GROUP 3

Cariño, Erika
Llenos, Theresiana
Nojara, Joyce
Perdido, Raguelle
Ruanto, Bettina

DIRECT EXAMINATION
PCp. Erik Marshall

COURT:
Call the case.

COURT INTERPRETER:
Criminal Case No. 12345, People of the Philippines versus Ted
Mosby y Harris.

COURT:
Appearances.

PUBLIC PROSECUTOR:
Respectfully appearing for the government, we are ready, Your
Honor.

COUNSEL FOR THE ACCUSED:

COURT:
We have Police Officer Erik Marshall for direct examination.

PUBLIC PROSECUTOR:
Yes, Your Honor.

COURT:
You may take the witness stand.

Swear in the witness.

COURT INTERPRETER:
Q. Do you swear to tell the truth, and nothing but the whole truth in
this case?

WITNESS:
A. Yes, I do.
COURT INTERPRETER:
Please state your name, age, address and other personal
circumstances.

WITNESS:
A. PCp. Erik Marshall, 39 years old, assigned to Regional Police
Drug Enforcement Unit 8, Ermita Police Station, U.N. Avenue, Ermita, Manila.

COURT:
Duly noted.

PUBLIC PROSECUTOR:
Your Honor, we are offering the testimony of this witness, to
prove that he is the police officer who posed as the poseur buyer and effected
the arrest of the accused Ted Mosby y Harris for Violation of Section 5, Article
II, R.A. 9165; to identify the accused and evidence relative to this case, and to
prove other matters pertinent and relevant to the Information for the said
offenses, Your Honor.

COURT:
You may proceed, Fiscal.

PUBLIC PROSECUTOR:
Q. Mr. Witness, relative to the case, do you know the accused, Mr.
Ted Mosby y Harris?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. In relation to this case, Mr. Witness, do you remember having
executed any joint affidavit?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. If shown to you, will you be able to identify said affidavit?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
 Q. Showing to you Exhibit “A” consisting of three (3) pages, is the
same affidavit that you said you executed?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. On the second page, Mr. Witness, there are signatures, whose
signatures are those?

WITNESS:
A. My signature, Pcp. Erik Marshal, then the signatures of my co-
police officer, Police Officer Carson Herrera.

PUBLIC PROSECUTOR:
Q. Why do you know that these are their signatures?

WITNESS:
A. Magkakasama po kami noong pinirmahan namin yung
dokumento, Ma’am.

PUBLIC PROSECUTOR:
Q. Your Honor, the witness identified Exhibit “A” and also his
signature which was already marked as Exhibit “A-1”, Your Honor.

COURT:
Noted.

PUBLIC PROSECUTOR:
Q. Have you read the contents of this Affidavit, Mr. Witness?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. Do you affirm the truthfulness of this Affidavit?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. Your Honor, we will be adopting this Affidavit as part of his direct
testimony, and may we be allowed to ask additional direct, Your Honor.

COURT:
 You may proceed, Fiscal.

PUBLIC PROSECUTOR:
Q. In this Affidavit, you said you were able to recover items from
Ted Mosby?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. What are those items?

WITNESS:
A. Six (6) heat sealed transparent plastic sachets containing white
crystalline substance suspected to be shabu and one (1) genuine Php1,000 bill.

PUBLIC PROSECUTOR:
Q. If shown to you, will you be able to identify said items?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. How can you identify them, Mr. Witness?

WITNESS:
A. I affixed my signature on the items I recovered, Ma’am.

PUBLIC PROSECUTOR:
Q. What else aside from your signature?

WITNESS:
A. I put the initials “FDM”, Ma’am.

PUBLIC PROSECUTOR:
Q. In this Affidavit, you said a buy-bust operation was conducted,
why is that?

WITNESS:
A. May nag-punta po na confidential informant sa aming opisina
tungkol sa pag-bebenta ng shabu di umano ni Ted Mosby, Ma’am.

PUBLIC PROSECUTOR:
Q. Did you conduct a briefing before you underwent this operation?
WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. Who was with you when you conducted this briefing?

WITNESS:
A. The Chief of our Regional Police Drug Enforcement Unit, Police
Officer Carson Herrera and the rest of the operating team, Ma’am.

