Module TECHNICAL ENGLISH 1 (Investigative Report Writing and Presentation)

CHAPTER X
Sworn Statement in Question-
and-Answer Format

At the end of this module, the learner should be able to:

▪ Recognize the essential part of Sworn Statement,

▪ Construct an outline for report writing in Sworn
Statement Format

SWORN STATEMENT IN QUESTION-AND-ANSWER FORMAT

Any PERSON under CUSTODIAL
INVESTIGATION for the commission of
an offense shall have the right to
be informed of his rights to remain
silent and to have a competent and
independent counsel of his or her
choice. If the person cannot afford
the services of counsel, he or she
must be provided with one. These
rights cannot be waived except in writing and in the presence of
counsel.
No torture, force or
violence, threat,
intimidation or any
means which influences
the free will shall be
used against him or
her. Secret detention
places, solitary,
incommunicado, or other
similar forms of detention are prohibited.

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Module TECHNICAL ENGLISH 1 (Investigative Report Writing and Presentation)

Any confession or admission obtained in violation of Section 12,

Article III of the New Philippine Constitution of 1987, shall be
considered inadmissible evidence.
The law provides for penal and civil sanctions for violation of
this section as well as compensation to and rehabilitation of victims
of torture or similar practices, and their families. Below is a
typical example of a sworn statement in question-and-answer format in
compliance wit Section 12, Article III, NPC.
Example:

SWORN STATEMENT OF MR. PEDRO SANTOS Y DELA CRUZ TAKEN BY PO3 JUNE T.
ADALEM PNP AT THE OFFICE OF THE INVESTIGATION SECTION, SANTA ROSA
POLICE STATION, SANTA ROSA, NUEVA ECIJA IN THE PRESENCE OF SPO4 ROBERTO
B. NERI PNP, THIS 20TH DAY OF FEBRUARY 2004, AT ABOUT 9:00 O’CLOCK IN THE
MORNING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .x

PRELIMINARY : Mr. Pedro DC. Santos, you are being informed that you are under
investigation for your involvement in the commission of an offense.
You are reminded that under our New Constitution, you have the
right to remain silent and to be assisted by a counsel of your choice.
If you cannot afford to hire one, and you want assisted by counsel,
this office will provide you with a lawyer free of charge. Any
statement that you will make can be used for or against you in any
court of law in the Philippines. Is this clearly understood by you?
ANSWER : Yes, sir.
QUESTION : Having been informed of your rights under the constitution to
remain silent, do you wish to proceed with this investigation?
ANSWER : Yes, sir.
QUESTION : Do you also wish to be assisted by a counsel of your choice?
ANSWER : I do not need the assistance of counsel
QUESTION : You are also reminded that whatever statement you will give might
be used against you. Is this clearly understood by you?
ANSWER : Yes, sir.
QUESTION : In short, you are waiving your right to counsel in this investigation?
ANSWER : Yes, sir.

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Module TECHNICAL ENGLISH 1 (Investigative Report Writing and Presentation)

QUESTION : Are you willing to sign a waiver to that effect with the assistance of
Atty. Mark Ryan M. Mabutol, who is here present?
ANSWER : Yes, Sir.

WAIVER OFCONSTITUTIONAL RIGHTS

I, PEDRO SANTOS Y DELA CRUZ, do hereby certify that before taking down my
statements, the investigator fully explained my constitutional rights under Section 12, Article III
of the New Philippine Constitution, which are fully understood, and I hereby waive my rights to
remain silent and to be assisted by counsel in the presence of, and with the assistance of, Atty.
Mark Ryan M. Mabutol.

PEDRO DC SANTOS
(Affiant)

QUESTION : Are you ready to give a free and voluntary statement?

