Professional Documents
Culture Documents
Direct Poseur Buyer 1
Direct Poseur Buyer 1
Direct Poseur Buyer 1
TRANSCRIPT
x-------------------------------------------x
x--------------------------------------------------------------------------------------------------------------x
APPEARANCES
1
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.
Prosecutor : Your honor, we are offering the testimony of P01 Padre Burgos as a
member of the team of police officers and confidential informant who
conducted a buy-bust operation against the accused; that he is the
designated poseur buyer in the said operation; and in the course of his
testimony, he will identify the accused in this case, Paolo D. Thirdy; h e will
also identify all the documents they prepared in connection with this case;
and he will generally testify as to relevant facts and circumstances which
will prove the material allegations of the information.
(May we proceed?)
Q: During the years that you have been in service, have you ever been subjected to any
disciplinary action or proceeding?
A: No, Ma’am. I have not.
2
Q: In what specific unit or division are you designated?
A: At the Anti-Illegal Drugs Unit, ma’am.
Q: And what are your duties and responsibilities as part of the Anti-Illegal Drugs Division
of Mabalacat Police Station?
A: Our team mainly focuses on drugs cases. We conduct surveillances and buy-bust
operations within Mabalacat City.
Q: Mr. Witness, do you recall where you were on the morning of January 10, 2017?
A: Yes, I was on duty at our office in Mabalacat Police Station.
Q: Do you recall what you were doing on the morning of January 10?
A: Yes. I was preparing my daily patrol report from yesterday.
Q: Do you remember anything striking that happened during that period, if any?
A: Yes, at around 11 in the morning, I, with my other colleagues, were asked to go to
the desk of P01 Dela Rosa.
Q: Why are you able to recall the events during that day?
A: Because it was my first wedding anniversary, and the informant then was wearing a
bright neon green shirt.
Q: So can you please describe to this Honorable Court the information that was relayed
to you and your colleagues by the informant that you were referring to?
A: He said that a certain Paolo Thirdy had been selling drugs at 7/11 St., Brgy.
Concepcion, Magnapeak Village, Mabalacat City.
Q: Against whom?
A: Against Paolo Thirdy, the person being referred to by the informant.
3
Q: Where was the informant while the briefing was happening?
A: He was still in the office. He was included in the briefing.
Q: Can you please tell this Court what transpired during your discourse?
A: After assessing the urgency of the situation, we settled that the buy-bust operation
will be conducted immediately after our deliberation, where I will act as the poseur
buyer, while P01 Dela Rosa will act as the arresting officer. P01 Macaspac and P01
Sengson will serve as back up.
Q: Why will the confidential informant have to alight from the vehicle first?
A: So that he can motion to Paolo Thirdy that he, the informant, brought a buyer.
Q: You made mention that you are assigned as the poseur buyer in this operation. As
the poseur buyer of this buy-bust operation against Paolo Thirdy, how do you plan to
execute the buy-bust?
A: That I will alight from the car and approach the informant and the accused a few
seconds after the informant left. Upon reaching them, I will hand the accused a
P1,000.00 bill without saying anything. Then I will wait for the accused to give me the
illegal drug/s, if there would be any.
Q: So in case the accused will give you illegal drugs, what will you do then?
A: I will execute the pre-arranged signal, ma’am, to indicate to my colleagues that the
transaction has been consummated.
Q: Are there other matters that you discussed during the briefing?
A: The coordination with PDEA, the barangay captain, the media, and with the DOJ.
Q: How long did you and your colleagues discuss all of these?
A: For around 30 minutes, ma’am.
Q: So, from the time that the informant arrived in your office up to the time that you
finished your briefing, how long did all of that take?
A: Around 45 minutes, ma’am.
4
Q: Mr. Witness, after the discussion and the coordination with the PDEA, the barangay
captain, the media, and the DOJ, what happened next?
A: I quickly changed into civilian clothing and then left the police station to proceed to
the target place.
Q: You mentioned earlier that in the station were P01 Dela Rosa, P02 Reyes, P01
Macaspac, P01 Sengson, and P03 Dindo. Where was P03 Dindo if he did not come
with you?
