Court : Please administer the oath to the witness.

Court Interpreter : Do you swear to tell the truth, the whole truth and nothing but the truth on these
proceedings?
Witness : Yes, I do.

Court Interpreter : State your name, address and other personal circumstances.

Witness : I am Paolo Thirdy, 28 years of age, married, presently employed in Alta Business
Solutions, and a resident of 127 Teresa Village Dau Mabalacat City, Pampanga.

Prosecutor : Your honor, we are offering the testimony of Paulo D. Thirdy the accused; that he
was framed and was arrested during the alleged buy-bust operation in compliance
with the Operation Tokhang ordered by the Chief of Police on all police departments
nationwide; that the reason of meeting with one of the police in the said buy bust is
to strike an agreement and ask for reconsideration for the indebtedness he incurred
against PO1 Padre Burgos’ wife in the Lending Business she owns and operate; that
he was threatened by PO1 Burgos multiple times if he cannot pay his loan; and that
he was unlawfully arrested for false accusations; he will also identify all the items
and documents in connection with this case; and he will generally testify as to
relevant facts and circumstances which will disprove the material allegations of the
information filed against him.

(May we proceed?)

Court : Your comment please? (to Prosecution)

Defense : Subject to cross, Your Honor.

Court : Please proceed.

DIRECT EXAMINATION OF ACCUSED PAULO D. THIRDY

Defense : Ms. Witness, what is your profession?

Paulo : I am a call center agent

Q: In what company do you work?

A: In Alta Business Solutions

Q: How long have you been employed in this company?

A: 3 years and 5 months

Q: How can you prove that you are employed in Alta Business Solution?
A: I have submitted a copy of my employment certificate as part of the evidences to be presented.

Q: If I will show you a document denominated as Employment Certificate dated February __, 2016,
kindly go over the document and tell us what relation this has to do with the Employment Certificate
that you mentioned?
A: It is the same document.

ATTY: May we adopt the Certificate of Employment and mark it as Exhibit “A” your Honor?
Q: And during your service have you been subjected to a random drug test as a requirement for
your continuous employment?
A: Yes, I was one of the employees tested at work

Q: Can you recall when was this conducted?

A: It was the week right after new year, January 5, 2017

Q: And were you informed of the results of the test?

A: Yes

Q: How were you informed?

A: I was called in the Human Resource Department two days after the test and was given a copy of the
result.

Q: I am showing you a document denominated as Drug Test Laboratory Result Dated January 5,
2017 released and signed January 7, 2017, kindly go over it and tell us the relation this has to do
with the Drug Test Result that you mentioned?
A: It is the same.

Atty: We ask you Honor to adopt the said document and mark it as Exhibit “B”

Q: Mr. Witness can you go over the document and read the result of the test?
A: Specimen: Urine Result: Negative

Atty: May we adopt the result and mark it as Exhibit “B-1”

Q: Mr. Witness, can you still recall what happened last January 10, 2017?
A: Yes, I was meeting PO1 Burgos at 7/11 in Brgy Concepcion in Mabalacat

Q: And why are you meeting PO1 Burgos are you familiar with each other?
A: Yes, he was my neighbor in Teresa Village Dau, Mabalacat City, His house is just 5 houses away from
where I live.

Q: Aside from being neighbors how did you meet and made contact with him?
A: His wife owns a lending business in Concepcion Mabalacat City.

Q: How did you become privy of this fact?

A: I got a loan from the lending business his wife owns, Mrs. Maria Clara Burgos

Q: Do you have any proof that you indeed had a transaction in the lending business?
A: Yes, I still have a copy of our promissory note.

Q: I am showing you a document dominated as PROMISSORY NOTE dated last February 6, 2016,
notarized by ATTY BEA ALONZO dated February 7, 2016, the kindly review the document and tell
us what is the relation this has to do with the promissory note you mentioned?
A: It is one and the same.

Q: How can you be sure of that?

A: The signature above my printed name is mine.

ATTY: We ask that this document “PROMISSORY NOTE” be admitted and marked as Exhibit “C”
and the signature marked as “Exhibit C-1” notarial seal and atty’s signature “Exhibit C-2”

Q: Mr. Witness, can you tell us the reason why are you meeting PO1 Burgos last January 10, 2017?
A: Burgos requested that we meet so I can ask him for an extension or modified payment terms for the
loan I got from hi wife.
Q: And how did you communicate with PO1 Burgos did you talk to him personally?
A: No, he would either text me or call me.

