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Republic of the Philippines.)

City of Zamboanga……..….)S.S.
x--------------------------------------x

JUDICIAL - AFFIDAVIT OF ANDY LIM y DY

PRELIMINARY STATEMENT

This Affidavit is executed by ANDY LIM y DY in answer to

questions propounded to her by ATTY. MADONA NENIVETTE G
CADELINIA on the 6th day of January 2019 at the latter’s office address
at Petit Barracks, Zamboanga City, Philippines. The questions were
asked in English and answered in English, a language known to the
affiant. The affiant expressly manifested that he is answering the
questions asked of him, fully conscious that he is doing so under oath
and that he may face criminal liability for false testimony or perjury.

This testimony is being offered to prove that ANDY DY y LIM did

not have the intent to kill his wife, Kathy Ting-Lim, hence cannot be
prosecuted for Frustrated Parricide.

QUESTIONS and ANSWERS:

Q-1: Please state your name and other personal circumstances for the
record.
A-1: I am ANDY DY LIM, 30 years old, married, and a resident of
Culianan, Zamboanga City. I am working as a Medical Sales
Representative at One Pharma, Inc.

Q-2: What is the purpose of your visit to this office?

A-2: I am here to give my voluntary statement in relation to the
Frustrated Parricide case filed against me.

Q-3: What is your relationship with one Kathy Ting Lim?

A-3: She is my wife.

Q-4: When were you married?

A-4: We were married last June 15, 2015.

Q-5: Do you have any child or children?

A-5: None to date Ma’am.
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Q-6: How is your relationship with your wife since the time you got
married?
A-6: It is good. Though we don’t have a perfect marriage, we still
manage to get through as a family.

Q-7: Why do you say that you don’t have a perfect marriage?
A-7: The first years were sweet but later there were times when we
would argue. She nags at me about having another woman but at
the end of the day, I always choose to understand her because I
know she is going through something.

Q-8: May I know if what is she going through?

A-8: According to her Psychiatrist, Dr. Myra E. Santos, she is suffering
from Severe Depression Ma’am.

Q-9: Since when?

A-9: She was diagnosed with severe depression last October 2017.

Q-10: Did you happen to know what the cause was?

A-10: According to her psychiatrist, one reason was our difficulty having
a child since she always wanted to have a baby.

Q-11: What did her psychiatrist advice you?

A-11: She told me to always look after my wife and understand her.

Q-12: What did you do after learning that she is suffering from severe
depression?
A-12: I took extra care of her considering her situation.

Q-13: What else did you do?

A-13: Since I am always away for work, I made sure that she got a
company while I and her sister were not around which is why we
decided to hire a helper at home in the person of Marlyn F. Garcia.

Q-14: Where were you at or about 1:00pm of December 17, 2018?

A-14: I was at home and I was about to leave for work.

Q-15: Did anything transpire that time?

A-15: Yes Ma’am.
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Q-16: What was it?

A-16: My wife started to nag at me as she would always do every time I
am about leave to house.

Q-17: What was she nagging about?

A-17: That I am having an affair with another woman. She insists that
whenever I leave the house, I am seeing another woman. She told
me that I should just kill her instead to end it all.

Q-18: How did she say it?

A-18: “Patayin mo na lang kaya ako”.

Q-19: What was your response?

A-19: I answered “Bakit mo naman hinihiling sa akin na patayin na lang
kita?”.

Q-20: What did you do after?

A-20: I hugged my wife and left.

Q-21: Who were with you that time in the house?

A-21: There were four of us. I was with my wife, her sister Kaori and our
helper who happened to be at the back of the house doing the
laundry.

Q-22: Where was Kaori then?

A-22: She was at the bathroom.

Q-23: Was she at the bathroom the entire time you and your wife were
talking?
A-23: No. She came out when I was already about to leave.

Q-24: So she did not hear anything?

A-24: I believe she only came out when I was uttering the words
…”patayin na lang kita?” and that is all she heard which she mistakenly
interpreted as me threatening to kill her sister.

Q-25: Why do you say that she mistakenly interpreted it?

A-25: Because what I really said was “Bakit mo hinihiling sa akin na
patayin na lang kita?” as a response to what my wife said “patayin mo
na lang kaya ako”.
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Q-26: Did anything else transpired that day, if there are any?
A-26: Yes Ma’am.

Q-27: What was it?

A-27: At or about 5:30 pm, I was at the ABC Department Store Ma’am.

Q-28: What were you doing there?

A-28: I was there to buy some toiletries for my trip the next day.

Q-29: Where were you going then?

A-29: I will be attending a conference in Dipolog City from December 18-
19, 2018.

Q-30: What is this conference that you are referring to?

A-30: It is the Annual Medical and Pharmaceuticals Conference
attended by Medical Sales Representatives in the region.

Q-31: Do you have any proof to show that indeed you attended said
seminar?
A-31: Yes Ma’am.

Q-32: What is it?

A-32: I have my Certificate of Attendance.

Q-33: If that Certificate will be shown to you, will you be able to identify?
A-33: Yes Ma’am.

Q-34: How?
A-34: My name appears on that Certificate.

Certificate of Attendance is attached as “ANNEX 1”.

Q-35: What else happened while you were at the ABC Grocery Store, if
there is any?
A-35: After buying the things I need, when I was already in my car and
was about to leave, I received a text message from my wife asking
me to buy some milk and oxalic acid.

Q-36: Do you have any proof to show that she indeed texted you to buy
milk and oxalic acid?
A-36: Yes Ma’am.
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Q-37: What is it?

