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Extra Judicial Confession (English)
PNP sample extrajudicial confession in english
Your Browser Doesn't Support Canvas. Showing the Text Content of the PDF Instead: Annex “D”:
Sample EXTRA JUDICIAL CONFESSION in ENGLISH
NOTE:
This only serves as a guide and questioning may not be limited only to
elicit voluntary information found herein.
SWORN STATEMENT OF __________(NAME OF AFFIANT)__________ THAT
WAS FREELY AND VOLUNTARILY GIVEN TO ___(RANK AND NAME OF
POLICE OFFICER)___ , MEMBER OF THE __ _______(OFFICE NAME)________,
LOCATED AT _______________________________, THIS ____ DAY OF
__________, 2016 AT ABOUT ______ IN THE (MORNING/AFTERNOON) IN THE
PRESENCE OF ______(NAME OF COUNSEL)_______ HIS/HER CHOSEN
COUNSEL OR COUNSEL GIVEN BY THE GOVERNMENT OF THE REPUBLIC OF
THE PHILIPPINES, TO ASSIST HIM/HER IN THE GIVING OF STATEMENTS AND
_______(OTHER WITNESS/ES)_______________, _______________________,
COVENANT:
Mr. / Ms. / Mrs. ____________________________________,
hereby volunteer yourself to give sworn statement about your
personal
knowledge
about
_____________________________________________
that
transpired
on
____________________________
at
_____________________________________. Before you will give
your sworn statements, I would like to inform you of your rights
enshrined under the 1987 Philippine Constitution, as follows:
1. That you have the right to remain silent and any information that
you will give can be used as evidence against you in any court of
the Philippines;
2. That you have a right to have a counsel preferable of your own
choice, if you cannot afford the services of the counsel, the
Government of the Philippines will give you one to assist you;
3. That you have the right to know why you are here in our Office; and
4. That you have the right to be informed of all your Constitutional
rights enumerated above.
QUESTION :
ANSWER :
After you were informed of all your Constitutional rights,
are you willing and voluntarily sign your signature to
attest that you were informed and fully understand your
rights under the 1987 Philippine Constitution?
Yes, Sir/Mam ______________________.
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AFFIRMATION
I HEREBY AFFIRMED that I, ___________________________________
was informed and fully explained of all my rights enshrined under the 1987
Philippine Constitution, which I understand as follows:
1. That I have the right to remain silent and any information that I will
give can be used as evidence against me in any court of the
Philippines;
2. That I have a right to have a counsel preferable of my own choice, if
I cannot afford the services of the counsel, the Government of the
Philippines will give one to assist me;
3. That I have the right to know why I am at the ____(name of
Office)_______; and
4. That I have the right to be informed of all my Constitutional rights
enumerated above.
________________________
Affiant
SIGNED IN THE PRESENCE OF:
_____________________________
Assisting Counsel of the Affiant
Attorney Roll No. ____________
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SWORN STATEMENT OF ______________________________________, THAT
WAS GIVEN FREELY AND VOLUNTARILY TO_____________________________,
A
MEMBER
OF
__________________________
AT
_______________________________________.
QUESTION :
ANSWER
:
QUESTION :
ANSWER
:
Do you have a counsel to assist you?
(Yes/No)
If you are given a counsel by this Office to assist you, are you
willing to accept his/her services in assisting you?
Yes. I will accept his/her services in assisting me as my counsel.
HERE, ________(name of counsel)________, a lawyer from ______(place of
lawyer)______, member of the Integrated Bar of the Philippines (IBP), is given
to you by this Office and will provide his services to assist you in your
confession.
(______name of assisting lawyer_______), HERE is (______name of
affiant______) that you will be assisting and provide your services as his/her
counsel in his/her free and voluntary confession to this Office.
At this juncture (Name of Affiant) and said counsels conferred with each other
and after a short while, affiant agreed to accept the services of said counsel.
(Name of Assisting Counsel). Likewise expressed their conformity and agreed
to serve as the affiant’s counsels to advise and assist him in the execution of
his affidavit. (Name of Assisting Counsel) informed affiant about the possible
consequences upon him of said affidavit and affiant still expressed his desire
to execute the same. Hence, the following:
1. Q :
A :
After you are fully informed and explained of all your rights under the
1987 Philippine Constitution in relation to your voluntary confession,
are you willing to freely and voluntarily give your statements truthfully
and that all your statements are true and nothing but the truth only?
Yes. All will be true statements.
2. Q :
A :
What is your name, age, address and other personal circumstances?
________________________.
3. Q :
A :
What is your highest educational attainment?
___________________.
4. Q :
A :
Do you know how to talk, read and understand English?
_____________________.
5. Q :
A :
What is your present work/profession?
____________________.
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SWORN STATEMENT OF ______________________________________, THAT
WAS GIVEN FREELY AND VOLUNTARILY TO_____________________________,
A
MEMBER
OF
__________________________
AT
_______________________________________.
6. Q :
A :
What are the reasons why you are voluntarily came to this Office?
Because I want to change my life and I want to freely and voluntarily
give information relative to the illegal activities of my previous drug
syndicate.
