Scribd Logo
Upload

Welcome to Scribd!

  • 13 views

    Sample Complaint

    Uploaded by

    Johnlery Sicat
    The complaint alleges that the respondent posted libelous statements about the complainant's business on Facebook. It details the elements of libel under Philippine law and argues they are met based on the respondent's post. The complainant seeks to have the respondent convicted of cyber libel and pay attorney's fees.

    Copyright:

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

    Sample Complaint

    Uploaded by

    Johnlery Sicat
    13 views4 pages
    The complaint alleges that the respondent posted libelous statements about the complainant's business on Facebook. It details the elements of libel under Philippine law and argues they are met based on the respondent's post. The complainant seeks to have the respondent convicted of cyber libel and pay attorney's fees.

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The complaint alleges that the respondent posted libelous statements about the complainant's business on Facebook. It details the elements of libel under Philippine law and argues they are met based on the respondent's post. The complainant seeks to have the respondent convicted of cyber libel and pay attorney's fees.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    13 views4 pages

    Sample Complaint

    Uploaded by

    Johnlery Sicat
    The complaint alleges that the respondent posted libelous statements about the complainant's business on Facebook. It details the elements of libel under Philippine law and argues they are met based on the respondent's post. The complainant seeks to have the respondent convicted of cyber libel and pay attorney's fees.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 4

    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;

    You might also like