A: He was left to man the station.
Q: After you changed clothes and left the station, where did you go?
A: To Barangay Concepcion, Magnapeak Village, Mabalacat.
5
A: He first showed to me the bill, and then he was telling me that he was marking it with
his initials, “JDR,” at the forehead of Jose Abad Santos. He showed to me the marked
bill thereafter.
Q: I am showing to you a photocopy of the 1,000-peso bill with the serial number
WZ338206, previously marked as Exhibit “A.” What relation does this have, if any, to the
marked money that you were talking about?
A: This is the marked money.
Q: How do you know that this was the marked money that you used?
A: I know so because there was a marking at the forehead of Jose Abad Santos of his
initials, JDR.
Q: Whose initials?
A: P01 Dela Rosa’s.
Q: At what time did every one of you inside the red car arrive?
A: At around 11:30 in the morning.
Q: How about P01 Macaspac and P01 Sengson? At what time did they arrive?
A: Just about the same time as ours, because they were just right behind us.
Q: What did you specifically do after you arrived at the target place?
A: Well, I turned off the AC and the stereo of the car. I took off my seatbelt. And then, I
turned off the car engine.
6
Q: After you were able to park the car, what happened next?
A: P01 Dela Rosa alighted from the car, and then positioned himself at the telephone
booth, which was at the corner of 7/11.
Q: Can you describe further what events transpired after those 25 minutes, if any, while
you were inside the car?
A: I was sitting inside the car when I saw a black Nissan Patrol car approach from the
other end of the road. It parked in front of the abandoned building, parallel to where our
car was parked.
Q: What transpired after you saw the black Nissan patrol car?
A: After about a little less than 1 minute after the car parked, a man alighted from the
car.
Q: What happened after you saw that man alight from the black Nissan patrol car?
A: The informant tapped my shoulder and he said, “Sir, yan si Paolo Thirdy, Sir.”
Q: If you will be asked to identify if Paolo Thirdy is present in this court, as the same
person who alighted from the black Nissan patrol car and was recognized by the
informant as Paolo Thirdy, will you be able to do so?
A: Yes, ma’am.
7
Q: Will you step out from the gallery and tap the shoulder of the person who you will be
identifying as Paolo Thirdy?
A: *** witness steps out from the gallery and taps the shoulder of the accused ***
Q: So Mr. Witness, did you do anything after you learned that the man who alighted
from the black Nissan patrol car is Paolo Thirdy?
A: Yes, I got ready and made sure that I will not lose sight of Paolo.
Q: And then?
A: The informant told me that he will be approaching the accused, and reminded me to
follow suit as planned.
Q: What was the accused doing when you were taking out the money from your pocket?
A: The accused was also taking a plastic sachet with a white crystalline substance out
from his right pocket.
Q: You made mention that you gave the marked money to the accused. Did he take it?
A: Yes, while he was giving to me the plastic sachet.
8
Q: So did he first give the plastic sachet to you or did he take the money?
A: He simultaneously gave the plastic sachet and took the money using his right hand.
Palit kamay lang, Ma’am.
Q: What happened when you scratched your head with your left hand?
A: I saw P01 Dela Rosa run towards us from the telephone booth. He yelled, “TAAS
ANG KAMAY! PULIS ITO!”
Q: When you saw the accused was trying to run, what did you do, if any?
A: I blocked his path, so he was not able to run away. After that, P01 Dela Rosa was
able to reach us immediately.
Q: What happened when P01 Dela Rosa reached you and the accused?
A: P01 Dela Rosa grabbed the right arm of the accused, then he introduced himself that
he was a police officer, and told the accused of his right to remain to remain silent and
that he had the right to a competent and independent counsel, preferably of his own
choice.
Q: What happened after P01 DELA ROSA told the accused of those things?
A: Beki Belo, the PDEA representative arrived and P01 Dela Rosa asked the accused if
he understood what he said.
Q: When the accused told you that he had an attorney, what happened afterwards, if
any?
A: P01 Dela Rosa told him that we will allow him to call his attorney.
Q: Did you hear the accused answer P01 Dela Rosa’s question?
A: Yes, the accused said that his name is Paolo D. Thirdy.
