This document is a judicial affidavit from a witness, Edgardo Sam Milby, in the criminal case of People of the Philippines v. Pedro Piolo Pascual regarding a violation of Section 5 of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. The witness provides testimony that aims to establish that the accused, Pedro Piolo Pascual, is not involved in illegal drug activities and is known in the community as an honest person. The witness describes interacting with the accused on the day of his arrest and claims the accused was picking through garbage, not conducting an illegal drug transaction as law enforcement alleges.
This document is a judicial affidavit from a witness, Edgardo Sam Milby, in the criminal case of People of the Philippines v. Pedro Piolo Pascual regarding a violation of Section 5 of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. The witness provides testimony that aims to establish that the accused, Pedro Piolo Pascual, is not involved in illegal drug activities and is known in the community as an honest person. The witness describes interacting with the accused on the day of his arrest and claims the accused was picking through garbage, not conducting an illegal drug transaction as law enforcement alleges.
This document is a judicial affidavit from a witness, Edgardo Sam Milby, in the criminal case of People of the Philippines v. Pedro Piolo Pascual regarding a violation of Section 5 of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. The witness provides testimony that aims to establish that the accused, Pedro Piolo Pascual, is not involved in illegal drug activities and is known in the community as an honest person. The witness describes interacting with the accused on the day of his arrest and claims the accused was picking through garbage, not conducting an illegal drug transaction as law enforcement alleges.
This document is a judicial affidavit from a witness, Edgardo Sam Milby, in the criminal case of People of the Philippines v. Pedro Piolo Pascual regarding a violation of Section 5 of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. The witness provides testimony that aims to establish that the accused, Pedro Piolo Pascual, is not involved in illegal drug activities and is known in the community as an honest person. The witness describes interacting with the accused on the day of his arrest and claims the accused was picking through garbage, not conducting an illegal drug transaction as law enforcement alleges.
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Republic of the Philippines
REGIONAL TRIAL COURT
Ninth Judicial Region Branch 13 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 EDGARDO SAM MILBY
I, EDGARDO SAM MILBY, of legal age, married, Filipino, and a
resident of Baliwasan Chico, Zamboanga City, after having been duly sworn to in accordance with law, do hereby depose and state:
That ATTY. IVY HIMODO is the counsel who conducted and
supervised my examination as a witness to this case 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.
That I am answering the questions herein fully conscious that I do so
under oath and may face criminal liability for false testimony or perjury.
PURPOSE: This affidavit of testimony of witness EDGARDO SAM
MILBY is being offered to establish and prove: THAT
1. The accused is not a seller or pusher of illegal drugs;
2. He will testify as to the fact that the accused is an honest, trustworthy,
and morally upright person and does not engage in unlawful activities;
1 3. He will testify as to the fact which transpired prior to the incident relative to the arrest of the accused, subject of this case, which actually occurred in the evening of 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 his 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: For the Record, please state your name and other personal circumstances. A. I am Edgardo Sam Milby, 56 yrs. old, married, Filipino, and a resident of Baliwasan Chico, Zamboanga City.
3. Q: What is your participation in this case?
A: I am a witness for the accused, PEDRO PIOLO PASCUAL, who is named in this case.
4. Q: Why do you know the accused PEDRO PIOLO PASCUAL?
A: I know him because we were neighbors and he is a frequent customer of our store. He is also well-known in our neighborhood as someone who is collecting recyclable garbage and selling it to earn money.
5. Q: How long have you known each other?
A: For more or less fifteen (15) years already.
6. Q: What do you do for a living, Mr. Witness?
A: I have a small business.
7. Q: What kind of business are you doing?
A: I own a sari-sari store and I also have a small stall where I sell fresh fish and chicken.
2 8. Q: Since you know him for so long already, have you heard of any report before that PEDRO PIOLO PASCUAL was engaged in any unlawful activities? A: No Ma’am.
