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    Counter Affidavit Against A Cyberlibel Complaint

    Uploaded by

    GP Buhangin
    Sample form of a Counter Affidavit to a complaint for Cyberlibel. Defense against complaint for cyber libel in the Philippines.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Counter Affidavit Against A Cyberlibel Complaint

    Uploaded by

    GP Buhangin
    13K views2 pages
    Sample form of a Counter Affidavit to a complaint for Cyberlibel. Defense against complaint for cyber libel in the Philippines.

    Original Title

    Counter Affidavit against a Cyberlibel Complaint

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    Sample form of a Counter Affidavit to a complaint for Cyberlibel. Defense against complaint for cyber libel in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    13K views2 pages

    Counter Affidavit Against A Cyberlibel Complaint

    Uploaded by

    GP Buhangin
    Sample form of a Counter Affidavit to a complaint for Cyberlibel. Defense against complaint for cyber libel in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Page 1 of 2

    REPUBLIC OF THE PHILIPPINES)


    IN THE CITY OF _________ ) SS.
    X---------------------X

    COUNTER-AFFIDAVIT

    I, XXX, Filipino, of legal age, married and a resident of (insert


    name of city/municipality) City after having been sworn in accordance
    with law, upon my oath do hereby state:

    1. That I may be served with copies of the subpoenas, orders,


    resolutions and other processes of this Honorable Office at the
    following address (insert address);

    2. That I personally know the COMPLAINANT MMM who is of


    legal age, Filipino and a resident of _____ City;

    3. That I am the same XXX who is one of the respondents in


    NPS Docket No. 111 now pending before this Honorable Office;

    That Complainant MMM is accusing me of violating Section 4 (4)


    of R.A. 10175 for Libel for a facebook post authored by someone
    else.

    4. That to my understanding and as explained to me by my legal


    counsel who also gave me a copy of the Supreme Court case, the
    Supreme Court as early as February 11, 2014, in the case of DISINI
    vs.THE SECRETARY OF JUSTICE, G.R. No. 203335, has already
    declared that Section 4(c)4 of Republic Act (R.A.) 10175, the
    Cybercrime Prevention Act of 2012 -:

    “Section 4(c)(4) that penalizes online libel as VALID and


    CONSTITUTIONAL with respect to the original author of the post; but
    VOID and UNCONSTITUTIONAL with respect to others who
    simply receive the post and react to it;”

    5. That as explained also to me by my counsel, the


    implementing rules and regulation of R.A. 10175, Rule 2, Section 5 (3)
    also specifically punishes only the original author of the libelous post
    and I am copying here the particular provision of the Implenting Rules
    and regulations -

    Section 5. Other Cybercrimes. – The following


    constitute other cybercrime offenses punishable under the
    Act:
    1. Xxx
    2. xxx
    3. Libel – The unlawful or prohibited acts of libel, as
    defined in Article 355 of the Revised Penal Code, as
    amended, committed through a computer system or any
    other similar means which may be devised in the future
    shall be punished with prision correccional in its maximum
    period to prision mayor in its minimum period or a fine
    Page 2 of 2

    ranging from Six Thousand Pesos (P6,000.00) up to the


    maximum amount determined by Court, or both, in
    addition to the civil action which may be brought by the
    offended party: Provided, That this provision applies
    only to the original author of the post or online libel,
    and not to others who simply receive the post and
    react to it.

    6. That as complainant herself claimed, I am not the original


    author of the alleged libelous facebook post and in fact, complainant in
    Annex E to E-1 of her Affidavit-Complaint, attached an
    unauthenticated screenshot of what appears to be merely a
    shared facebook post;

    7. That as I am not the original author of the alleged libelous


    post, and as the Supreme Court itself has already declared that cyber
    libel is void and unconstitutional with respect to others who simply
    receive the post and react to it, there can be no libel committed on my
    part;

    8. I am executing this affidavit to attest to the truth of the


    foregoing facts and for the purpose of causing the dismissal of the libel
    complaint filed against me by MMM;

    IN WITNESS WHEREOF, I have hereunto set my hand this


    INSERT DATE at INSERT CITY OR MUNICIPALITY City, Philippines.

    XXX
    Affiant

    SUBSCRIBED AND SWORN to before me this INSERT DATE in


    INSERT City, Philippines. I hereby certify that I have personally
    examined the affiant and that I am satisfied that she voluntarily
    executed and understood the contents of her affidavit.

    _________________

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