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Republic of the Philippines

Department of Justice
PROVINCIAL PROSECUTION OFFICE OF BOHOL
City of Tagbilaran

NEW YORK POLICE STATION, BOHOL


Complainant,
For:
VIOLATION OF SECTION 5 and 11 of
R.A. 9165 AND SECTION 28,
V OF RA 10591

- versus ARTICLE
JED JOSHUA S. LIM
Respondent,
x--------------------------------------------------/

COUNTER-AFFIDAVIT
(For Respondent JED JOSHUA S. LIM)

I, JED JOSHUA S. LIM (hereinafter referred to as Respondent) Filipino of legal


age, and a resident of New York, Bohol after having been duly sworn in accordance with
law do hereby depose and say:

AT THE OUTSET I WOULD LIKE TO EMPHASIZE HOW COMPLETELY


SHAMELESS AND INCREDIBLE IT IS FOR THE HEREIN COMPLAINANTS TO
ALLEGE THAT I WAS INVOLVED IN THE SALE OF ILLEGAL DRUGS.

IF I WAS INVOLVED IN A BUY-BUST OPERATION WHY WAS I NOT


APPREHENDED? THE COMPLAINANTS WOULD HAVE THIS HONORABLE
OFFICE BELIEVE THAT IT WAS BECAUSE THEY TUMBLED AND CRASHED IN A
MUDDY PORTION. DID THE ENTIRE TEAM STUMBLE IN MUD THAT IT BECAME
IMPOSSIBLE FOR THEM TO APPREHEND ME?

XXX
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A buy-bust operation is a form of entrapment, in which the violator is


caught in flagrante delicto and the police officers conducting the operation
are not only authorized but duty-bound to apprehend the violator and
to search him for anything that may have been part of or used in the commission
of the crime. However, where there really was no buy-bust operation conducted,
it cannot be denied that the elements for illegal sale of prohibited drugs cannot
be duly proved despite the presumption of regularity in the performance of official
duty and the seeming straightforward testimony in court by the arresting police
officers. After all, the indictment for illegal sale of prohibited drugs will not have a
leg to stand on. (PP vs. De la Cruz, G.R. No. 185717, June 8, 2011)
XXX

1.

That I am the respondent in this utterly baseless Complaint filed against me for

Violations of Section 5 and 11 of R.A. 9165 AND Section 28, Article V of RA 10591.

2.

That I vehemently and categorically deny all the untrue allegations concocted by

the Complainantsto make it appear that I have violated the laws above-cited.

3.

That it must be emphasized that me and my son JOSHY LIM are the only lawful

occupants and residents of our house.

4.

That on 30 October 2014 I decided to visit and see the fighting cocks of my good

friend CARLO CARANDANG. And that my son was in the house when I decided to visit
and actually left the house at around 5:20 in the afternoon.

5.

That around 5:30 in the afternoon I arrived in the house of my good friend

CARLO CARANDANG. I went to his house to visit him and look at the fighting cocks in
his house. While I was there I also saw his neighbour who was also a good friend of
mine COBY RUBILLAR. I held the fighting cocks while having a leisure chit chat with
my good friend COBY RUBILLAR.

7.

That I want to be categorically clear that on 30 October 2014 I did not see any

police officer and that from 5:20 P.M. afternoon onwards I did not return to the premises
of my house. That is why it is simply incredible for the Complainants and Police Officers
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to allege that I was involved in the sale and possession of illegal drugs including
possession of illegal firearms. I do not have in my possession or in my house any illegal
drugs or illegal firearms. The said illegal drugs and illegal firearms were clearly planted
all of this was a set up to make it appear that I violated the mentioned laws.

8.

That I also want to be categorically clear that my mother Mrs. Juvy Lim is not a

lawful occupant of my house. The only lawful occupants of my house are me and my
son JOSHY LIM.

9.

That I have no personal knowledge as to what happened in our house during 30

October 2014 from 5:30 P.M. onwards because as I have already mentioned I WAS
NOT PHYSICALLY AND PERSONALLY THERE. I WAS NOT THERE WHEN ANY OF
THE SEVERAL ARMED MEN ARRIVED. I WAS NOT ALSO THERE WHEN AN
ALLEGED ILLEGAL SALE WAS CONSUMMATED.
WHICH BEGS THE QUESTION: IF I WAS REALLY INVOLVED IN A BUY-BUST
TRANSACTION WHY WAS I NOT APPREHENDED BY THESE ARMED MEN?

10.

That considering that I do not have any personal knowledge of what transpired I

am attaching in my counter-affidavit the affidavits of witnesses who were actually


present.

11.

That I am executing this affidavit in order to attest to the truth of the foregoing

facts, to pray for the immediate dismissal of these Complaints for being patently without
merit.

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IN WITNESS WHEROF, I have hereunto set my signature this


November 26, 2014 at Tagbilaran City, Bohol, Philippines.

JED JOSHUA S. LIM


Respondent
SUBSCRIBED AND SWORN to before me this March 26, 2015 at Tagbilaran City,
Bohol, Philippines. The Affiant JED JOSHUA S. LIM exhibited to me his Proof of Identity
This is to certify that I have examined the
affiant and I am convinced that he executed the foregoing affidavit freely and voluntarily
and that he fully understood its contents.

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