Affidavit of Arrest: Meaning, Purpose, and Sample Form
An Affidavit of Arrest is a sworn legal document executed by a law enforcement officer or authorized arresting officer stating the facts and circumstances surrounding the arrest of a person. This affidavit formally records how, when, where, and why the arrest was made and is commonly used to support criminal cases, detention records, and court proceedings.
This affidavit is executed under oath and must be based on the personal knowledge of the arresting officer. It is often submitted to prosecutors, courts, or detention facilities as part of official case documentation.
When Is an Affidavit of Arrest Required?
An Affidavit of Arrest is commonly required in the following situations:
- Filing of criminal complaints or information
- Submission to the Prosecutor’s Office
- Detention and booking procedures
- Support for inquest or preliminary investigation
- Documentation of warrantless or warrant-based arrests
This affidavit may be accompanied by arrest reports, booking sheets, and seized evidence inventories.
What Should Be Included in an Affidavit of Arrest?
A complete Affidavit of Arrest should include:
- Full details of the arresting officer
- Full details of the arrested person
- Date, time, and place of arrest
- Legal basis and circumstances of the arrest
- Description of events leading to the arrest
- Affiant’s signature and notarization
Sample Affidavit of Arrest (Editable Template)
Replace all bracketed information below with the correct details before printing and notarization.
REPUBLIC OF THE PHILIPPINES
[CITY / MUNICIPALITY]
[PROVINCE]
AFFIDAVIT OF ARREST
I, [FULL NAME OF ARRESTING OFFICER], of legal age, [rank / position], assigned at [office / unit], and with office address at [address], after having been duly sworn in accordance with law, hereby depose and state:
1. That I am a duly authorized arresting officer and the affiant in this affidavit.
2. That on [date], at around [time], at [place of arrest], I arrested [FULL NAME OF ARRESTED PERSON], of legal age, residing at [address].
3. That the arrest was effected by virtue of:
[Arrest warrant / Warrantless arrest under Rule 113 of the Rules of Court – specify circumstances]
4. That prior to the arrest, the following facts and circumstances transpired:
[Narrate clearly and truthfully the events leading to the arrest.]
5. That the arrested person was informed of his/her constitutional rights at the time of arrest.
6. That I am executing this affidavit to attest to the truthfulness of the foregoing facts and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto affixed my signature this [day] day of [month, year] at [place of execution].
_________________________________
[FULL NAME OF ARRESTING OFFICER]
Affiant
SUBSCRIBED AND SWORN to before me this [day] day of [month, year] at [place], the affiant presenting competent proof of identity.
_________________________________
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.
Disclaimer: This template is for general reference only. Always follow official procedures and consult legal authorities when required.