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Pleadings Extrajudicial Confession

1. The accused moves to suppress his extrajudicial confession on the grounds that it was extracted through torture, specifically prolonged beating and mauling by police that rendered him unconscious on multiple occasions from May 13-15, 1982. 2. The Constitution prohibits obtaining confessions through torture, force, or other means that violate free will. 3. The motion argues that because the confession was obtained through unconstitutional means, it should be declared inadmissible per the exclusionary rule. The accused requests a hearing on the motion.

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Edcel Andes
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303 views2 pages

Pleadings Extrajudicial Confession

1. The accused moves to suppress his extrajudicial confession on the grounds that it was extracted through torture, specifically prolonged beating and mauling by police that rendered him unconscious on multiple occasions from May 13-15, 1982. 2. The Constitution prohibits obtaining confessions through torture, force, or other means that violate free will. 3. The motion argues that because the confession was obtained through unconstitutional means, it should be declared inadmissible per the exclusionary rule. The accused requests a hearing on the motion.

Uploaded by

Edcel Andes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Andes, John Edcel Q.

(201921165) LAW 124 Remedial Law 1 (Criminal Procedure)


Block 2-C

REPUBLIC OF THE PHILIPPINES


OFFICE OF THE PROSECUTOR
Digos City

PEOPLE OF THE PHILIPPINES


Complainant,
-versus- I. S. No. ___________
For: Illegal Possession of Firearms in
Furtherance of Subversion
RUBEN BURGOS,
Accused
xx--------------------------------------xx

MOTION TO SUPPRESS EVIDENCE UNLAWFULLY ACQUIRED

The ACCUSED, by counsel, respectfully moves for the suppression of the extrajudicial
confession extracted on 15 May 1982, as documented under affidavit marked Exhibit “E” for the
prosecution, based on following considerations:
1. That the extrajudicial confession executed on 15 May 1982 was extracted out of the accused
using torture, hence, inadmissible as evidence.
Discussion

1. That the extrajudicial confession executed


on 15 May 1982 was extracted out of the
accused using torture, hence, inadmissible
as evidence.
1. Art III, Section 12 (2) of the 1987 Constitution states that “No torture, force, violence, threat,
intimidation, or any other means which vitiate the free will shall be used against him.”
2. Acting on the intelligence information obtained from one Cesar Masamlok, the Constabulary
stationed at Digos, Davao Del Sur, composed of a team of fifteen (15) members was
dispatched at Tiguman, Davao Del Sur to arrest accused Ruben Burgos, under suspicion of
subversion.
3. Afterwards, the team was able to locate accused, who was plowing his field.
4. The team was able to recover a gun buried in the ground (a Caliber .38 revolver) and
subversive documents kept in a stock pile of cogon.
5. The accused Burgos was taken afterwards to the PC Barracks, where he was detained to be
investigated, where he refused to admit ownership of the subject firearm.
6. Because of this refusal, accused was mauled, and hit on both sides of his body, which rendered
him unconscious. After regaining consciousness, accused was again confronted with subject
firearm, and when he repeatedly refused to accept is at his own, he was subjected to further
prolonged torture and physical agony.
7. The process of beating, mauling, pain and/or ordeal was repeatedly done in similar cycle, from
May 13 and 14, 1982, intercepted only whenever he fell unconscious and again repeated after
recovery of his senses.
8. Finally, on May 15, 1982, after undergoing the same torture and physical ordeal, he was
seriously warned, if he will still adamantly refuse to accept ownership of the subject firearm,
Andes, John Edcel Q. (201921165) LAW 124 Remedial Law 1 (Criminal Procedure)
Block 2-C

he will be salvaged, and no longer able to bear any further the pain and agony, accused
admitted ownership of subject firearm.
9. After his admission, the mauling and torture stopped, but accused was made to sign his
affidavit marked as Exhibit “E” for the prosecution, consisting of five (5) pages, including the
certification of the administering officer.
10. Art. III, Section 12 (3) of the Constitution states that any confession or admission obtained in
violation of Section 12 of the same Article shall be inadmissible in evidence against the
accused. For this reason, the aforementioned extrajudicial confession of the accused as
documented in said affidavit is inadmissible as evidence.

WHEREFORE, it is respectfully prayed that the extrajudicial confession executed on 15 May


1982 be declared INADMISSIBLE under the exclusionary rule in Article III, Section 12 (3) in relation to
Section 12 (2) of the 1987 Constitution.

Digos City; 15 June 1982.

(Sgd. John Edcel Andes)


Counsel for Accused
[Digos City, Davao Del Sur]
PLUS:
1. Request for and Notice of Hearing
2. Proof of Service

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