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Republic of the Philippines)

Batangas City )s.s.
x------------------------------x

AFFIDAVIT-COMPLAINT

I, JULIA FRANCESCA “JULIA” BARRETTO

BALDIVIA, of legal age, single, Filipino, and resident of 123
Pallocan West, Batangas City, under oath, hereby depose
and say, that:

1. I am an actress, a model, and a product endorser

since 2006.

2. I hereby formally charge JOSE “JAY” SONZA y

YUMANG, former newscaster and talk show host, of
legal age and with home address at 456
Congressional Village, Bahay Toro, Quezon City,
herein referred to as RESPONDENT

for VIOLATING SECTION 4, (C), PARAGRAPH 4 OF R.A.

10175 ALSO KNOWN AS THE CYBERCRIME
PREVENTION ACT OF 2012, to wit:

SECTION 4 (C) (4) Libel. — The unlawful or prohibited acts

of libel as defined in Article 355 of the Revised Penal Code,
as amended, committed through a computer system or any
other similar means which may be devised in the future.

REVISED PENAL CODE. ARTICLE 353. Definition of Libel. —

A libel is a 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.

The facts antecedents to this complaint are as follows:

1. On 21 September 2020, Respondent voluntarily,

unlawfully, feloniously, and with the intention to malign
my person, character and honor caused to write,
compose, and publish in his Facebook page
(https://www.facebook.com/t2j.sonza), a highly false
and scandalous post in words as follows:
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“Break muna tayo sa mga kuwentong manila bay

beach front, philhealth nakawan, covid19
controversies, unjustified depend budget.

Tama na muna ang mga batikos sa pangit na

pagmumukha ni jover, ang malabayag na kutis ni
ressa, ang chararat na ilong ni Mike, ang iyot-iyong
pananalita ni leni, ang kupal na papapel ni kaki.

Stop muna ang tsismis sa sakit ni Digong, ang

kakapalan ng fez ni Duque, ang pananatili sa
mancave ni Martin, ang pagiging inutil ni DA sa
magsasaka at puro epal na PACC sa corruption.

Dito muna tayo sa mga balitang may katotohanan,

may pag-iibigan, may pinagsaluhang nakakapanginig
ng laman at higit sa lahat, nagbunga.

Bago ang lahat happy birthday muna kay Bb. Alie

Monsie, ang babaing walang break sa pagsasabi ng
totoo, belated happy birthday sa singer ng San Pablo
City Bb. Odette Dequito-Javier. Kay Ms. Marilyn
Ajesta ng Capiz, Ching Balili Silva ng Davao del Sur.

Congratulations sa aking kapitbahay sa

Congressional Village, Bahay Toro, Quezon City.

Napatunayan nina Visoy (visayan tisoy) Gerald

Anderson at anak nina Dennis Padilla at
Marjorie na si Julia Barreto na kapuwa hindi
sila baog.

After months of love lockdown and ESQ (exact

sex quadrant) – may nabuo sa sinapupunan ni
Julia.

Nahinayak ang batang Dadiangas. Nasiyot man jud

oi. Kapugngan pay tren, dili ang gumgang gauros
uros tawon.

Happy Monday po.

Makikibalita ako kung kalian ang kasal sa aking
neighbor.” (emphasis supplied)
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Attached is the full text of libelous article hereto

referred as Annex "A" and “A-1”.

2. Said post was published by Respondent, containing

malicious imputations with bad intentions and
unjustifiable motives, purposely to malign, dishonor,
discredit, insult, and assassinate my character and
good reputation to the public.

3. According to the Revised Penal Code, libel is a

defamation committed by means of writing, printing,
lithograph, engraving, radio, phonograph, painting or
theatrical or cinematographic exhibition, or any similar
means. Moreover, the Cybercrime Prevention Act of
2012 has amended Article 353, as libel can be
committed through a computer system or any other
similar means which may be devised in the future.

4. That the elements of libel are:

a. That there must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act,
omission, status, or circumstance;
b. That the imputation must be publicly made;
c. That it must be malicious;
d. That the imputation must be directed to a natural or
juridical person, or one who is dead; and
e. That the imputation must tend to cause the
dishonor, discredit, or contempt of the person
defamed.

5. In People vs. Suarez, G.R. No. 35396, the Supreme

Court held that when a person, in an article, imputes
upon the persons mentioned therein, lascivious and
immoral habits, that article is of a libelous nature as it
tends to discredit the persons libeled in the minds of
those reading the said article.

6. That there was imputation of vice or defect on the post

published by the Respondent. The emphasized portion
of the post authored by the Respondent created in the
minds of the readers that I commit or have committed
acts that are lascivious and immoral in nature. The post
also implied that during the pandemic, by using the
words “after months of love lockdown and ESQ (exact
sex quadrant,” that I have spent my time doing
lascivious and immoral acts where in fact, I have spent
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my time raising funds for COVID-19 quarantine facility.