Q: When he requested to meet you was this the first time he texted you?
A: No, he texted me prior to that.

Q: What did he say to you via text or call?

A: When I first defaulted on my payment, he usually texts me to pay the premium due.

Q: In your opinion Mr. Witness, how do you interpret the tenor of the messages?
A: At first, they were okay, so it did not alarm me, but after I defaulted on the payment of several premiums,
PO1 Burgos started to become more threatening.

Q: When did you receive the last message of this nature?

A: On January 7, 2014

Q: Can you be more specific as to the tenor of this last message?

A: The message includes statement such as “huwag kang magkakamaling di bayaran ang asawa ko,
tandaan mo, walang utang na hindi nababayaran, kung hindi papatokhang kita.”

Q: Do you still have the messages in your phone?

A: Yes, I have not deleted them yet.

Q: I am presenting to you printed copies of screenshots…… kindly review the document and tell us
what is the relation this has to do with the texts messages you mentioned?
A: Those screenshots

Q: Mr. witness, I am showing a document that contains the screenshot of the conversations between
you and PO1 Burgos, can you go over the documents and tell us the relation to the text messages
you mentioned?
A: they are the same

Q: I am showing you as well as a reproduction of the conversation and certification issued by

SMART Telecomunications under the no. 09198888888 dated January 20, 2017 can you go over the
documents and tell us the relation to the text messages you mentioned?
A: They are the same

Q: How can you be sure?

A: that number is my mobile no. issued by smart when I subscribed for a postpaid plan last January 2014.

Attty: We adopt the document containing the screenshots as “Exhibit D” and the reproduction
copies as Exhibit “D-1”; the number 09198888888 as “exhibit D-2” and the certification as “D-3”

Q: Despite the tenor of the messages sent to you by PO1 Burgos why did you decide to still meet
him on the noon of January 10, 2017?
A: It is because I respect him as a police officer and he is my neighbor, and I honestly thought that it would
be safe for me to meet him at 7/11 especially because it was a public place and we would meet at noon.

Q: Can recall the events that transpired last January 10, 2017?
A: Yes, that day I agreed to meet PO1 Burgos in 7/11 because he said that he was on duty near that place,
so I went there, and arrived around 11:45am, I arrived early so I went inside 7/11 to wait for PO1 Burgos
and bought some food and cigarette while waiting for him. After around 15-20 mins I saw PO1 Burgos
outside of 7/11 and he waved at me to come outside; to which request I have complied.
Q: Mr. witness I am now showing you a document pertaining to official receipt of issued by 7/11
dated January 10, 2017 time issued 11:52 am POS Serial no 1234-456-78900, can you go over it and
relate it to the fact you mentioned earlier?
A: It is the receipt they gave me when I bought food and cigarette.

Atty: We ask your honor, we adopt and mark the receipt issued by 7/11 Concepcion Village
Mabalacat City as “Exhibit E” and Date January 10, 2017 “ Exhibit E-1” “Time “exhibit E-2” POS No
1234-456-78900 as “exhibit e-3”

Q: while at 7/11 did you notice if there is a security camera?

A: yes, because while I was buying my food I noticed the CCTV monitor in the cashier.

Q: I will show you a copy of the screen capture of the CCTV on camera 3 located in the main entrance
of 7/11 concepcion village mabacat city, can you go over it and the relation to the facts you earlier
stated.

A: that is me in the picture, while they handcuffed me and asked me to go with them.

Atty: Your honor, we ask that the flash drive containing the CCTV footage be adopted and marked
as “Exhibit F” and the Screen capture of the footage be marked as Exhibit “F-1” ; the certification
of NBI of the authenticity of the footage and certification that it is not tampered as “Exhibit F-2”

Q: After that what happened next?

A: When we were already talking, I noticed that some other four police men started to come towards our
direction. Subsequently, the said officers invited me to come with them.

Q: Did you comply with the said invitation?

A: Yes, I complied with the request and I embarked to one of their cars because I felt that it would be a
safer thing for me to do because PO1 Burgos said that if I would do otherwise they would take me by force;
there were at least 5 police men surrounding me at that time.

Q: Where did you went thereafter?

A: We stayed in the car for more or less 20 mins, he was asking me to make a payment for the remainder
of my loan plus 100k if for his companeros or else I will be jailed.

