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 Santos Violation of Section 5 RA 9165

Accused.

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JUDICIAL AFFIDAVIT
of PO3 BERTO MASIGASIG

I, PO3 Berto Masigasig, of legal age, married, Filipino, with postal address
in Barangay Tetuan, 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 City Prosecutor’s Office located at
Gov. Lim Avenue, Zamboanga City, which taking was done in English which I can
fully comprehends and speaks, hereby deposes and states as follows:

OFFER OF TESTIMONY

This affidavit of the witness, PO3 Berto Masigasig is being offered to prove
that:

 The accused Pedro personally handed the sachets of shabu to PO1

Juan Santos and that it was the accused who personally received the
marked money from PO1 Juan Santos.
 The marked money was found on the possession of the accused that
prompted the arrest.
 And, to identify this affidavit and other matters related to or germane
to his main testimony.

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 DIRECT TESTIMONY

Question 1: Please State your name and other circumstances for the record.
Answer 1: I am PO2 Berto Masigasig, 45 years of age, married, and residing at
Barangay Tetuan, Zamboanga City.

Question 2: Why are you here in my office today?

Answer 2: I am going to give my testimony in relation to the incident which
transpired on October 20, 2018 in which I was a witness.

Question 3: How long have you been working with the PNP?
Answer 3: Ive been working with the PNP for 15 years.

Question 4: Is it your first time to conduct a buy bust operation?

Answer 4: No. Ive been conducting buy bust operation for 10 years.

Q5: Can you recall what has transpired on the day of October 20, 2018?
A5: Yes. That day a buy bust operation was conducted by our station.

Q6: Can you tell us what prompted the PNP to conduct a buy bust operation?
A6: On the same day in the morning around 6am, P01 Juan santos received
confidential information from civilian agent that “Pedro” is selling shabu in
Baliwasan..

Q7: What happened after you received the information?

A7: He informed our superior and it was decided that a buy bust operation will be
conducted on the same day.

Q8: What did you do after that decision was made?

A8: A briefing was conducted by our station commander PCINSP Concordio
Procopio.

Q9: Can you tell me what happened during the conduct of briefing?
A9: PO1 Juan Santos was assigned as the poseur buyer while I was assigned as the
arresting officer. A pre-arranged signal was also set on, wherein PO1 Juan Santos

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will light up a piece of cigarette using a lighter which would mean that the
transaction had already been completed. And then I will have to immediately
search for the item in his possession and arrest him.

Q10: What did you do after the briefing?

A10: We informed the barangay officials of Barangay Baliwasan that a buy bust
operation be conducted as well as coordination were also made with PDEA9.

Q11: Why do you need to inform the Barangay officials were doing there?
A11: We needed them as witnesses after the transaction will be completed and I
will have to search for the marked money.

Q12: And then what happened after that?

A12: We proceeded with the buy bust operation.

Q13 : Around what time was that?

A13: Around 5 in the afternoon.

Q14: What happened during the buy bust operation?

A14: PO1 Juan Santos went ahead to the target area to meet with the alleged drug
seller while I secretly followed him together with the SDET Team members.

Q15: Can you tell me, where exactly is this target area you are talking about?
A15: Yes, it was at Chico Drive Baliwasan, at an abandoned building.

Q16: What happened when you arrived at the target area?

A16: I waited for the accused to arrive while hiding strategically a few meters
away from the target place where the transaction is visible.

Q17: What happened after that?

A17: Few minutes later the accused arrived and approached PO1 Juan Santos.

Q18: What happened next?

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A18: I saw Pedro opened his sling bag and showed something to PO1 Juan Santos
which I suppose is the sachets of shabu.

Q19: What happened after that?

A19: Few seconds after Pedro showed something on his sling bag, PO1 Juan
Santos handed him the envelope containing the marked money.

Q20: What happened after he handed him the envelope containing the marked
money?
A20: He looked at the window of the envelope, after seeing the real money he
immediately placed it in his sling bag.

Q21: What Happened after that?

A21: Immediately after that I saw that Pedro handed P01 Juan Santos 10 sachets of
white crystalline substance which probably is a shabu.

Q 22: And then what happened next?

A22: After he handed the items I saw that P01 Juans Santos lighted up a cigarette
as my signal to the arresting officer.

Q23: What is the relation of the act of P01 Juan of lighting the cigarette?
A23: It was the pre-arranged signal decided during the briefing which would mean
that the transaction has been completed.

