A lawyer of Cebu-based businessman Peter Lim, who is facing a complaint for violation of the Comprehensive Dangerous Drugs Act, branded as “highly irregular” the move of the Criminal Investigation and Detection Group (CIDG) to have its witness sworn to an affidavit “that does not even exist.”
During Wednesday’s preliminary investigation, the CIDG asked the panel of prosecutors from the Department of Justice (DOJ) to allow Marcelo Adorco to subscribe to his affidavit supporting his reply to Lim’s counter-affidavit.
But the CIDG admitted that the document is still being prepared.
“They are asking that Adorco subscribe to a document that does not yet exist. This is highly irregular,” Atty. Magilyn Loja, counsel for Peter Lim, said as she pointed out that the police should provide them and the prosecutors with a copy of the document that Adorco will subscribe.
“They are doing this for convenience because Adorco will be going back to Leyte,” she added.
“Pano masasabi ng panel na voluntary ang execution ng document, na naiintindihan niya ang contents ng document kung hindi pa existing yung document? That is not proper,” she told reporters.
(How can you say that the execution of the document was voluntary, that he fully understands the contents of the document if it does not yet exist?)
Adorco is the one who identified Lim as the supplier of illegal drugs to the group of Kerwin Espinosa operating in the Visayas region.
Assistant State Prosecutor Aristotle Reyes denied the request of the CIDG.
“What is that affidavit? They said it is a reply [but] where is the reply? They still have to submit it so this is premature. This is not proper,” he said.
The DOJ prosecutors instead required the CIDG to ensure Adorco’s presence at the next hearing on Sept. 12 to sign his reply affidavit before the panel of prosecutors.
READ: DOJ orders CIDG to present key witness vs Peter Lim
“Peter Lim went here to subscribe his affidavit. The proper procedure is for you to again bring Adorco here and have him subscribe his (reply) affidavit,” Reyes said. JPV