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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
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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.

_________________