Republic of the Philippines)

Legazpi City, Albay )s.s.

x------------------------------x

COMPLAINT-AFFIDAVIT

I, MELVIN B. ANDES JR., Filipino, of legal age, married, and a resident of Brgy. 66 –
Banquerohan, Legazpi City, after having been duly sworn to in accordance with law,
do hereby depose and state that:

1. I am presently the Barangay Captain of Barangay 66 – Banquerohan, Legazpi

City and I am filing a case for the crime of Libel under section 4, (c)
paragraph 4 of R.A. 10175 also known as the Cybercrime Prevention Act of
2012 against the person of JETHRO ARCILLA of Brgy. 66 – Banquerohan, Legazpi
City, herein referred to as the RESPONDENT;

2. Sometime on March 23, 2018, at around 9:45 pm, an accident occurred at Purok
2 of Barangay Banquerohan, Legazpi City involving a tricycle driven by
DOMINGO RAMBUYONG causing the latter’s death.

3. That same day, at around 11:31pm, the Respondent, using the name Khou
Arcilla, had posted on facebook some photos of the said accident with a
caption imputing that the barangay officials of Barangay Banquerohan have
failed to immediately respond to the accident, when in truth and in fact,
Eduardo Del Ayre, the Chief Tanod of the barangay, had already taken an
action at around 10-10:30 pm, way before his post on facebook;

Attached is the copy of the screen shots of the libelous post including
the negative comments of the netizens collectively referred hereto as
Annex "A".

1. Said post published by the Respondent contained malicious

imputations with bad intentions and unjustifiable motives, purposely to
malign, dishonor, discredit, insult and assassinate the characters of the
public officials of the barangay to which I am the Chairman including
our good reputation to the public especially to our constituents.

4. Due to the Respondent’s malicious, misleading and false report about the
accident which was shared fifty five times and was liked by more than a
hundred facebook users, it garnered negative feedbacks from the netizens
 especially from the residents of our barangay, tending to dishonor and discredit
the barangay officials of Barangay Banquerohan;

5. A number of comments like “aw kairak man kaan gadan na ngani wla lmang Commented [g1]:
aksyon”, “ngata iu mn bga tlga mala my uminabot na opisyal bku wara man
baga daa mga daing irak!”, “buhay pa man daa kuta kso haluyon tabangan.
Mabuyo magabot ambulance dae na kanu ta gadan na”, “condolence na
lang po sa family nya…grbe naman wala man lng isa na brgy official na
nagresponde” and many more, are proofs that the malicious and misleading
post had created in the minds of the readers that we, the barangay officials of
Barangay Banquerohan, are not doing our function to respond to emergency
situations just like the said incident and due to the alleged failure, such have
caused the death of the victim.

6. The Respondent was not in any way related to the victim of the said accident.
However, the Respondent was motivated by bad faith in publishing the said
post online to defame, embarrass me to my colleagues, friends, family and
to the Facebook users considering that the father of the Respondent and I
have previous altercations which resulted from a traffic incident sometime in April
or May 2017. Since then, his family have feelings of annoyance towards me.

2. The libelous post having been published through facebook, a social

media accessible to and is made available to the general public was read
by the said general public, including my constituents, colleagues,
friends and family among others;

3. Due to the said malicious public imputations by the respondent, I

suffered and continue to suffer serious anxiety, besmirched reputation,
mental anguish, sleepless nights, not to mention the damage they have
caused to my reputation and honor and the trust given to me by my
constituents and the general public;

4. Due to such grossly unjustified malicious and libelous imputations, I

therefor pray that the respondent be made to pay the damages I was
made to suffer as a result of the facebook post in whatever amount the
Honorable Court deems sufficient and proper together with the
attorney’s fees and the cost of this suit.

I hereby execute this affidavit to attest to the truth of the foregoing facts
and hereby request the investigating prosecutor to proceed the case for the crime
of Libel under R.A. 10175 against JETHRO ARCILLA.
 IN WITNESS WHEREOF, I have hereunto set my hand this --- day
of --- 2018 in Legazpi City.