Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
City of Cebu

SULPICIO GONZALES, SR., NPS Docket No. _____

Complainant For: LIBEL

-versus-

RIZAL FAJARDO,
Respondent
x------------------------------------------x

Office of the City Prosecutor

Palace of Justice
Cebu City

Greetings!

The undersigned lodges a criminal complaint against Rizal

Fajardo for Libel punishable under Article 353 of the Revised Penal
Code (RPC) which states:

“Art. 353. Definition of libel. — A libel is public and malicious

imputation of a crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status, or circumstance
tending to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory of one
who is dead.”

Attached hereto is the Judicial Affidavit of complainant Sulpicio

Gonzales, Sr. and all pertinent documents related to this criminal
case.

02 July 2019, Cebu City, Philippines

1
 ATTY. MARY ANNE JAMISOLA
Counsel for the Complainant
Fuente Rotonda, Cebu City
Telephone No. (032) 262-0081
Email Add: maryannelaw@gmail.com

At my instance:

SULPICIO GONZALES SR.

Complainant

2
 Republic of the Philippines
Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
City of Cebu

SULPICIO GONZALES, SR., NPS Docket No. _____

Complainant For: LIBEL

-versus-

RIZAL FAJARDO,
Respondent
x------------------------------------------x

JUDICIAL AFFIDAVIT
(OF SULPICIO GONZALES, SR.)

EXAMINATION CONDUCTED
BY ATTY. MARY ANNE JAMISOLA
AT FUENTE ROTONDA, CEBU CITY,
PHILIPPINES.

I, SULPICIO GONZALES SR., of legal age, married, Filipino

citizen, and a resident of Brgy. Quiot Pardo, Cebu City, Philippines,
after having been duly sworn to in accordance with law, do hereby
answer the questions asked of me in this Judicial Affidavit, fully
conscious that I do so under oath, and that I may face criminal liability
for false testimony or perjury, as follows:

Q1 : Mr. Witness, can you please state your name and

personal circumstance?

A1 : I am Sulpicio Gonzales Sr., of legal age, married, Filipino

citizen, and a resident of Brgy. Quiot Pardo, Cebu City.

Q2 : What is your profession?

A2 : I am a lawyer by profession and is presently the duly
appointed Secretary of the Department of Justice of the
Republic of the Philippines.

Q3 : Before appointed as Secretary of the Department of

Justice, where were you connected before?

A3 : I had, prior to my appointment, served as Congressional

Representative of the North District of Cebu City, serving
three (3) consecutive terms as such, and I have held
various public functions and offices as well, all without
stain or tinge of any dishonorable record.

Q4 : How do you come to know the respondent Rizal Fajardo?

A4 : He is the program host of a radio program called

“Reklamo Publiko” of DYOK 720, a radio station
broadcasting all over the region of Central Visayas.

Q5 : Was there any unusual incident that happened between

you and the respondent?

A5 : Yes, there was.

Q6 : What was this all about, Mr. Witness?

A6 : Sometime around, at or about 8:30–9:00 o’clock in the

morning of 28 June 2019, “Reklamo Publiko”, a
program hosted by the respondent, shown, aired, and
broadcasted over the television Channel 13 of SkyCable,
and over the radio over DYOK 720, both broadcasting all
over the region of Central Visayas, was airing and my
name was mentioned therein.

Q7 : What was the topic all about?

A7 : It made mention of that Rehabilitation Fund, where I was

the Chairman of the Commission, that out of the Php 20
Billion Budget, only Php 8 Billion was utilized for the
rehabilitation fund and that the rest was gone and not
utilized. He further stated that I should resign as
Secretary of Justice because it is illegal and
unconstitutional, that I cannot assume that position.

Q8 : What else were mentioned by the respondent, if any?

A8 : He said that the extra budget that was not spent for the
rehabilitation will be spent by me for the upcoming
 election to buy votes here in Cebu City at one thousand
pesos per vote.

Q9 : How did you feel when you heard these words, Mr.
Witness?

A9 : In the circumstance, he clearly exceeded the bounds and

overstepped, violating my right and putting me in utter
dishonor and disrespect when he maliciously imputed
those accusations against me. I also had sleepless nights
because of what he did.

Q10 : What do you want to happen from this case?

A10 : To prevent others from committing the same abusive

conduct of the respondent, in violation of our laws, I pray
that he be made to incur, suffer, and pay Exemplary
Damages in the sum as seen fit by the Honorable Court.

Q11 : Do you confirm that in answering all the questions above,

you are fully conscious that you are under oath and that
you may face criminal liability for false testimony or
perjury?

A11 : Yes, I confirm.

Q12 : Do you have anything else to add?

A12 : None for now.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 02 JULY 2019 at the City of Cebu, Philippines

SULPICIO GONZALES, SR.

Affiant
Type of ID: SSS
ID Number: 11111

SUBSCRIBED AND SWORN to before me, this 2nd day of July

2019 at the City of Cebu by affiant who exhibited the competent
evidence of identity indicated above.

CAREYSSA MAE C. IPIL

Prosecutor I
Cebu City
 SWORN ATTESTATION

I, ATTY. MARY ANNE JAMISOLA, Filipino, of legal age, with office

address at Fuente Rotonda, Cebu City, Philippines, after having been
duly sworn to in accordance with law, do hereby depose and state
THAT -

I am the lawyer who conducted the examination of Sulpicio Gonzales

Sr. I faithfully recorded or caused to be recorded the questions and
the corresponding answer that he gave; and in the course of the
examination, neither I nor any other person present or assisting
Suplicio Gonzales Sr. coached him regarding the answers that he will
give.

I hereby execute this sworn attestation in order to attest the truth of

the foregoing facts and for whatever purpose it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

2nd day of July 2019 at the City of Cebu, Philippines.

ATTY. MARY ANNE JAMISOLA

Examining Lawyer
IBP ID Number: 88888

SUBSCRIBED AND SWORN to before me, this 02 July 2019 at the

City of Cebu, Philippines by Affiant who exhibted the competent
evidence of identity indicated above.

ATTY. PRIMROSE C. PACENIO-KONG

Notary Public
Notarial Commission No. 123456 valid until
December 31, 2020
Roll No. 88899
PTR No. 123456 Feb 14, 2019
IBP Lifetime No. 1234567 Cebu City Chapter
MCLE Compliance No. VII-01234232