SCENARIO 1 (MOST LIKELY) : Lucky Will Just Adopt His Extra-Judicial Confession

SCENARIO 1 (MOST LIKELY): Lucky will just adopt his extra-judicial confession.
PART 1.
1. Mr witness, are you aware that you are testifying today as a witness for the prosecution?
2. Are you also aware that you are testifying as a prosecution witness because that it is a condition
in your plea bargaining proposal?
3. So you are also aware that if the prosecution is satisfied with your testimony, they may agree
with your plea-bargaining proposal?
4. Meaning, if the prosecution is satisfied, you may be convicted with a crime way less than what is
charged against you and having significantly less penalty?
5. Mr. witness are you willing to do anything in order for you to get out of jail?
6. So when your counsel tells you to do o say something for you to have a chance of getting out of
the jail sooner than later, will you do it?
7. So when I tell you that you just have to satisfy the prosecution when giving your testimony
today as a condition to your plea bargaining proposal, will you do it?
8. Again, will you do anything in exchange of your liberty?
9. So because you said anything, I am confident when I say it includes lying, correct?
10. Anything means lying for your convenience, lying for your benefit but lying at the expense and
to the prejudice of the other defendants, correct?
PART 2:
1. MR WITNESS, do you remember having executed an extrajudicial confession on March 1, 2015

before Atty. Ferdinand Agustin?
2. Is it safe to say that the statements you made in your EJC are exactly the same as what you have
testified today?
3. Do you remember what time of the day you executed this EJC?
4. And based from you EJC, the killing of the deceased JESUS JACINTO transpired around 7:40 in
the evening of Feb 28, 2015, correct?
5. And you were apprehended immediately thereafter, correct?
6. So from the time that you were apprehended until the time you executed your EJC, there is an
interval of ____ hours, correct?
7. So when you were detained inside the jail, you have ___ hours to think through what have just
happened, am I right?
8. So is it also fair for me to say that you had __ hours to have the opportunity to think of what you
could do or tell to protect your interest?
9. Am I correct to say that you have sufficient time to make your own version of the story before
executing your EJC?
PART 3:
10. MR WITNESS, based from your testimony, who do you think is the mastermind in the killing of
the deceased?
11. As you were implying in your testimony/EJC, do you believe that the mastermind is the accused
Jonathan Sapata?
12. That he was the one who invited you when you were in Cagayan to go to Laoag for a certain
farm work, correct?
13. That he had a secret conversation with a certain Pacito Paciriem and you were excluded in that
conversation, right?
14. That you were surprised when you witnessed Jonathan and Macky execute the plan to kill the
deceased, correct?
15. Simply put, are you trying to imply that Jonathan already has knowledge of the plan to kill the
deceased without informing you about it?
16. You mentioned in your EJC that you were previously charged with frustrated homicide, correct?
17. So this is the second time that you are being accused of committing a crime involving the killing
or attempt to kill another person, correct?
18. Meanwhile, you mentioned that you met Jonathan Sapata while both of you were detained in
BJMP, Cauyan City, am I right?
19. That you also learned that he was charged with not murder, not homicide, but simply robbery,
correct?
20. Is it fair for me to say that between the two of you, you are the one who has already been
charged twice with a crime involving the killing of a person, and not Jonathan Sapata?
21. And yet, you still claim that the killing of the deceased was his plan and that you were
completely innocent of it, is that what you are trying to impress to the court?
PART 4:
22. MR WITNESS, do you know MRS. NELIA JACINTO?

23. HOW ABOUT MRS. JACQUELINE BALINO?
24. THESE ARE THE PERSONS WHO HAVE GIVEN THEIR SWORN STATEMENTS AGAINST YOU.
25. Have you read their sworn statements?
26. How about your counsel, had he/she mentioned anything about the contents of their sworn
statements?
27. For your information Mr. witness, in their sworn statements, they have positively identified you
as the person who was with the shooter when the shooting incident happened and who took
their belongings.
28. Now Mr. Witness, do you deny these allegations?
29. Because in your EJC, you have never mentioned anything regarding the taking of their
belongings, as well as having any personal and physical encounter with these two witnesses,
correct?
30. So despite these sworn statements, do you still deny these allegations?

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SCENARIO 1 (MOST LIKELY): Lucky will just adopt his extra-judicial confession.

8. Again, will you do anything in exchange of your liberty?

1. MR WITNESS, do you remember having executed an extrajudicial confession on March 1, 2015

5. And you were apprehended immediately thereafter, correct?

22. MR WITNESS, do you know MRS. NELIA JACINTO?

25. Have you read their sworn statements?

28. Now Mr. Witness, do you deny these allegations?

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