Q: And afterwards?

A: I was not able to make a payment, because I don’t have the money due to the hospital expenses we
incurred during the chemotherapy of my son.

Q: Mr. Witness, when you failed to pay what happened next.

A: They brought me to the police station, upon arriving I was shocked when someone asked PO1 Burgos
“sino yan?”

Q: What was his answer?

A: He said “drug-addict pre”

Q: What happened next?

A: I asked if I could call my lawyer because they confiscated my phone.

Q: And were you able to make the call?

A: yes, they allowed me only after I refused to sign any of the documents they showed me.

Q: Can you remember what time you called your counsel?

A: Yes, that was before 2 o’clock

Q: How can you be sure?

A: I saw the time on my phone before I made the call.

Q: How can you prove this fact?

A: It is in my phone sir.

Q: I will be showing you a document containing the screenshot showing a phone call made to a no.
0919999999 dated January 10, 2017 time 1:50 pm, can you go over the document and relate this to
the phone call you mentioned?

A: It is the phone call I made.

Atty: We adopt the document containing the screenshot of the phonecall as “Exhibit G”; the no
0919999999 as “exhibit G-1”; date January 10, 2017 “exhibit G-2” and time 1:50pm “exhibit G-3”
name of the accused in the certification as “Exhibit G-4”; Name and Signature of the Head of Legal
Division of Smart Telecom as exhibit “G-5”

Q: I will show you a document of the reproduction of the call registry you made last January 10,
2017 made by phone no. 0919888888 issued by smart telecomunnications, dated january 20, 2017,
can you go over it and verify the said document?

A: It is the same

Q: How can you tell that it is the same?

A: The no 09198888888 is my postpaid no. from smart since 2014

ATTY: We adopt and mark the documents containing the screenshots of the call made last January
10, 2017 under the phone no. 0918888888 as “Exhibit H”; the reproduction of the call registry issued
by Smart Telecom as “Exhibit H-1”; The mobile no 09198888888 as “Exhibit H-2”; name of the
accused in the certification as “Exhibit H-3”; Name and Signature of the Head of Legal Division of
Smart Telecom as exhibit “H-4”

Q: During the processing of your arrest, did you witness the marking of the evidence?

A: No, the only time I saw the drugs was at the time they had me pose for the picture taking with the brgy
captain and the reporter.
Q: After the processing in the precinct, what happened next?

A: I was detained in the police station.

Q: Was there a time that you were brought out of prison?

A: Yes, on January 12, 2017

Q: And why is that?

A: They brought me to the fiscal’s office.

Q: To do what?

A: They told me that it was an inquest.

Q: After you were placed in jail what did you/ your counsel or your family do?

A: My father assisted by my counsel filed a blotter in Station 6 of Brgy Balibago Angeles City against the
police who arrested me on January 10, 2017

Q: I will show you a document denominated as Spot Report dated January 12, 2017, can you review
it and relate it to what you mentioned earlier?

A: That is the blotter report my father and my counsel showed me.

Atty: We adopt the document denominated as Spot Report dated January 12, 2017 and mark it as
“Exhibit I” you Honor.

Q: Any other actions that were taken by your counsel and your family?

A: An administrative and criminal case was filed against the police.

Q: How did you become privy of this fact?

A: I signed the complaint

Q: I will show you a document denominated as complaint affidavit crim case no. 121212, can you
go over it and relate it to your prior statement?

A: That is the same complaint affidavit I executed which is filed in RTC Branch ____of Mabalacat City, that
is my signature

Atty: We ask that this document entitled as Complaint Affidavit with case no. 121212 filed before
the RTC of mabalacat city be adopted and marked as “Exhibit J” Signature of the accused as Exhibit
“J-1” and date received January 15, 2017 by the RTC “Exhibit J-2”

Q: I will present to you another document denominated as “Complaint Affidavit” admin case no
131313 lodged before the People’s Law Enforcement Board of Pampanga, can you go over it and
tell us the relation of this document to your statement?

A: This is the complaint affidavit I executed, that is my signature.

Atty: We ask that this document entitled as Complaint Affidavit with case no. 131313 filed before
the People’s Law Enforcement Board of Pampanga be adopted and marked as “Exhibit K” Signature
of the accused as Exhibit “K-1” and date received January 15, 2017 by the RTC “Exhibit K-2”

Atty: that is all your honor.