PUBLIC PROSECUTOR:
Q. What is your participation in the buy-bust operation, Mr. Witness?

WITNESS:
A. Ako po ang itinalaga ng aming Chief bilang poseur buyer sa buy-
bust operation, Ma’am.

PUBLIC PROSECUTOR:
Q. Showing to you Exhibit “B”. Can you identify this item?

WITNESS:
A. Yes, Ma’am. Iyan po yung report na nagsasabi na nakipag-
coordinate ho kami sa PDEA bago ang buy-bust operation.

PUBLIC PROSECUTOR:
Witness identified Pre-Ops No. 31113-012023-6789, marked as
Exhibit “B”, Your Honor.

We request for the marking of Exhibit “B”, Your Honor.

COURT:
Mark it. Proceed.

PUBLIC PROSECUTOR:
Q. Mr. Witness, where did you and your team conduct the buy-bust
operation?

WITNESS:
A. Inside the residence of the accused, Ma’am, at #3 Majalay St.,
Brgy. 69, Sampaloc, Manila.

PUBLIC PROSECUTOR:
 Q. How were you able to go inside the residence of the accused,
Mr. Witness?

WITNESS:
A. Kasama po namin ang confidential informant, Ma’am. Tinawagan
po niya ang akusado at inimbitahan po kami ng akusado sa loob ng kanyang
bahay.

PUBLIC PROSECUTOR:
Q. In this Affidavit, you said you handed the accused the buy-bust
money, why is that?

WITNESS:
A. Pinakilala ho ako nung confidential informant sa akusado ng
bibili ng shabu. Unang hiningi ng akusado ang bayad bago nya ibigay ang
shabu, kaya’t inabot ko sa kanya ang buy-bust money.

PUBLIC PROSECUTOR:
Q. You mentioned the items you said you recovered from accused
Ted Mosby which you said you marked “FDM”. If shown to you, will you be able
to identify those items?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. Showing to you Exhibit “C”. What is the relation of these items
with the items you said you recovered from accused Ted Mosby?

WITNESS:
A. These are the items recovered from the accused and these are
the initials.

PUBLIC PROSECUTOR:
Q. You said heat-sealed transparent plastic sachets with markings
“FDM1”, “FDM2”, “FDM3”, “FDM4”, “FDM5”, and “FDM6” were recovered?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. Can you point out where these transparent plastic sachets are?

WITNESS:
A. Yes, Ma’am.
PUBLIC PROSECUTOR:
Q. Mr. Witness pointing to Exhibit “C”.

Your Honor, permission to open the transparent plastic bag with

COURT:
A. All right. We will note that the public prosecutor opened the
transparent plastic sachets allegedly recovered by the witness. And the public
prosecutor is placing them on the table one by one for identification purposes.

PUBLIC PROSECUTOR:
Q. Mr. Witness, you mentioned these transparent plastic sachets.
What are the contents of these sachets, if any?

WITNESS:
A. Each transparent plastic sachets contains white crystalline
substance believed to be shabu, Ma’am.

PUBLIC PROSECUTOR:
Your Honor, I am opening the transparent plastic sachets. Inside
each of the transparent sachets is shabu.

Q. What is the relation of these transparent plastic sachets you said

Are those the same sachets, Mr. Witness?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. How did you know that these are the same six sachets?

WITNESS:
A. Dahil ako po yung naglagay ng markings sa sachets, Ma’am.

PUBLIC PROSECUTOR:
Q. What are those markings again, Mr. Witness?

WITNESS:
A. “FDM1”, “FDM2”, “FDM3”, “FDM4”, “FDM5”, and “FDM6”.

PUBLIC PROSECUTOR:
 Q. You also mentioned a buy-bust money that you recovered from
the accused. Can you identify that item?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. Showing to you a plastic sachet marked Exhibit “D”. What is the
relation of this item with the items you just mentioned?

WITNESS:
A. Iyan po yung buy-bust money. Nakuha ko rin ho iyan sa
akusado, Ma’am.

PUBLIC PROSECUTOR:
Q. How much?

WITNESS:
A. One piece of Php 1,000 bill, Ma’am.

PUBLIC PROSECUTOR:
Q. How did you know that those were the same items?

WITNESS:
A. Ako rin ho yung naglagay ng markings na “AS111561”.