Q: After the accused told you his name, did anything happen afterwards?
A: Yes, I proceeded to mark the transparent plastic sachet that the accused handed me
after I gave him the marked money.
Q: During that time, aside from the accused, did anyone else see you mark the plastic
sachet the accused handed you?
A: Yes, because P01 Dela Rosa was beside the accused, as well as the confidential
informant. Beki Belo, the PDEA representative, was also there.
Q: I am showing to you a plastic sachet with the markings “01-10-17”, a signature, then
the letter “X.” What relation does this have, if any, to the sachet you marked that you
were talking about?
9
A: This is the same sachet that I marked, and that is my handwriting.
Q: There appears to be a signature between the date and the letter “X.” Do you
recognize this signature?
A: Yes, that is my signature.
Pros. : May we adopt the sachet as Exhibit “J” and the markings “01-10-
17,” signature and the letter “X” as testified to by the witness and request it
to be marked as Exhibit “J-1?”
Court: : Mark it.
Q: After you marked the plastic sachet that the accused gave you, did anything else
happen?
A: Yes, P01 Dela Rosa frisked the accused and aside from the marked money, he
found FOUR (4) transparent plastic sachets that appear to contain shabu. The contents
of the four sachets look the same as the contents of the plastic sachet I marked.
Q: What happened when P01 Dela Rosa found those four plastic sachets?
A: P01 Dela Rosa marked the four sachets in my presence, the accused’s and the
confidential informant’s.
Q: I am showing to you a plastic sachet previously marked as Exhibit “B”. What relation
does this have, if any, to the sachets that P01 Dela Rosa seized that you were talking
about?
A: This is the same first sachet that he marked, and that is his handwriting.
Q: I am showing to you a plastic sachet previously marked as Exhibit “C”. What relation
does this have, if any, to the sachets that P01 Dela Rosa seized that you were talking
about?
A: This is the same second sachet that he marked, and that is his handwriting.
Q: I am showing to you a plastic sachet previously marked as Exhibit “D”. What relation
does this have, if any, to the sachets that P01 DELA ROSA seized that you were talking
about?
A: This is the same third sachet that he marked, and that is his handwriting.
10
Q: There appears to be a signature in this sachet, marked as Exhibit “D-1.” Do you
recognize this signature?
A: Yes, that is P01 DELA ROSA’s signature.
Q: I am showing to you a plastic sachet previously marked as Exhibit “E”. What relation
does this have, if any, to the sachets that P01 DELA ROSA seized that you were talking
about?
A: This is the same fourth sachet that he marked, and that is his handwriting.
Q: You also made mention that the marked money was found in the accused’s pocket
when he was frisked. Is that correct?
A: Yes, ma’am.
Q: I am showing to you a photocopy of the 1,000-peso bill with Serial No. WZ338206,
previously marked as Exhibit “A” (original compared and admitted by the defense
counsel). What relation does this have, if any, to the marked money you were talking
about?
A: This is the same marked money.
Q: After P01 Dela Rosa marked these four sachets, did anything else happen?
A: Yes, P01 Dela Rosa took out a medium-sized zip-lock bag and placed the four
sachets he confiscated and the marked money from the accused inside the bag. He
also asked me to give to him the sachet I previously marked and placed it inside the zip-
lock bag. After placing the five sachets and the marked money inside, P01 Dela Rosa
closed and sealed the zip-lock bag.
Q: After P01 Dela Rosa sealed the zip-lock bag, what happened, if any?
A: P01 Dela Rosa gave the zip-lock back to me because he was the one leading the
accused to our car.
Q: Did you do anything with the zip-lock bag P01 Dela Rosa gave you?
A: I just held it with my left hand in front of my chest like this *demonstrates*
Q: After P01 Dela Rosa led the accused to your car, what else happened?
A: He made the accused sit behind the passenger’s seat. Then I gave him the zip-lock
bag.
Q: What did P01 Dela Rosa do when you gave him the zip-lock bag?
A: He sat beside the accused and held the zip-lock bag in front of him using his right
hand. I saw Beki Belo sit on the right side of the accused.