(Annex “B”).

7. The post written and published by the Respondent has

no factual basis, is highly speculative and is all false
statements made to destroy my reputation as an
actress, model, and product endorser. Attached hereto
is a Serology Report (Annex “C”) and an Ultrasound
Report (Annex “D”) proving that I am not pregnant.

8. That the imputation was made publicly (Annex “E”).

The libelous article having been published in Facebook,
a social media account accessible to and is made
available to the general public was read by the said
general public, including my family, colleagues, friends,
business partners, and fans.

9. Respondent’s Facebook account has 263, 107 followers

hereto attached as Annex “F.” In minutes, the
malicious post of the Respondent was shared online.
Many newspapers like Philippine Daily Inquirer (Annex
“G”) and Manila Bulletin (Annex “H”) cited his post.

10. That the publication is malicious. Respondent was

motivated by bad faith in posting online to defame,
embarrass and discredit me to my family, colleagues,
friends, business partners, and fans.

11. That the imputation was directed at me. The post

specifically mentioned my name, “Julia Barretto” and
that of my parents’, “Denis Padilla and Marjorie.” The
post also showed my picture.

12. That the post dishonored my person and character. As

an actress and a Roman Catholic shown in my Baptismal
Certificate (Annex “I”), the imputations of the
Respondent that I am pregnant outside of marriage has
tarnished my image as an actress, a model, and product
endorser and offended and dishonored my religious
beliefs.

13. That I have received and read vulgar messages

demeaning my person, honor, and character from the
public since the Respondent posted the malicious
imputations. Attached hereto are the screenshots of
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some of the comments that I have gathered as Annex

“J,” Annex “J-1,” and Annex “J-2.”

14. 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 the
Respondent has caused to my career, reputation and
honor among my family, colleagues, friends, and fans.

15. Due to such grossly unjustified malicious and libelous

imputations, I therefor pray that the Respondent be
found guilty for violating Section 4, (C), Paragraph 4 Of
R.A. 10175 or the Cybercrime Prevention Act of 2012
and be liable 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 file the crime of Libel under R.A. 10175
against the herein Respondent.

IN WITNESS WHEREOF, I have hereunto set my hand

this 23rd day of September 2020 in Batangas City,
Philippines.
Julia Barretto
Julia Francesca Baldivia
Complainant-Affiant

SUBSCRIBED AND SWORN TO before me this 23 rd day

of September 2020 in Batangas City, Philippines the
following affiant JULIA FRANCESCA BALDIVIA exhibiting to
me her Philippine Passport No. EBB7337033 valid until 25
February 2029.

I hereby certify that I have personally examined the

complainant-affiant and I am satisfied that he voluntarily
executed and understood the foregoing Complaint-Affidavit.

Nimiel Catipon
NIMIEL CATIPON
Assistant City Prosecutor
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Annex “A”
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Annex “A-1”
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Annex “B”
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Annex “C”

Batangas Medical Center

Bihi Road, Kumintang Ibaba, Batangas City
Tel/Fax No. (+63-43) 740 8303-07 * 980-1743 * 723-0911

SEROLOGY
Name: Julia Francesca Barretto Baldivia Age: 23
Doctor: Richen Merbert Del Sex: F
Mundo
Date September 22, 2020
:

Results Summary

Results

HCG (quantitative blood), pregnancy

22/09/2020 2:43 PM – Batangas Medical Center

Component Result

Component Value Flag Ref

HCG (IU/L) 3 (H) <6

Comment:

Legend:

Non-Pregnant <6

Borderline 6 - <25

Pregnant ≥ 25
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Serum Pregnancy Test: NEGATIVE

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Annex “D”

Dr. Richen Merbert Del Mundo

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Annex “E”
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Annex “F”
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Annex “G”
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Annex “H”
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Annex “I”
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Annex “J”
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Annex “J-1”
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Annex “J-2”
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Doc. No, 348

Page No. 60
Book No. 37
Series of 2020.

Copy Furnished:

Atty. Angelica Joy Glorioso

Counsel for the Defense
Glorioso & Soriano Law Office
Unit 8, Ground Floor,
ABC Building, National Highway,
Tambo, Lipa City, Batangas.

And

Atty. Patricia Anne Soriano

Counsel for the Defense
Glorioso & Soriano Law Office
Unit 8, Ground Floor,
ABC Building, National Highway,
Tambo, Lipa City, Batangas.

And

Jose “Jay” Sonza

Defendant
234 Pallocan West, Batangas City