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Trespass Affidavit for Philippines

Trespass Affidavit Template for Philippines

A Trespass Affidavit is a formal sworn statement under Philippine law that documents unauthorized entry or presence on private property. This legal document serves as an official record of trespassing incidents and can be used in both civil and criminal proceedings under Philippine jurisdiction. The affidavit must comply with the requirements set forth in the Rules of Court of the Philippines and typically includes detailed information about the property, the incident(s) of trespass, identification of trespassers if known, and any resulting damages or consequences. It requires proper notarization and can be used as evidence in legal proceedings or as support for requesting protective measures.

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What is a Trespass Affidavit?

The Trespass Affidavit is a crucial legal document used in the Philippines when property owners need to formally document and address unauthorized entry or presence on their property. This document is particularly important in situations where legal action may be necessary or when creating an official record of recurring trespassing issues. The affidavit must be executed in accordance with Philippine law, specifically following the requirements of the Civil Code of the Philippines and the Rules of Court regarding affidavits. It serves multiple purposes, including supporting criminal complaints, civil actions, or requests for protective orders. The document typically includes detailed property information, incident descriptions, and any resulting damages, making it valuable for both immediate enforcement and future legal proceedings. Property owners often use a Trespass Affidavit as a preliminary step before pursuing more extensive legal remedies or when dealing with persistent trespassing problems.

What sections should be included in a Trespass Affidavit?

1. Title and Venue: Specifies 'AFFIDAVIT OF TRESPASS' and the jurisdiction where the affidavit is being executed

2. Affiant Introduction: Identifies the person making the affidavit, including full legal name, age, citizenship, and address

3. Property Description: Detailed description of the property involved, including exact address, boundaries, and proof of ownership

4. Incident Details: Specific details about the trespass incident(s), including dates, times, and nature of the unauthorized entry

5. Trespasser Information: Description or identification of the trespasser(s), if known

6. Damages or Consequences: Description of any damages, losses, or consequences resulting from the trespass

7. Prior Warnings or Notices: Documentation of any previous warnings or notices given to the trespasser

8. Jurat: Formal closing statement, including date and place of execution, and notary public's attestation

What sections are optional to include in a Trespass Affidavit?

1. Witness Statements: Statements from witnesses who observed the trespass, to be included if witnesses are available

2. Security Measures: Description of existing security measures and signage, relevant when establishing the unauthorized nature of entry

3. Previous Incidents: Details of any previous trespass incidents by the same person(s), included when establishing a pattern of behavior

4. Law Enforcement Reports: Reference to police reports or law enforcement involvement, if applicable

5. Request for Action: Specific requests for legal action or remedies, included when the affidavit will be used for legal proceedings

What schedules should be included in a Trespass Affidavit?

1. Property Documents: Copies of property titles, deeds, or other ownership documentation

2. Photographic Evidence: Photos of the trespass, damage, or property boundaries

3. Supporting Documents: Any relevant correspondence, notices, or warnings previously issued

4. Incident Reports: Copies of security reports, police reports, or other official documentation

5. Survey Plans: Property survey plans or maps showing boundaries and access points

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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Relevant Industries

Real Estate

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