Q24: What did you do after seeing that?

A24: I immediately came to arrest the accused, who tried to escape and run away
from us.

Q25: Can you elaborate to us what happened when you said he tried to escape and
run away from you?
A:25 When I came and shouted not to move and that I am a police officer and he’s
under arrest, he immediately tried to get away from me. He kept pushing me even
when I got hold of him.

Q26: What else did he do?

A26: He tried to fight me to be able to escape, but he was not successful.

Q27: After you got hold of him what did you do?
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A27: I inspected his sling bag and found the marked money he received from P01
Juan Santos.

Q28: Were you the only one who saw that the marked money was in his
possession?
A28: No, aside from me and P01 Juan Santos who handed it, we were also
accompanied by some Barangay Officials of Baliwasan who followed me and
watched me search for the marked money in Pedro’s sling bag.

Q29: After seeing that he was in possession of the marked money, what did you do
next?
A29: I handcuffed him and told him about his Miranda rights and took him to the
police car and brought him to the Police Station for investigation.

Q30: What did you do to the marked money found on Pedro’s possession?
A30: After we found the marked money, I checked and verified if it was the exact
marked money that was requested and approved by our head to be used for the buy
bust operation.

Q31: And was it the exact marked money that was registered?
A31: Yes it was.

Q32: How did you know?

A32: It bears the serial number FN222333. The exact serial number the marked
money contains.

Q33: After verifying that it was the marked money, what did you do next?
A33: I made sure that it was kept safely and turned over it to the Police
Investigator, P03 Abe Cede for Receipt and Inventory.

Q34: Was it the only item that you were in possession after the buy bust
operation?
A34: No. P01 Juan Santos turned over to me the 10 sachets of shabu after I
Checked and verified the marked money and handcuffed the accused.

Q35: When you said you kept it safely, can you elaborate how you did kept it
safely?
A35: We brought a case where we should put all the items seized during the
operation. It password is only known by me and the police investigator P03 Abe
Cede.
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Q36: How can you make sure that the items were not changed and falsified?
A36: I placed the items in the presence of P01Juan Santos and the Barangay
Officials. During the whole trip going to the Police station until the turnover of the
Items I was accompanied by P01 Juan Santos.

Q37: Why were you the one who brought the items?
A37: I was assigned during the briefing. It will be safer that few people will have
possession of the items to prevent interchange of the items.

Q38: You said you turned over the items for the inventory, was the inventory
conducted?
A38: Yes it was.

Q39: How could you say so?

A39: I was there during the conduct of the inventory.

Q40: How can you make sure that the inventory was properly conducted?
A40: We had several witnesses during the conduct of the inventory.

Q41: Who are these witnesses you are talking about?

A41: I together with P01 Juan Santos, We have witness from the media as well as
some officials.

Q42: You said that you were present during the conduct of the inventory, if the
Inventory form is shown to you will you be able to identify it?
A42: Yes.

Q43: How?
A43: It bears my signature.

44: Do you have anything else to add?

44: None.

IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of

January, 2019 at Zamboanga City, Philippines.

PO3 BERTO MASIGASIG

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 Affiant

SUBSCRIBED AND SWORN to before me this 11th day of January, 2019

at Zamboanga City, affiant personally appeared and exhibited to me his Passport
Identification Card bearing Number 568-0034-155 issued by the Department of
Foreign Affairs in Zamboanga City, Philippines.

SPO2 JAMES REID

Republic of the Philippines…)

City of Zamboanga…...…...….)S.S.
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ATTESTATION

I, of legal age, Filipino, single and with office address at Nuñez Street., Zone
III, Zamboanga City, after having been duly sworn to in accordance with law, do
hereby depose and say:

1. That this affidavit is taken from witness P03 BERTO MASIGASIG in

relation to the above-captioned case;
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 the witness as well as the corresponding answers given by
him;
3. That he was not coached, in any manner, in giving him 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 law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
signature this 21st day of Otcober, 2018 at Zamboanga City, Philippines.

SPO2 JAMES REID

Affiant

SUBSCRIBED AND SWORN TO before me this 21st day of October,

2018 at Zamboanga City, Philippines.

QUEENIE G. JALA

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Doc. No. 134; CITY PROSECUTOR
Book No. 032; Nuñez St., Zone III, ZC
Series of 2018. PTR No. 6362-66-7876, ZC
ROLL No. 2016-01287-24
MCLE IV NO. 9098767
Tel. #: 998-897

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