13 May 2022

TO: Ms. CRIZTAL LEIGH PILAR

RE: CEASE AND DESIST LETTER

Dear Ms. Pilar,

I write on behalf of my client, Lois Conrad Lim (hereinafter “client” or “Jboy

Gaming”). This letter is in regard to your activity of posting malicious, and unfounded
imputations in social media that caused and have been causing substantial/reputational
harm to my client, who is a professional streamer. It has come to our attention that
you have been wrongfully spreading inaccurate and unfounded information on social
media, particularly on Facebook, that has been damaging to my client’s reputation.
Copies of the screenshots of your social media posts are hereto attached as Annex
“1.”

Due to the commission of wrongful activities of posting malicious, and

unfounded statements that besmirched my client’s reputation, you may be
consequently criminally charged with Cyber Libel and/or be held accountable for
damages suffered by my client. Furthermore, you may be imprisoned for a minimum
period of 2 years, 4 months, 1 day and a maximum period of 8 years. The law
provides:

“Section 4(c)(4) of the Cybercrime Prevention Act of 2012, which

punishes the crime of cyber libel, makes reference to Article 355 of
the Revised Penal Code:

Traditional libel is punished under the Revised Penal Code, as

amended by Republic Act No. 10951, as follows:

“Art. 355. Libel by means of writings or similar means. – A libel

committed by means of writing, printing, lithography, engraving,
radio, phonograph, painting, theatrical exhibition, cinematographic
exhibition, or any similar means, shall be punished by prisión
correccional in its minimum and medium periods or a fine ranging
from Forty thousand pesos (₱40,000) to One million two hundred
thousand pesos (₱1,200,000), or both, in addition to the civil action
which may be brought by the offended party.”

The penalty under Prision Correccional in its minimum period

involve imprisonment from 6 months and 1 day to 2 years and 4
months. On the other hand, Prision Correccional in its medium
period involve imprisonment from 2 years, 4 months and 1 day to 4
years. Thus, using the computation of periods for penalties under the
Revised Penal Code, the penalty imposed for traditional libel
involves imprisonment from 6 months and 1 day to 4 years and 2
months.
 On the other hand, the Cybercrime Prevention Act of 2012 punishes
the crime of cyber libel as follows:

“Section 6. All crimes defined and penalized by the Revised Penal

Code, as amended, and special laws, if committed by, through and
with the use of information and communications technologies shall
be covered by the relevant provisions of this Act: Provided, That the
penalty to be imposed shall be one (1) degree higher than that
provided for by the Revised Penal Code, as amended, and special
laws, as the case may be.”

Before taking steps and causing inconvenience, my client wished to give you
an opportunity to discontinue your illegal conduct.

Accordingly, to avoid the commencement of a lawsuit against you and

consequently suffer the penalties of the abovementioned crime, we are requesting you
to immediately cease and desist from further committing the unlawful activity of
posting and uttering libelous statements against my client. We also hereby demand
you to delete the libelous social media posts that injured my client reputation. Your
failure to comply with the ceased and desist request shall constrain us to avail of
whatever legal remedies our client has under the law, including but not limited to the
filing of criminal and/or civil cases, all with a claim for damages, interest, cost of suit,
attorney’s fees, and injunctive relief.

I trust that you will give this matter your preferential attention in order to
avoid further inconvenience.

Sincerely,

Atty. Mikee Angelu S. Portes

mikeeangeluportes@gmail.com
Legal Counsel

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ANNEX “1”

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