Republic of the Philippines

Ninth Judicial Region

REGIONAL TRIAL COURT
Branch
Zamboanga City

People of the Philippines Criminal Case No. 123

Plaintiff,

-versus- -for-

PEDRO PIOLO PASCUAL Violation of Section 5 of

RA 9165
Accused.

x-----------------------------------------x

Judicial Affidavit of Pedro Piolo Pascual

JUDICIAL AFFIDAVIT
of PO1 JUAN SANTOS

I, PEDRO PIOLO PASCUAL, of legal age, married, Filipino, with

postal address in Normal Road, Baliwasan, Zamboanga City, after having
been duly sworn to in accordance with law, fully conscious that I am
answering the following questions under oath, and that I may face criminal
liability for false testimony or perjury and said judicial affidavit was
conducted at the Suaso, Himodo & Chang Law Office located at Putik,
Zamboanga City, which taking was done in English which I can fully
comprehend and speak, hereby deposes and states as follows:

The testimony of Respondent, PEDRO, is being offered

to establish and prove: That –

1. He is the Respondent in the above-captioned case now pending

before the Honorable Office of the City Prosecutor, Zamboanga
City;

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2. He will testify as to the fact which transpired prior to, during
and after the incident relative to his arrest, subject of this case,
which actually occurred in the evening of October 20, 2018;

3. He will testify as to the fact that he was unlawfully arrested and

searched at Baliwasan, Zamboanga City on October 20, 2018;

4. He will identify this Judicial Affidavit and other evidence

relative to this case and testify as to such facts and other matters
related or germane to her main testimony.

DIRECT TESTIMONY

1. Q. Please raise your right hand and answer the questions. Do you
swear to tell the truth, the whole truth and nothing but the truth)?
A. Yes.

2. Q. MR. WITNESS, Please state your name and other personal

circumstances?
A. I am PEDRO, of legal age, Filipino, married, and a resident of
Normal Road, Baliwasan, Zamboanga City.

3. Q. What is your participation in this case?

A. I am the PEDRO named in this case.

4. Q. What do you do for a living, Mr. Witness?

A. I am a garbage collector.

5. Q. How did you become a garbage collector?

A. I am not that good in reading and writing because I only finished
Grade 3, Ma’am that is why I cannot get a good job to support my
family. I used to be a construction worker when I was younger
but since now that I am old and weak, I am not being hired as
such. Since I cannot find another job, and we do not have food to
eat, out of necessity and nothing else to do, I just started collecting
plastics and bottles from garbage to sell them for a price to junk
shops.

6. Q. How old are you, Mr. Witness?

A. I am 69 years old, Ma’am.

7. Q. When were you apprehended?

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 A. In the evening of October 20, 2018.

8. Q. Do you know why you were apprehended during that time?

A. No Ma’am.

9. Q. Around what time were you apprehended?

A. I am not sure but I know it was almost sunset as it was already
getting dark.

10. Q. Where were you during the time you were apprehended?
A. I was at this abandoned building collecting garbage.

11. Q. Where is this abandoned building you are saying?

A. In our neighborhood, in Baliwasan.

12. Q. What were you doing in that said building?

A.. I was there in the building to collect garbage so that I can sell
them and earn money to buy our food. The building was abandoned,
there were many trash in that place that was why I was there.

13. Q. What happened that day of October 20, 2018?

A. That whole day I was collecting garbage all around the
neighborhood and other near places. I knew it was already getting
late but I wanted to go to this abandoned building because it was
always full of trash and people always throw their garbage in that
area. So I went there to collect garbage.

14. Q. And then what happened?

A. As I was collecting garbage, a man approached me. He was
wearing a blue shirt and maong pants.

15. Q. Do you recognize this man?

A. No. It was the first time I saw him. I never saw him in the
neighborhood.

16. Q. And then what happened?

A. He approached me and asked me what I was doing. I answered
that I was collecting garbage to sell.

17. Q. And then?

A. After answering, he looked at the surroundings, and asked again,
if there were other people in the vicinity.

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18. Q. What did you tell him?
A. I said that maybe there was no one in the area because it was
abandoned and it was getting dark; that from staying there for a while
collecting garbage, there was no one that I saw in the area.

19. Q. What happened then after that?

A. He told me to come closer to him that he will give me something.

20. Q. So what did you do afterwards?

A. Believing him, I went closer to him and saw that he was holding
an envelope. It was an envelope where you put letters in it to mail. It
was a white envelope.

21. Q. And then?

A. He gave me the envelop.

22. Q. And then?

A. I received the white envelope and saw that it was money inside
through the window of the envelop. I saw that it was a One Thousand
bill from the outside.

23. Q. And then what did you do?

A. I was surprised that he gave me the envelope containing money. I
immediately asked him “What is this?” because I was curious since it
was a lot of money and without cause he gave it to me, not even
knowing me at that time.

24. Q. And then what happened?

A. After asking him “What is this,” I was immediately apprehended
by another person that I did not see coming to us. I realized that
they were going to handcuff me as I saw the other person who was
holding me trying to get the handcuff.