Q: After you saw Beki Belo, the accused and P01 Dela Rosa sit inside the car, what did
you do?
A: I closed the door beside P01 Dela Rosa and proceeded to driver’s seat to drive.
Q: Do you remember how long was the phone call PO1 Dela Rosa made to your police
station?
A: About a minute.
Q: After that phone call during your drive to your police station, did anything else
happen?
A: Yes, I heard PO1 Dela Rosa make another phone call.
Q: Why were you able to say that it must have been the accused’s counsel?
A: Because I heard PO1 Dela Rosa tell him that the accused got arrested and that we
are on our way to our police station. I also heard that the accused talk to the person on
the other line and said that he was arrested and that he needed his help.
Q: How long did it take for you to drive from the place of arrest to your police station?
A: About fifteen minutes.
Q: When you arrived at your police station, what happened afterwards, if any?
A: We went inside the police station and brought the accused in the information desk.
Q: How did you bring the accused inside the police station?
A: I held the accused’s right arm, because P01 Dela Rosa was holding the accused’s
left arm while holding the zip-lock bag in his right hand.
Q: Were there other people around the area where you brought the accused in the
police station when you arrived?
A: Yes, two police officers were there, with our Chief. I also saw Brgy. Captain Porki
Beans and ABS CBN reporter Gash Abelgash, Kelsi-Villanueva-Castro and Atty. Paul
Christopher Pineda.
Q: Who is Kelsi-Villanueva-Castro?
12
A: She is the DOJ representative.
Q: You made mention that you brought the accused to the information desk. What
happened after that?
A: I saw P01 Dela Rosa place the zip-lock bag that he was holding on top of the
information desk.
Q: While P01 Dela Rosa was doing that, did anything else happen?
A: Yes, during the same time, the accused, while I was still holding him, talked to his
counsel, Atty. Pineda.
Q: So the accused was able to confide with his counsel, Atty. Pineda?
A: Yes, Ma’am.
Q: How long did the accused and his counsel, Atty. Pineda talk?
A: Just for a couple of minutes.
Q: After the accused and his counsel confided, what did you do?
A: I helped PO1 Dela Rosa in preparing the documents regarding the arrest and started
making a physical inventory of the items we seized from the accused.
Q: You made mention that you also started making a physical inventory of the items
seized, what happened during that time?
A: In the presence of the accused, Paolo D. Thirdy; his counsel Atty. Pineda; Gash
Abelgash, the media representative; Kelsi-Villanueva-Castro, the DOJ representative;
Beki Belo, the PDEA representative; and Porki Beans, the barangay captain, we made
a physical inventory and took photographs of the items confiscated.
13
Q: How long did it take to make a physical inventory and the taking of the photographs
of the items confiscated?
A: It took around 30 minutes, because we had to finish preparing the documents I
mentioned earlier for those who are present to sign.
Pros. : May we adopt the signature above the type-written name PO1
PADRE BURGOS as testified to by the witness and request it to be
marked as Exhibit “F-2?”
Court : Mark it.
Pros. : May we adopt the signature above the type-written name PO1
PADRE BURGOS as testified to by the witness and request it to be
marked as Exhibit “H-1”?
Court : Mark it.
Q: After the physical inventory of the confiscated items, what happened, if any?
A: We turned over to the PDEA representative, Beki Belo, the confiscated items and
P01 DELA ROSA gave him the Request for Laboratory Examination for those items.
Q: What do you mean that you turned over the confiscated items to the PDEA
representative?
A: After the inventory, we placed the five previously marked transparent plastic sachets
in the zip-lock bag again and gave it to the PDEA representative.
Q: You made mention that you saw P01 P01 Dela Rosa give the PDEA representative a
Request for Laboratory Examination. I am showing to you a document denominated as
Request for Laboratory Examination dated 10 January 2017 previously marked as
Exhibit “I.” Kindly go over said document and tell us what relation this has to the
Request for Laboratory Examination that you mentioned?
A: This is the same document.
14
Q: After you turned over the confiscated and seized items, what happened?
A: P01 Dela Rosa was told to accompany Beki Belo to the Angeles Crime Lab for
laboratory examination and drug test.
No further questions.
15