REPUBLIC OF THE PHILIPPINES)

PROVINCE OF LA UNION ) S.S.

MUNICIPALITY OF SAN JUAN )
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AFFIDAVIT OF WITNESS ~ JOY KRISTINE PALABAY

(Amended)

I, JOY KRISTINE PALABAY DAWAT, of legal age, Filipino citizen, married and
resident of and with postal address at Brgy. San Felipe, San Juan, La Union after having
been duly sworn in accordance with law, depose and say that:
a. I am the owner of the Facebook account, “Joykristine P Dawat” with URL
https://www.facebook.com/joykristine.palabay;

b. On June 27, 2022 at about 8:00 o’clock in the morning, I received a notification on
Facebook Messenger which turned out to be a post/comment of the accused, Judy
Anne Alba using her Facebook account “Jhudy-Alba Mhyzk” where she
commented on my old congratulatory message to my sister and herein
complainant, JOAHER DE LA CRUZ over UMAGANG KAY GANDA official web
page through messenger Group Chat (GC) quoted in Tagalog and English
dialect/language;
(Copy of these defamatory/malicious posts/comments of the accused
using her Facebook account “Jhudy-Alba Mhyzk” posted on UMAGANG KAY
GANDA official web page is annexed herewith as EXHIBIT “R” & series and
hereby made integral part hereof).

“Jhudy-Alba Mhyzk
Joykristine P Dawat “PAMILYANG MAHILIG MAG TAGO DAHIL SA MARAMING
UTANG ANG PAMILYA PINAGTATAGUAN.

Buahahahaa. NANDITO PALA ANG MGA SWINDLER HINDI MARUNONG TUMUPAD

SA PINANGAKO NG PAGBABAYAD NG UTANG KAYA KAYO KINAKARMA.

BAYAD BAYAD DIN NG UTANG NAKAPAG PATAYO PA KAYO NG BAHAY SA LA UNION

PARA MAG TAGO SA MGA KINAUUTANGAN NINYO USIGIN KAYO NG KONSENSYA
NINYO. KAKAPAL NG PAGMUMUKHA!

JOAHER FERNANDEZ PALABAY DELA CRUZ-

FB JHOA DELA CRUZ

FLORENCE FERNANDEZ PALABAY GAGARIN-

FB LOREN F PALABAY

JOY KRISTINE FERNANDEZ PALABAY DAWAT-

FB JOY KRISTINE DAWAT

THERESA FERNANDEZ PALABAY

QUEENIE FERNANDEZ PALABAY DELA CRUZ-

FB QUEENIE RN

MELITA PALABAY MURILLO – FB MELITA MURILLO

ANGELINA FERNANDEZ PALABAY

MGA SWINDLER NAPAGHAHALATA ANG PAGTATAGO NINYO

USIGIN KAYO NG KONSENSYA NINYO.

KAYA KAYO NAMAMATAYAN NG ANAK KARMA MO YAN JOAHER FERNANDEZ

PALABAY DELA CRUZ

AT MAY TANING NA BUHAY DAHIL SA PANLOLOKO NINYO PAGTAKBO SA

INUTANGAN NINYO. HINDI MARUNONG TUMUPAD SA PINAG USAPAN. DI
MARUNONG MAGBAYAD. ANG KAPAL NG PAGMUMUKHA.

KARMA IS REAL.

ASAN NA KAYA UNG PANG 2 NA PINAGNUBUNTIS. KARMA IS REAL.”

c. I was able to read the said posts/comments at Vista Verde, Cainta, Rizal, where I
stay and live with my family at the time;

Affidavit of Witness – Joy Kristine Palabay Dawat Page | 1

 d. I am sure and positive that the posts/comments made against me, my siblings, my
mother, and aunt Melita were made and posted by the accused, Judy Anne C. Alba;

e. I did not personally witness the accused when she posted those
defamatory/malicious posts/comments against my family, but I personally saw
those posts as appearing over the official web page of UMAGANG KAY GANDA that
are the direct result of the person who made those posts, who is no other than
JUDY ANNE C. ALBA, the accused;

f. The internet or the world wide web (www) makes possible for two (2) persons who
are at different places to communicate with each other even without the personal
presence of one another; such that, the communication carried over the internet is
as if, persons in direct communication with each other or person sending message
to another person for the latter to see later is the facility that the internet
technology provides; therefore, even if I did not see the accused personally
making/sending those defamatory/malicious posts, I am sure she is the author of
the same because she was using her own Facebook account, Jhudy-Alba Mhyzk,
which account I have known to be hers as she has been using the same in
communicating with us ever since and in fact, she used the same account in posting
those defamatory/malicious posts/comments against me and my family;

