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.

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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;

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 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.

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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.

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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.

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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

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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

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