PUBLIC PROSECUTOR:
Witness has identified, Your Honor, Exhibit “D”.

Your Honor, may we request for sub-marking of the items

COURT:
Sub-mark the items.

PUBLIC PROSECUTOR:
The six transparent plastic sachets be marked as Exhibits “C-1”,
“C-2”, “C-3”, “C-4”, “C-5”, and “C-6” respectively.

COURT:
The six plastic sachets as “C-1” to C-6”. Proceed.

PUBLIC PROSECUTOR:
The Php 1,000 bill be marked as Exhibit “D”
COURT:
The Php 1,000 bill as “D”. Proceed.

PUBLIC PROSECUTOR:
Q. Mr. Witness, where was the accused at that time you placed the
markings on these items that you recovered from him?

WITNESS:
A. Sa bahay po ng akusado, sa Majalay St., Brgy. 69, Sampaloc,
Manila.

PUBLIC PROSECUTOR:
Q. In your affidavit, you said witnesses were present during the
marking?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Q. What is your proof that witnesses were present during the
marking?

WITNESS:
A. The Media Explanation, Ma’am.

PUBLIC PROSECUTOR:
Q. Showing to you Exhibit “E”, what is the relation of this Exhibit “E”
with the Media Explanation?

WITNESS:
A. Iyan po yung eksplanasyon na nandon po ang mga witnesses
noong nagma-marking ho ako ng mga nakuha ko sa akusado, Ma’am.

PUBLIC PROSECUTOR:
Q. What is your proof that it was witnessed by representative of the
media, Mr. Witness?

WITNESS:
A. Ito po ang pirma ni Ivan Trajano.

Ito naman ho ang aking pirma, pati na rin ang pirma ng aking
kasama na si police officer Carson Herrera.

PUBLIC PROSECUTOR:
 Your Honor, may we request for further marking of Exhibit “E”.
The signature of the media representative Exhibit “E-1” and the signature of
Herrera as Exhibit “E-2”.

COURT:
Sub-mark the signatures.

PUBLIC PROSECUTOR:
Q. What happened after you turned over to the investigator those
recovered items that you mentioned?

WITNESS:
A. The investigator who was on duty asked me, the poseur buyer, to
bring the evidence to the MPD Forensic Unit.

PUBLIC PROSECUTOR:
Q. What is your proof that the evidence was sent to the MPD
Forensic Unit?

WITNESS:
A. There was a laboratory request made from our office.

PUBLIC PROSECUTOR:
Q. Showing to you Exhibit “F”, what is the relation of this Exhibit “F”
with the laboratory request you mentioned?

WITNESS:
A. Iyan po yung laboratory request na ginawa at ipinadala sa
Forensic Unit para malaman kung ipinagbabawal na gamot ang laman nung
mga nakuha sa akusado, Ma’am.

PUBLIC PROSECUTOR:
Q. What is your proof that it was the same items that you recovered
from the accused?

WITNESS:
A. It was signed by our police captain, Capt. Co.

PUBLIC PROSECUTOR:
Your Honor, may we request for the further marking of Exhibit
“F”, the laboratory request; and the signature of the police captain, Exhibit “F-1”.

COURT:
Sub-mark the signatures.
PUBLIC PROSECUTOR:
Q. Do you know what was the result of the submission of these
items to the crime laboratory?

WITNESS:
A. As I can remember, it gave positive results for the presence of
methamphetamine hydrochloride or shabu.

PUBLIC PROSECUTOR:
Q. What is your basis for saying that it was positive, Mr. Witness?

WITNESS:
A. The chemistry report issued by the crime laboratory, Ma’am.

PUBLIC PROSECUTOR:
Q. Showing to you Exhibit “G”, is this the same crime laboratory
result that you are referring to?

WITNESS:
A. Yes, Ma’am.

PUBLIC PROSECUTOR:
Witness identified Chemistry Report No. D-123456, marked as
Exhibit “G”, Your Honor.

We request for the marking of Exhibit “G”, Your Honor.

COURT:
Mark it.

PUBLIC PROSECUTOR:
I think I have no further questions on direct, Your Honor.

COURT:
Ready to cross?

COUNSEL FOR THE ACCUSED:

COURT:
We note the request of the defense counsel to furnish her copy
of some documents attached to the records.