Republic of the PhilippinesNinth Judicial Region

REGIONAL TRIAL COURTZamboanga City, Branch 3

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Crim. Case. No. 12-345 and 12-346FOR: Violations of Sec. 5 and 11 ofR.A. 9165

JOSE “BEBE” DELA CRUZ,Accused.

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JUDICIAL AFFIDAVIT OF THE WITNESSGREG LEDESMA

This Judicial Affidavit of the accused, Greg Ledesma, is executed to serve as his direct testimony in the instant case. This Judicial Affidavit is offered to prove that no buy-bust operation was actually conducted; instead, the accused was forced to place his finger prints in the allegedly recovered sachet of “shabu” and the marked FIVE HUNDRED PESO BILL;

QUESTIONS were propounded by plaintiff’s counsel, Atty. Varellie Vargas in English, which the affiant fully understands, while the ANSWERS were given by the witness GREG LEDESMA in Tagalog, and the corresponding translation of his Answers is provided after each question.

1. Do you swear to tell the truth, the whole truth and nothing but the truth?

Answer: I do.

2. Are you aware that you may face criminal liability for false testimony or perjury if you will not tell the truth?

Answer: I am.

3. Please state your name, age, address and occupation.

Answer: I am GREG LEDESMA, Filipino, 30 years old and a resident of PO box 200, Camanchile Drive, Zone 3, Zamboanga City. I am currently unemployed.

4. Please tell me how you are related to the accused.

Answer: I am his next-door neighbor.

5. Where were you at the time of the alleged sale of prohibited drugs?

Answer: I was with Jose “Bebe” Dela Cruz in their house watching television when the alleged sale happened.

6. Can you describe what happened during the day of the alleged sale?

Answer: Yes. We were watching television when a man knocked on the gate of Bebe’s house. We both went to the gate. Bebe slightly opened the gate and asked the person to identify himself. That person said that he was a policeman. Bebe let him in. He then asked Bebe to hold a small plastic bag which Bebe held after being taunted with a gun. He then gave Bebe Five Hundred Pesos for holding the bag. After a few minutes, more policemen barged in and arrested Bebe. I tried to stop the policemen, but they easily outnumbered me, forcefully pushing me away while holding guns against my face.

7. How far were you from Bebe and the police officer?

Answer: Not far. I was just a foot or two away from them. I can clearly see the commotion and hear what they were saying.

8. What did the police officer tell Bebe before handing the plastic bag?

Answer: He said “pakihawakan muna ‘to” while handing Bebe the small plastic bag. When Bebe refused, he raised his voice, waved his gun threateningly and said, “hawakan mo to kung ayaw mo ng problema”.

9. When handing the Five Hundred Peso bill, what did the policeman say?

Answer: He handed Bebe the Five Hundred Peso bill, took the plastic bag, and said, “salamat sa kooperasyon”. After about two minutes, other policemen barged into the scene.

10. Aside from you, Bebe and the police officer, were there other people inside the house?

Answer: None.

IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January 2015 at Zamboanga City.

GREG LEDESMAAFFIANT

SUBSRIBED AND SWORN to before me this 14th day of January 2015 at Zamboanga City.

VARELLIE C. VARGASCOUNSEL FOR THE ACCUSED

2nd Floor BGIDC BuildingGov. Lim Avenue, Zamboanga City

Roll No. 123456 / 5-2-12IBP No. 891011 / 12-29-14PTR No. 654321 / 12-29-14

MCLE Compliance No. 110198 / 01-05-2015

Doc No: 13Page No: 29Book No: VIIISeries of 2015.

I, ATTY. VARELLIE VARGAS, of legal age, Filipino, with postal address 2nd Floor BGIDC Building Gov. Lim Avenue, Zamboanga City, after being duly sworn depose and say that:

1. I was the one who conducted the examination of witness Greg Ledesma at my aforementioned office 2nd Floor BGIDC Building Gov. Lim Avenue, Zamboanga City;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave; and,

3. I or any other person then present or assisting me did not coach the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 14th

day of January 2015 at Zamboanga City Philippines.

ATTY. VARELLIE VARGASAFFIANT

SUBSCRIBED AND SWORN to before me this 14th day of January 2015 at Zamboanga City, Philippines, affiant exhibiting her IBP ID No. 891011 issued at Zamboanga City on December 06, 2014.

ATTY. BENSAUD O. DEGUSMANNOTARY PUBLIC

Commission Serial Number: 123221Notary Public for Zamboanga City

Until December 31, 2015Nunez St. Zamboanga City

Roll No: 99821IBP Lifetime Roll No: 22314, 1/2/12; Zamboanga City

Professional Tax Receipt No: 23142; 12/2/15; Zamboanga CityMCLE Compliance Certificate No.: 214142; 12/2/15.

Doc No: 53Page No: 26Book No: XIXSeries of 2015.