25. Q. What did you do then?

A. I tried to run away and escape because I was afraid and nervous. I
did not know what was happening at that time. But because I was old
and slow, I was caught.

26. Q. And then what happened?

A. After I was caught by the person who tried to handcuff me, they
violently held me to the ground so that I was unable to move and
escape. My face was on the ground because I fell while I was trying
to escape.

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27. Q. And then?
A. After I was handcuffed, by one of the two men, he then called
someone thru his cellphone, requesting for mobile. But the response
was too slow so they decided to ride the motorcycle that they were
using. When I rode the motorcycle, I can smell the particular odor of
alcohol so I thought that they were drunk.

28. Q. And then?

A. On our way to the Police Station, the Police mobile we were
supposed to ride on and the motorcycle we were riding met half way,
so we were made to transfer to the Police mobile.

29. Q. Upon arriving at the Police Station, what happened then?

A. The assigned investigator obtained important information from
me, then asked me as to why I was apprehended. I told him that I
don’t know, I did not do anything wrong and cannot imagine doing
anything wrong. And then I was told by the investigator that I was
buy-bust. I asked what buy-bust operation is. They did not tell me
what it was. I did not know what was happening, I just knew that it
was something bad. I really felt nervous and afraid.

30. Q. And then, what happened next?

A. I was brought then to an office, like in a separate room. And then
upon entering there, I was told that they will take a picture of me.
Those are the pictures that they have. And then next I was told that
they will take a picture of me together with the packs of shabu that
they obtained from me and drug paraphernalia that they allegedly
obtained from me. I did not allow them to take it because those were
not mine and I did not know what was happening

31. Q. And then?

A. I was detained at Baliwasan Police Station.

32. Q. What else?

A. I stayed there for some time.

33. Q. Was there a media that accompanied them?

A. None.

34. Q. Was there a barangay official that accompanied them?

A. None.

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 35. Q. What else?
A. Just because I am not highly educated and poor, doesn’t mean that
they can arrest me without any cause. I was not doing anything bad. I
am poor and an old man. I have nothing for them to take.

36. Q. In filing your Judicial Affidavit in the Honorable Court, did you
have to submit other documents to support your statement?
A. The affidavits of my witnesses.

MANIFESTATION: May we ask your Honor that the copy of the

Judicial Affidavits of EDGARDO, and
INIGO, be marked as our Annexes “1” and
“2”, respectively.

37. Q. Do you have anything more to add to your statements?

A. It is true that we are poor but we work hard to earn money and we
have not thought of selling prohibited drugs even once just to
have money. We also do not use drugs because we know the bad
effects of it. I am also getting old, what would a poor old man like
me get from using drugs when I cannot buy my own medicine nor
can go to a doctor or hospital/

38. Q. What else?

A. I have nothing else to say for now.

ATTY. SUASO: That would be all, your Honor.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed

my signature this 23rd day of October in the City of Zamboanga,
Philippines.

PEDRO PIOLO PASCUAL

Affiant

SUBSCRIBED AND SWORN to before me this 23rd day of October.

Affiant personally appeared and exhibited to me his valid ID as proof of his
identity.

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REPUBLIC OF THE PHILIPPINES)
CITY OF ZAMBOANGA …………) S.S.
x - - - - - - - - - - - - - - - - - - - - - - - x)

ATTESTATION

I, Saralyn A. Suaso, of legal age, Filipino, single and with office

address at Suaso, Himodo & Chang Law Firm located Putik, Zamboanga
City, after having been duly sworn to in accordance with law hereby depose
and say:

1. That I am the counsel of record for the Respondent in the case entitled
PO1 JUAN SANTOS Complainant, -versus- PEDRO PIOLO
PASCUAL Respondent, docketed as Criminal Case No. 123 -for-
Violations of Sections 5, of RA 9165 otherwise known as the
Comprehensive Dangerous Drugs Act of 2002 now pending before the
Regional Trial Court , Zamboanga City;

2. That in accordance with Section 4, A.M. No. 12-8-8-SC otherwise known

as the “Judicial Affidavit Rule”, I have faithfully recorded or caused to
be recorded the questions asked to Respondent PEDRO PIOLO
PASCUAL, as well as the corresponding answers given by the said
Respondent;

3. That Respondent PEDRO PIOLO PASCUAL was not coached by me

nor by any person then present, in any manner, in giving his answers to
the questions propounded by the undersigned;

4. That I am executing this affidavit to attest to the veracity of the foregoing

facts and for whatever legal purposes it may serve within the bounds of
the law.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed

my signature this23rd of October at Zamboanga City, Philippines.

SARALYN A. SUASO
Affiant

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 SUBSCRIBED AND SWORN TO before me this 23rd of October at
Zamboanga City, Philippines. Affiant personally appeared and is personally
known to the undersigned Lawyer and/or Notary Public.

ATTY. IVY HIMODO

Suaso, Himodo & Chang Law Firm
Putik, Zamboanga City
PTR No. 22222
Roll No. 3333
MCLE IV No. 55555
Tel No. 9552355

Doc No. 123

Page No. 546
Book No. 5563
Series of 2018

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