9. Q: What else do you know about him?
A: He is also known in our neighborhood as alias “Tatay” because he is always hard working, friendly, and honest that whenever he sees something still valuable that had mixed up with the garbage that he collected from a household, he would immediately return it.
10. Q: Where were you at around 5:00 in the afternoon of October 20, 2018? A: I was standing in front of the abandoned building located outside of Baliwasan Chico.
11. Q: Why were you there at that time?
A: I was waiting for the delivery van of the two (2) lechons that I ordered for it was my birthday that day.
12. Q: Was there anyone else at that place that time?
A: Yes.
13. Q: Do you know him/her?
A: Yes. PEDRO PIOLO PASCUAL was there also.
14. Q: What was PEDRO PIOLO PASCUAL doing there at that time, if you can still remember? A: He was picking some garbage from the garbage bags laid outside the abandoned building.
15. Q: By the way, you made mentioned that the abandoned building is located outside Baliwasan Chico, correct? A: Yes. Particularly at the entrance of normal road.
16. Q: So it is where the people in your neighborhood regularly pass by
when going to your house, correct? A: Yes.
17. Q: Can you describe that abandoned building?
A: It is a two-storey old building, it was abandoned for so long already that it became a garbage dumping site already.
3 18. Q: So while you were there waiting for that delivery van, what happened next? A: While I was still waiting, I approached PEDRO PIOLO PASCUAL and invited him to go to my house at 6:00 in the evening for we have a simple celebration for my birthday.
19. Q: What was his response?
A: He was thankful for being invited and he said that he will go just after he’ll finish picking some garbage to sell for tomorrow and that he will also change his clothes.
20. Q: Did your conversation last for a long time?
A: No Ma’am. It only took less than 2 minutes because the delivery van of the lechon already arrived and I escorted it to our house.
21. Q: Was there anything unusual transpired that afternoon of October 20, 2018? A: Yes Ma’am.
22. Q: What was it?
A: While I was helping my wife in setting the table for my birthday’s celebration, I heard police sirens in our neighborhood, and some commotion particularly at the abandoned building which is just a few meters away from our house.
23. Q: What happened at that point?
A: I immediately ran towards the abandoned building where the commotion was coming from.
24. Q: Then what happened?
A: Then I saw police vehicle and Pedro in it with his hands handcuffed.
25. Q: What happened next?
A: I approached one police officer and asked what was happening.
26. Q: What was the reply of the police officer?
A: That there was a buy bust operation.
27. Q: At what time did it happen Mr. Witness?
A: At about 5:45 in that afternoon.
4 28. Q: Do you have anything more to add? A: I am really saddened by what happened to Pedro. It’s beyond imagination that a man like him could ever do or engage on such allegation involving illegal drugs. For all the years I have known him, he was always truthful, upright, and God-fearing. I believed that he was just a victim in this case.
29. Q: What else?
A: I have nothing else to say for now Ma’am.
ATTY. HIMODO: 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.
EDGARDO SAM MILBY
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.
ATTY. IVY P. HIMODO
Suaso, Himodo & Chang Law Firm Doc. No. 143 Putik, Zamboanga City Page No. 76 PTR No. 77777 Book No. 111 Roll No. 1010 Series of 2018. MCLE IV No. 12121
5 REPUBLIC OF THE PHILIPPINES) CITY OF ZAMBOANGA …………) S.S. x - - - - - - - - - - - - - - - - - - - - - - - x)
ATTESTATION
I, IVY P. HIMODO, of legal age, Filipino, married 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 witness, EDGARDO SAM MILBY, as well as the corresponding answers given him;
3. That Witness EDGARDO SAM MILBY 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.
IVY P. HIMODO Affiant
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. SARALYN A. SUASO
Suaso, Himodo & Chang Law Firm Putik, Zamboanga City Doc No. 321 PTR No. 22222 Page No. 645 Roll No. 3333 Book No. 6355 MCLE IV No. 55555 Series of 2018 Tel No. 9552355
