JUDICIAL AFFIDAVIT (of Defense Witness MICHELLE SANTOS in lieu of Direct

Testimony)

PRELIMINARY STATEMENT

The person examining me is ATTY. CANDICE MENDOZA with law office address at
Bunao, Dumaguete City. My Judicial affidavit is being taken at the above mentioned
place. The questions are asked in English Language which I speak and fully
understand and I am giving my answers fully conscious that I do so under oath and I
am aware that I may face criminal liability for false testimony or perjury for false
statements made or given by me.

OFFER OF TESTIMONY

The testimony of the witness MICHELLE SANTOS is being offered to prove that she
is an eye witness to the alleged violation of Sec.5 of RA 9165. She will testify what
transpired on the evening of December 4, 2013.

QUESTIONS AND ANSWERS

1. Q: Madamme Witness, will you please tell the Honorable Court your name, age,
adress and occupation.

A: I am MICHELL SANTOS, 21 years old, Filipino, single, and a resident of Brgy.

Taclobo, Dumaguete City, Negros Oriental and working as a Video blogger.

2. Q: Where were you on the evening of 4 December 2013

A: I was at the Passenger Terminal 2 port of Cebu.

3. Q: What were you doing there

A: I was with Gerald Acosta and we were there since we are schedule to go on
board the ferry going to Cataingan, Masbate.

4. Q: Madamme witness why were you with the accused Gerald Acosta? Are you
related to him?

A: I am his bestfriend attorney.

5. Q: Do you remember what transpired in the evening of 4 December 2013

 A: At about 6:30 in the evening, the accused and I were talking about our
upcoming out of the country trip while we were on a single line approaching the
Screening Section of the passenger departure area.

6. Q: and then what happened next

A: we were just talking, unaware that our laughter were offensive to others and
when it was our turn to approach the screening section the screening officer (XO
Felan), accused us in a loud and condescending voice that we were under the
influence of drugs because we were so noisy. I was in utter shock which rendered me
speechless while Gerald in our defense said, “You have no right to raise your voice to
me! You are not my father!”

7. Q: What did XO Andres do/say in response to the accused statement?

A: the officer just replied in an almost inaudible tone, “Watch out!”

8. Q: So when you and Gerald are at the screening section what happened after?

A: I was cleared to go on board while Gerald’s shoulder pouch bag was being
scrutinized by the officer (XO Felan) which he eventually handed to another officer
(XO Alino). I was in complete state of surprised when they frisked Gerald and told
him that they found some unusual content in the pack of cigarette inside his bag to
which Gerald retorted that he doesn’t even smoke. Next thing I know is that they
escorted Gerald going to their office.

THAT WILL BE ALL FOR THE DEFENSE WITNESS YOUR HONOR.