A-37: I have a screenshot of her message Ma’am.

Q-38: If the picture of that screenshot will be shown to you, will you be
able to recognize it?
A-38: Yes Ma’am.

Q-39: Why?
A-39: Because I personally captured said screenshot.

A screenshot of the text messages is attached as “ANNEX 2”.

Q-40: After receiving the text message from your wife, what did you do
next?
A-40: I alighted from my car and went back to the grocery store.

Q-41: What happened next?

A-41: While I was already falling in line at the cashier with the milk and
oxalic acid, Jungha Sung was also there and we had a small talk.

Q-42: Who is this Jungha Sung?

A-42: He is our family friend.

Q-43: What did you do you after having a small talk with Jungha Sung
and paying?
A-43: I went home.

Q-44: What time did you arrive at your home?

A-44: Around 7:30 pm Ma’am.

Q-45: What did you do then?

A-45: I gave the milk and oxalic acid which my wife asked me to buy.

Q-46: What happened next?

A-46: After we had our dinner, I prepared my things for the trip. Then, I
already went to bed because I had to leave early for the trip.

Q-47: What time did you leave?

A-47: I left the house at 3:00am.

Q-48: Where were you then at or about 9:30pm of December 19, 2018?
A-48: I was at our house.
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Q-49: What were you doing then?

A-49: I and my wife were at the living room.

Q-50: What were you doing?

A-50: We were watching TV.

Q-51: And then what happened?

A-51: I went to the kitchen to prepare milk for my wife. I turned the light
on but it turned out that the light bulb was already busted.

Q-52: Why did you prepare milk for your wife?

A-52: It is what I always do whenever I come back from a trip to make it
up to her for the days I am away.

Q-53: What happened next?

A-53: From the kitchen, I asked her where the sugar was and she told
me that it is it is on the right side of the sink in a plastic container.

Q-54: What happened then?

A-54: After preparing the milk, I went back to the living room and handed
to her the milk.

Q-55: Did she drink the milk?

A-55: Yes Ma’am.

Q-56: What happened after she drunk the milk?

A-56: After drinking about half of the glass, she immediately took hold of
her stomach as if she was in pain and she fell and lose consciousness.

Q-57: What did you do?

A-57: I tried to wake her up but she was not responding so I decided to
immediately bring her to the hospital using my car.

Q-58: Did you not call an ambulance?

A-58: Her sister, who just arrived from her duty, called an ambulance but
I told her that it would be better if we bring her to the hospital right away.

Q-59: Why did you decide to bring her using your car and not wait for
the ambulance?
A-59: Because it might take some time before the ambulance will arrive
considering the distance of our residence. And I can’t stand seeing my
wife like that without doing anything.
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Q-60: Where did you bring your wife?

A-60: I rushed her to Doctor’s Hospital.

Q-61: Why did you bring her there instead of ZamPen Medical Center
which is the nearer hospital?
A-61: ZamPen was new then. And Doctor’s Hospital has always been
our family’s hospital of choice because of its prompt response to
medical emergencies.

Q-62: What happened when you arrived at the hospital?

A-62: She was treated accordingly.

Q-63: While she was at the hospital, what did you do if there is any?
A-63: I took care of her the entire time while she was at the hospital until
her recovery.

Q-64: Do you have anything more to add to your statements?

A-64: No more Attorney.

ANDY DY LIM
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public

for and in the City of Zamboanga, this 6th day of January 2019, affiant
exhibited competent evidence of her identity in the form of her SSS ID
1234504321.

ATTY. MADONA NENIVETTE G. CADELINIA

Roll No. 72193-09/28/07
PTR No. 987654 / January 4, 2019 - Z.C.
IBP No. 1234/ January 4, 2019 – ZAMBASULTA
MCLE 5th Compliance No. 000335 /04-28-2015 to 04-28-2018

Doc. No. _______

Page No. _______
Book No. _______
Series of 2019
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ATTESTATION

I, ATTY. MADONA NENIVETTE G. CADELINIA, of legal age,

Filipino, single, and with office address at Petit Barracks, Zamboanga
City, Philippines, do hereby depose and state, that:

1. I faithfully recorded or caused to be recorded the questions

asked and the corresponding answers that the witness gave in
accordance with Section 4 of A.M. No. 12-8-8-SC otherwise
known as the Judicial Affidavit Rule;

2. Neither I nor any other person then present or assisting with the
above-stated Judicial Affidavit coached the witness regarding
the answers given by the latter;

3. I am executing this Affidavit to attest to the authenticity,

genuineness, and veracity of the facts laid down in the
above Judicial Affidavit of the witness for whatever legal
purpose it may serve within the boundaries set forth by
law.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

th
6 day of January 2019 in the City of Zamboanga, Philippines.

ATTY. MADONA NENIVETTE G. CADELINIA

Roll No. 72193-09/28/07
PTR No. 987654 / January 4, 2019 - Z.C.
IBP No. 1234/ January 4, 2019 – ZAMBASULTA
MCLE 5th Compliance No. 000335 /04-28-2015 to 04-28-2018

Subscribed and sworn to before me this 6th day of January 2019 in

the City of Zamboanga, Philippines.

ATTY. JANETTE A. DIAZ

Roll No. 65413-09/28/05
PTR No. 3138957 / January 4, 2019 - Z.C.
IBP No. 965874 / January 4, 2019 - ZAMBASULTA
MCLE 5th Compliance No. 000335 /04-28-2015 to 04-28-2018

Doc. No. _______

Page No. _______
Book No. _______
Series of 2019