Republic of the Philippines
DEPARTMENT OF JUSTICE
OFFIC OF THE PROVINCIAL PROSECUTOR
Province of Cagayan
Tuguegarao City
PNP-PENABLANCA, NPS DOCKET-II-02-
INV-20E-00213
-versus- For
JERRY B. EDEN, Violation of RA
Respondent. 11332
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COUNTER- AFFIDAVIT
I, JERRY B. EDEN, of legal age, Filipino, and resident of
Cabbo, Penablanca, Cagayan, under oath, hereby depose and
state that:
1. I am the respondents in the above-captioned case
pending before this most Honorable Office;
2. I am charged with Violation of Section 9, RA 11332
entitled, “An Act Providing Policies and Prescribing
Procedures on Surveillance and Response to
Notifiable Diseases, Epidemics, and Health Events of
Public Health Concern, and Appropriating Funds
Therefor, Repealing for the Purpose Act No. 3573,
Otherwise Known as the "Law on Reporting of
Communicable Diseases". In the said law, there are
various acts cited which are prohibited. It is my basic
right to be informed of the nature or cause of accusation
against me. Without waiving this right however, I will
undertake to narrate here what really transpired. I am
illegally arrested. I am not doing any crime when the
Police Officers arrested me;
3. I work as a farm helper;
4. On April 10, 2020, armed with my quarantine pass and
wearing my face mask, I went to Nanguillattan,
Peñablanca, Cagayan to harvest corn;
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5. While we were buying food and medicine, Police Officers
of Peñablanca, Cagayan who were manning the Public
Market approached us and inquired of our quarantine
pass;
6. At around 12 noon, I went home to Cabbo. Upon
reaching the checkpoint in Camasi, Peñablanca,
Cagayan, I was stopped by the Police Officers of
Peñablanca manning the checkpoint;
7. They asked me of my quarantine pass which I showed to
them;
8. After showing it, the Police Officers still brought me to
the Police Station and told me to show the travel pass to
their Chief of Police;
9. I obliged, I went to the Police Station with the Police
officers and showed my travel pass to the Chief of Police.
They even had me sign documents in the station;
10. I thought everything was fine as they released me.
To my surprise however, I received a subpoena, hence
this Counter-Affidavit;
THE INSTANT CASE SHOULD BE DISMISSED
11. I am charged with violation of RA 11331. The
allegations in the complaint however do not speak of any
violation on my part of the said law;
12. The narrations averred in the criminal complaint do
not constitute an offense. There is no probable cause to
hold me for trial;
13. RA 11332 is entitled, An Act Providing Policies
and Prescribing Procedures on Surveillance and
Response to Notifiable Diseases, Epidemics, and
Health Events of Public Health Concern, and
Appropriating Funds Therefor, Repealing for the
Purpose Act No. 3573, Otherwise Known as the "Law
on Reporting of Communicable Diseases"
14. Under the said law, the following are the prohibited
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acts :
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Section 9 of RA 11332
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a) Unauthorized disclosure of private and
confidential information pertaining to a
patient’s medical condition or treatment;
b) Tampering of records or intentionally providing
misinformation;
c) Non-operation of the disease surveillance and
response systems;
d) Non-cooperation of persons and entities that
should report and/or respond to notifiable
diseases or health events of public concern;
and
e) Non-cooperation of the person or entities
identified as having the notifiable disease, or
affected by the health event of public concern.
15. Performing a livelihood activity is not one among the
prohibited acts. Actually, farming is one of the activities
that should remain unhampered per IATF Resolution No.
15, dated March 24, 2020;
16. I am not identified as having any notifiable disease
or having a covid-19 nor have been considered as person
under monitoring or person under investigation for a
possible infection of covid-19 since the start of the
enhanced community quarantine;
17. It cannot also be said that performing farming
activity amounts to non-cooperation;
18. The complaint affidavit alleges that I am not
observing social distancing;
19. Assuming without conceding that this is true and
that this act is violative of the law, the same is a bare
allegation of the Police Officers that deserves not even a
scant consideration as there is no evidence to support
such allegation;
20. With all the foregoing, I am humbly stating that
there is no enough ground to hold me for trial for the
crime charged. I respectfully plead that I should be
spared from the rigors of a long, protractive and
expensive trial;
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21. I did not do anything to warrant a case to be filed
against us under this law;
22. All told, I pray that this counter-affidavit merits the
kind consideration of this Most Honorable Office and that
an Order dismissing the instant case against me be
issued;
23. I execute this affidavit to attest the truthfulness of
the foregoing which was fully explained to me in Tagalog
and to support my prayer that the instant criminal
complaint against me be dismissed immediately.
IN WITNESS WHEREOF, I affixed my signature this
_________________ day of July 2020 in Tuguegarao City,
Cagayan, Philippines.
JERRY B. EDEN
Respondent
SUBSCRIBED AND SWORN TO before me this ________
day of July 2020 in Tuguegarao City, Cagayan, Philippines.
Copy furnished:
PNP-PENABLANCA
Centro, Alcala, Cagayan