ANSWER : Yes, sir.
Q1 : Please state your name and other personal circumstances.
A1 : JUAN DELA CRUZ Y SANTOS, 34 years old, married, and presently
residing at #46 Magilas St., Purok 4, Manubay Subd. Brgy. Valenzuela,
Santa Rosa, Nueva Ecija.
Q2 : Please state the name of the school you have attended.
A2 : ______________________________.
NOTE : Questions No. 4 to 11 deal with the six cardinal points of investigation,
the 5Ws and 1H. These questions are very important in order to unravel
the facts and circumstances of the case.
Q12 : The investigator has nothing more to ask you for the moment. Do you have
anything to add in this statement?
A12 : No more, sir.
Q13 : Are you willing to sign this statement of yours, consisting of ___ pages,
including this last page, and affirm under oath to its truthfulness?

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Module TECHNICAL ENGLISH 1 (Investigative Report Writing and Presentation)

A13 : The answer to this question should not be typed BUT should be written
handwritten answer of the affiant and the latter should be made to
write out in his own handwriting the following statement: “Yes, sir, I
have read this statement of mine consisting of ___ pages and it is the truth.
I made it of my own free will, without any threats or promises having been
made to me by anyone.

PEDRO DC. SANTOS

(Affiant)

SUBSCRIBED AND SWORN to before me this 20th day of February 2004, at Santa Rosa,
Nueva Ecija. I hereby certify that I have personally examined the affiant, and I am satisfied that
he voluntary executed and understood his statement.

PEDRO DULNUAN GUIBONG

Police Superintendent
Chief of Police
(Administering Officer)

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SWORN STATEMENT IN NARRATIVE FORM

Commonly practiced by the police organization during an
application for a search warrant and affidavit of arrest is the
execution of sworn statement in narrative form. This is being done for
a purpose of simplicity and expeditious filing of complaint against
violators of the law. Below is a typical example of an affidavit.

Example:

Republic of the Philippines )

Province of Nueva Ecija )
Municipality of Santa Rosa ) S.S.

JOINT AFFIDAVIT

WE, PO3 Amorsolo A. Esmundo PNP and PO3 Jonathan M. Reyes PNP, both of legal age,
members of the Santa Rosa Police Station, Santa Rosa, Nueva Ecija, and presently assigned to the
Investigation Section, after having been duly sworn in oath in accordance with law, do hereby
voluntary depose and state the following:

That, we were the investigators tasked to conduct the necessary surveillance on the
proliferation of pornographic materials and sleazy tabloids in the municipality of Santa
Rosa, Nueva Ecija, exhibiting obscene language and vulgar photographs of males and
females which we believe are detestable and offensive to common decency, morals and
good customs and are therefore violative of our penal laws;

That, on the 21st day of February 2004, at around 4:00 o’clock in the afternoon, in
order to ascertain the veracity of the report on the circulation of smut publications, we
proceeded to a printing office located at Brgy. Rizal, Santa Rosa, Nueva Ecija, where we
were able to gain entry to the printing office by posing as owners of delivery vehicles
interested in hauling newspapers and magazines. While inside, we were able to see for
ourselves that this office was indeed printing pornographic materials.

That, having confirmed the presence of pornographic publications, we are

executing this affidavit to support our application for the issuance of a search warrant for
the projected search and seizure of the pornographic materials at the premises of the
printing office and arrest the suspects for violation of Article 201 of the Revised Penal
Code.

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FURTHER AFFIANT SAYETH NAUGHT:

IN WITNESS HEREOF, we affixed our signatures over our printed names this 21st day of
February 2004, at Santa Rosa, Nueva Ecija.

PO3 AMORSOLA A. ESMUNDO PNP PO3 JONATHAN M. REYES PNP

(Affiant) (Affiant)

SUBSCRIBED AND SWORN to before me this 20th day of February 2004, at Santa Rosa,
Nueva Ecija. I hereby certify that I have personally examined the affiants, and I am satisfied that
they voluntary executed and understood their statement.

PETER DUNLUAN GUIBONG

Police Superintendent
Chief of Police
(Administering Officer)

References:

• Basic Police Report Writing By

Oscar Gatchalian Soriano

BSCrim, MSBA, MACrim, PhDCrim

• Section 12, Article III, 1987 Philippine Constitution

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