she is being questioned
NFSTI - PPSC FBJR – 4&6

25. Basic Parts of Sworn Statement:
 Questions proving the individual
elements of the crime
NFSTI - PPSC FBJR – 4&6

26. Basic Parts of Sworn Statement:
 Statement informing the affiant that
the investigator has no more
questions to ask.
NFSTI - PPSC FBJR – 4&6

27. Basic Parts of Sworn Statement:
 Statement indicating whether or not
the affiant has anything to change, to
add, to clarify, or to delete from his/her
statement.
NFSTI - PPSC FBJR – 4&6

28. Basic Parts of Sworn Statement:
Statement indicating that the affiant has
completely read his statement (consisting
of number of pages); that he is fully aware
of the contents thereof; that he voluntarily
and knowingly answered all the questions;
that he was not influenced, convinced,
forced, threatened, promised, or paid by
anyone in exchange for his statement; that
he gave his statement out of his own free
will and volition; that what he gave in his
statement is the truth, the whole truth, and
nothing but the truth according to his
perception.
NFSTI - PPSC FBJR – 4&6

29. Basic Parts of Sworn Statement:
 Affiant’s signature
 Include parent/guardian’s signature in
case affiant is of a minor
NFSTI - PPSC FBJR – 4&6

30. Basic Parts of Sworn Statement:
 Confession should contain sufficient
details as to the commission of the
offense
NFSTI - PPSC FBJR – 4&6

31. Basic Parts of Sworn Statement:
 Errors in every page intentionally
committed by the investigator
 Affiant’s attention must be drawn to
the errors
 Affiant must correct them in his own
handwriting and affix his initials
thereto
 Affiant’s personal corrections will
disprove all the denials that may later
on be raisedNFSTI - PPSC FBJR – 4&6

32. Form of the Sinumpaang Salaysay
Type
Question and answer

33. Form of the Sinumpaang Salaysay
Type
Question and answer

34. Form of the Sinumpaang Salaysay
Language
known to, and
understood by,
the affiant
(complainant or
witnesses)

35. Form of the Sinumpaang Salaysay
Subscribed and sworn to before any
prosecutor,
government official authorized to
administer oath, or in their absence,
notary public

36. Form of the Sinumpaang Salaysay
With certification that he
personally examined the affiants and
is satisfied that he
voluntarily executed and
understood his statements

37. Contents of the Sworn Statement
Name, address, age and other personal
circumstances of the affiant (offended
party/complainant/witness);

38. Contents of the Sworn Statement
Name of the person taking the
statement, place, date and time when
the statement was taken;

39. Contents of the Sworn Statement
Name, address, age and other personal
circumstances of the offender;

40. Contents of the Sworn Statement
The present whereabouts of the
offender;

41. Contents of the Sworn Statement
The physical description and
identifying marks or features, if any, of
the offender;

42. Contents of the Sworn Statement
The relationship (to the offended party)
of each offender;

43. Contents of the Sworn Statement
Place, date and time of offense;

44. Contents of the Sworn Statement
Manner of commission of the offense;

45. Contents of the Sworn Statement
Name and address, if known, of each
witness;

46. Contents of the Sworn Statement
Reference to, and description of
documentary and real evidence;

47. Contents of the Sworn Statement
Prior attempts or threats;

48. Contents of the Sworn Statement
Relevant statements including
admissions made by offender before,
during or after commission of offense;

49. Contents of the Sworn Statement
Aggravating, modifying and qualifying
circumstances such as relationship
and minority

50. Contents of the Sworn Statement
Reason for delay in reporting crime,
where appropriate

51. HOW TO INTERVIEW A
COMPLAINANT OR A
WITNESS

52. GOAL OF INTERVIEW
 The success of an investigation and the
subsequent prosecution of a suspect will
often depend on the accuracy and
credibility of the victim’s original
statement.
 Any misleading or inaccurate statement
may decrease the likelihood of your
detecting whether a suspect is lying or
not.

53. TIPS FOR A GOOD
INTERVIEW!!!!
 Interview in a private area to encourage
open and candid disclosures.
 Have a private room. Close the door. Turn
off your cell phone. Do not put the tape
recorder in an obvious place. Do not allow
interruptions or distractions.
 Interview victims and witnesses
separately for more accurate information.

54. TIPS FOR A GOOD
INTERVIEW!!!!
 At a crime scene, separate a witness
from friends and family; walk alone with
a victim, talk to a suspect in the car.
 Do not ask the victim and her witnesses
to repeat their allegations in front of the
suspect: they may retract because of
fear!
 Write out their statements only if you
are satisfied that you have conducted a
good forensic interview

55. TIPS FOR A GOOD
INTERVIEW!!!!
 The statement should confine itself to
reported facts. Do not use phrases like
“raped”, “molested”, “murdered” or
“assaulted” because these are not only
legally defined words, but they also
describe a whole range of possible
activities. Just put down what was said
and done.
 You may want to incorporate emotional
state

56. TIPS FOR A GOOD
INTERVIEW!!!!
 The statement should reflect the victim’s
or witnesses’ own language. She must
understand the meaning of the words
used. This is particularly important when
the victim is a child.
 In sex cases, use the victim’s own words
for sexual behaviour and sexual parts.

57. TIPS FOR A GOOD
INTERVIEW!!!!
 After you have finished the written
statement, make sure the victim or the
witness reads it, understands it, and if
necessary, be allowed to make
corrections before signing.
 Allow her to take her time. Don’t rush
her. It was difficult for her to come and
see you.