Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTORS OFFICE
Tarlac City

LEXI BEAR INC.

Complainant,
Criminal Case No. ________
For: Libel in relation to RA
10175 also known as the
Anti-Cyber Crime Law.

-versus-

HAPPY LEE,
Respondent.
x----------------------------x

COMPLAINT-AFFIDAVIT

COMES NOW, LEXI BEAR INC, through counsel and unto this honorable
court respectfully states:

1. Plaintiff LEXI BEAR, INC. is a corporation duly registered under

Philippine laws and with the main office at Brgy. San Vicente, Tarlac City.
However, for purposes of this proceeding, summons and other legal
processes may be served at the office of its counsel at Sicat and
Associates Room 234, Romulo Bldg. Romulo Blvd., Tarlac City;

2. Respondent HAPPY LEE is a Filipino, married, and residing at 120 P.

Hilario St. Brgy. Ligtasan, Tarlac City where she may be served with
summons, orders, and other processes of the court;

3. Plaintiff is an event organizer involved in event planning and

coordination in the business for at least a decade;

4. On 01 October 2017, accused posted on her blog and personal Facebook

account the following libelous statements:

“Hay naku. You may be a big and popular wedding events

company, BB-Ventures, but you are one big epic FAIL! You
 handled my wedding badly! Let me count the ways:
1. Did not reply or text or return my missed calls from the time
of the professional engagement of your services to the wedding
day itself
2. Made me wait for 3 hours during one coordination meeting;
3. Unprofessional behavior by its founder and main man, BB,
who refused to honor my wishes as the client and unprofessional
behavior of his staff.
4. My Pre-nup photo shoot was a disaster because of you! Who
in his right mind would do a night time shoot?”

5. Accordingly, the elements of libel as defined in Article 353 of the Revised

Penal Code are the following: A.) There must be imputation of a
discreditable act or condition to another; B.) There must be publication
of the imputation; C.) There must be an identity of the person defamed
and D.) There must be an existence of malice;

6. The above-mentioned elements are present in the following instances:

(a) when respondent discredited complaint’s business by imputing that
the latter is incompetent and a failure; (b) when said imputation was
published on Facebook, a social media platform that is accessible by the
public; (c) when the identity of the complainant was revealed since it
was mentioned in the post; and (d) when the respondent posted her
sentiments without prior talk with the complainant to settle the issue
discreetly and to avoid any damage of complainant’s reputation, hence
the post was malicious;

7. As of this posting, her Facebook status message has gone viral and
generated 5,000 reactions (500 angry reactions, 200 thumbs up
reactions, and 300 sad reactions) and 1,500 comments which are
generally negative;

PRAYER

8. The Complainant therefore pray that HAPPY LEE convicted for the crime
of Cyber Libel under Section 4(c)(4) of R.A. 10175;

9. The Complainant also prays that the Honorable Court order the
Respondent to pay Plaintiff’s Attorney’s Fees in the amount of Fifty
Thousand Pesos (P50,000.00);

10. Other reliefs that are just and equitable under the law and rules are
 likewise prayed for.

IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of

______________, 2017 at Tarlac City, Philippines.

Tarlac City, done this 25th day of November, 2017.

ATTY. JOHN ALLEN ANTONIO

Counsel for the complainant
Room 234, Romulo Blvd., Tarlac City
PTR No. 092913/ 05-20-96/ Tarlac City
Roll of Attorneys No. 123469
IBP No. 654321/ 03-19-96/ Tarlac City
MCLE Compliance No. V-001234(03/17/2014)
Telephone Number :(045)606-0956
Email: johnlery.sicat19@gmail.com

Copy furnished:

HAPPY LEE
120 P. Hilario St.
Brgy. Ligtasan
Tarlac City
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF TARLAC ) SS.

VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING

I, John Allen Antonio, of legal age, Filipino, single, after having been
duly sworn in accordance with law, hereby depose and state that:

1. I am the duly authorized representative of the Complainant;

2. Upon instruction and with the authority of the Complainant, I caused
the preparation and filing of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I undertake to report that fact within five
(5) days therefrom to this Honorable Court.

JOHN ALLEN ANTONIO

Affiant

SUBSCRIBED AND SWORN TO before me on 25 November 2017 in

Tarlac City, the Affiant being personally known to the undersigned.

WITNESS MY HAND AND SEAL.

Doc. No. __________; MEDGIE MAE ROSE SUITOS

Page No.__________; Notary Public
Book No.__________;
Series of 2017;