[ KNOWLEDGE/INFORMATION
ABOUT ILLEGAL DRUG NETWORK ]
7. Q :
A :
If that is the case, can you tell us all your knowledge/information about
the illegal drugs activities of your gang?
Yes sir. I am previously a member of the _________________. We are
_________ members in the gang. Our leader is ___________, an
AWOL PNP Officer. The other gang members are ________,
________, ________, __________, _________ at __________. Every
one of us carry caliber .45 pistols for our protection. We have also two
long firearms (armalite rifles) inside our service ___________ with
plate number ____________. Our gang controlled the marketing of
illegal drugs known as “SHABU” all over _____________. We usually
peddled 5-10 kilograms of “SHABU” in a week.
8. Q :
A :
What is your function in the gang?
I’m the one looking for pushers in the street level.
9. Q :
A :
If you look for pushers, what did you do?
I will set a meeting and talk with them on the drug deal.
10. Q :
A :
What happened if they agreed with the drug deal with your gang?
They will become our pusher member and they have the privilege to
use “SHABU” in our den for free, provided they will sell our item
“SHABU” and remit the proceeds to the gang every day.
11. Q :
A :
How many grams do you give to your pushers every day?
I give each of them 50 grams.
12. Q :
A :
How much per gram of your “SHABU”?
We give only 200.00 per gram to our pushers.
13. Q :
You said that your gang has a drug den, where it is located and who
manage it?
It is located at ______________________________. Our leader
______________________ manage our drug den.
A :
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SWORN STATEMENT OF ______________________________________, THAT
WAS GIVEN FREELY AND VOLUNTARILY TO_____________________________,
A
MEMBER
OF
__________________________
AT
_______________________________________.
14. Q :
A :
Who are your street pushers/peddlers?
As far as I remember, they are _________, ____________,
_________, ____________ and __________________.
15. Q :
A :
Where did they live?
____________ live in _____________, _______________ at
____________, while_____________ at _________________. I did
not know where the two pushers live.
16. Q :
You have elaborated your pushing activities, may I know where do you
get your supply of “SHABU”?
Most of our “SHABU” came from ______________________.
A :
17. Q :
A :
Can you specify on whom do you get your “SHABU”?
Being in the underground world, I have heard many big names but
there is always a common name I know as the main supplier, his name
is ____________________________, a Filipino-Chinese national.
18. Q :
Now, that you mentioned ____________________, as the main
supplier, how big his illegal drug activities and how powerful or
influential he is?
His illegal drugs trade is a multi-billion underworld business. He has
connections in China and here in the Philippines, both political and law
enforcement.
A :
19. Q :
A :
Do you know who are his connections here in the Philippines?
As far as I know, he is very close to ______________________, a
three star general in Camp Crame. Also with ___________________,
a Congressman in Cebu.
20. Q :
A :
How do you know him?
Sometimes in 2015 I and ________________ were introduced during a
special gathering of a local politician friend.
21. Q :
A :
On your first meeting, what were your agenda?
He talks about illegal drugs business in the Philippines. He looked for
some trusted persons to deal with the illegal drugs. He asked me if I
can be his partner here in the Philippines, but I refused his offer.
However, I assured him that I can be one of his primary pushers.
22. Q :
Now that you’re on the deal of pushing his “SHABU”, how it is done to
have you the illegal drugs?
I pick up the “SHABU” in the port. He calls me that his “SHABU” arrives
and available for pick up in the port, there we met in the port and gives
me the volume I needed.
A :
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SWORN STATEMENT OF ______________________________________, THAT
WAS GIVEN FREELY AND VOLUNTARILY TO_____________________________,
A
MEMBER
OF
__________________________
AT
_______________________________________.
23. Q :
A :
You said that the “SHABU” arrives in the port, where does it came
from?
The “SHABU” came from main land China.
24. Q :
A :
How and where it is transported?
Mr. (name of the main supplier) has a legitimate cargo business from
China to Manila and vice versa. He owned 3 vessels. Every time each
vessel arrived in the Manila port it carries large volumes of “SHABU”,
alongside with his legal cargo business.
25. Q :
A :
What are the vessels names?
It is MV_________, MV_________ and MV _______________.
26. Q :
A :
Where and when these vessels ducked here in the Philippines?
Usually the vessels arrived on Sunday, Wednesday and Friday at pier
25, Port of Manila.
27. Q :
A :
_______xxxxx OTHER CONNECTING QUESTIONS xxxxx_______
_________xxxxx ANSWERS xxxxx__________
28. Q :
Are you willing to help us find and bring the other members of your
gang to justice?
Yes. I am willing to help in order to stop their illegal drug activities.
A :
29. Q :
A :
For the meantime, I don’t have further questions, do you have any
statements to add or take away on this affidavit?
I don’t have sir for the meantime.
30. Q :
A :
Were you threatened, promised or bribed to do this confession?
No sir. I made it voluntarily with my own free will.
31. T :
Are you willing to sign this affidavit consisting of six (6) pages, to
certify that all the statements you made are true.
Yes sir.
---------END OF STATEMENT----------
S :
SUBSCRIBED AND SWORN to before me this ____ day of ___________,
2016 at ___________________________. Further, I certify that I personally
examined the herein affiant that he voluntarily executed and fully understood his
statements.
________________________
Administering Officer
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