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 2, 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 who were 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 went to 7/11 in Brgy Concepcion in Mabalacat to supposedly meet PO1
Burgos, but instead, I was arrested by him and other policemen.

Q: And why were you supposed to meet PO1 Burgos, are you familiar with each
other?
A: Yes, he is my neighbor in Teresa Village Dau, Mabalacat City, His house is just 5
houses away from my residence at 127 Teresa Village Dau Mabalacat City, Pampanga.

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 amounting to two hundred thousand (200,000) from the lending business
his wife owns, Mrs. Maria Clara Burgos. The said loan was payable in monthly
installments of ten thousand (10,000).

Q: Do you have any proof that you indeed had a transaction with 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

December 6, 2015, notarized by ATTY BEA ALONZO dated December 7, 2015, 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: Were you able to pay the loan in full?

A: No sir, I defaulted after being able to pay 5 installments.

Q: By the way Mr. Witness, can you tell us the reason why were you meeting PO1
Burgos last January 10, 2017?
A: Burgos requested that we meet so we can negotiate an extension or modification of
the payment terms for the loan I got from his 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: Mr. Witness, what was the tenor of these messages?

A: At first, they were okay, so it did not alarm me, but after I defaulted on the payment of
several premiums, the messages became more threatening.

Q: When was the last time that you received a message of this nature from PO1
Burgos?
A: On January 7, 2017

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

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

Q: How did you respond to the said last message?

A: I apologized for the delayed payment but I also said that I would pay as soon as I am
capable. I pleaded for an extension because I don’t have the money due to the hospital
expenses I incurred for the chemotherapy of my son.

Q: Did PO1 Burgos immediately reply to your response?

A: No sir, but I received a message from him on January 09, 2017 requesting that I
meet him the next day at 7/11.

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

A: Yes, I have not deleted them yet.

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 at noon of January 10, 2017?
A: It was because I respected 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 is
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: 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 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. Nonetheless, PO1 Burgos
still handcuffed me while I embarked into the car

Q: By the way, 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: Where did you go thereafter?

A: We stayed in the car for more or less 20 mins, he asked me whether I could pay the
remainder of the loan next week. He likewise demanded an additional fifty thousand for
inconvenience which I allegedly caused. I replied that I would not be able to pay
because I am still recovering from the expenses which I have incurred for the
medication of my son.

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

A: They brought me to the police station, upon arriving, someone asked PO1 Burgos
“sino yan?”and I was shocked when he replied “drug-pusher pre”

Q: What happened next?

A: They asked me to surrender my phone

Q: Did you immediately comply with the demand?

A: No sir. I first asked whether they could allow me to call my lawyer.

Q: And were you able to make the call?

A: yes, they granted my request after I refused to sign any of the documents they
showed me. Before calling my lawyer, I sent the earlier mentioned screenshots to him.
Thereafter, I surrendered my phone.

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 case for grave misconduct and conduct unbecoming a police
officer was filed against the police officers.

Q: How did you become privy of this fact?

A: I signed the complaint

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 J” Signature of the accused as Exhibit “J-1” and
date received January 15, 2017 by the People’s Law Enforcement Board of
Pampanga “Exhibit J-2”

Atty: that is all your honor.