g. The messages she posted/commented over over UMAGANG KAY GANDA official
web page also bears her Facebook account “Jhudy-Alba Mhyzk”;

h. I was included in the defamatory/malicious posts/comments and particularly

mentioned/identified my name, Joy Kristine Fernandez Palabay Dawat and as a
consequence I felt humiliated and publicly embarrassed because those
posts/messages were carried on social media platform where expectedly a lot of
people will be able to see and read the same;

i. The names of my family members (e.g. my sisters, Joaher P. De La Cruz, Florence

Fernandez Palabay Gagarin, Quennie Fernandez Palabay De La Cruz, Theresa
Fernandez Palabay; my mother, Angelina Fernandez Palabay; and my aunt Melita
Palabay Murillo) were all mentioned/identified in those defamatory / malicious
posts/comments;

j. The posts/comments made by the accused were actually seen by at least 14

individuals as shown in EXHIBIT “R” & series and if these people at the time
saw those posts/comments, one can just imagine the extent of coverage it has
acquired if we will consider other people who were also able to access the web page
of UMAGANG KAY GANDA using their individual Facebook accounts;

k. The accusations made in those posts/comments by the accused are not true and
without lawful and factual basis for calling us a “family of swindlers”;

l. The intention of the accused in making those defamatory/malicious

posts/comments over social media is to malign and publicly humiliate my family as
a manifestation of her misplaced personal grudge against us over an alleged unpaid
money loan by my father in the amount of Php 155,000.00 which according to her
should be our responsibility considering that we allegedly inherited our father’s
obligation to pay the money loan;

m. On the contrary, our father died without any property/-ies and left no inheritance
to my mother, nor to his children; thus, we cannot be held liable for the obligation
our father allegedly incurred arising from the alleged money loan he secured from
the accused’s father, Simplicio Corpuz; and if there is truth to her claim, the
accused and/or her family should file a case in court for collection of sum of money
to prove their claim and not use the social media as her (their) collection agency to
collect from us;
Affidavit of Witness – Joy Kristine Palabay Dawat Page | 2
 n. After I have read the said defamatory/malicious posts/comments of the accused, I
immediately informed my siblings Florence, Joaher, and Queenie about those
posts/comments of the accused I saw over Facebook and Facebook Messenger and
all of them are one in saying that those posts/comments are very
defamatory/malicious and intended to leave in the minds of those who were able to
access and read those messages that our family is a “family of swindlers”;

o. The subject posts/comments that the accused made over UMAGANG KAY GANDA
official web page are no longer existing as they were already removed by the
accused, of which I was able to confirm when I checked on the UMAGANG KAY
GANDA web page last November 12, 2022;
(Copy of the November 12, 2022 UMAGANG KAY GANDA official web
page/s sans the defamatory/malicious posts in subject are annexed herewith
as EXHIBIT “S” & series and hereby made integral part hereof).

p. I am executing this amended Affidavit of Witness to attest the truth of the foregoing
facts and for all legal intents and purposes it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of

November 2022 at San Juan, La Union, Philippines.

JOY KRISTINE PALABAY DAWAT

Affiant

SUBSCRIBED AND SWORN TO before me this 14th day of November 2022 at

San Juan, La Union, Philippines affiant JOY KRISTINE PALABAY DAWAT exhibiting to
me her ________________________________being sufficient and competent
evidence of her identity pursuant to the 2004 Rules of Notarial Practice.

_______________________
Notary Public

Doc. No. ;
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Book No. ;
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COPY FURNISHED: (Service made by personal delivery to the following recipients)

PROS. MAUREEN DANGWA

Office of the Provincial Prosecutor
RTC Compound, Brgy. Sevilla
San Fernando City, 2500 La Union

ATTY. JEFFREY AGTARAP

PUBLIC ATTORNEY’S OFFICE (PAO)
Regional Trial Court Building
San Fernando City, 2500 La Union

Affidavit of Witness – Joy Kristine Palabay Dawat Page | 3

 LAWYER’S ATTESTATION

I, JAIME C. GONZALES, JR., of legal age, married and resident of Talogtog

Sur, San Juan, La Union, after having been duly sworn in accordance with law,
depose and say that:

1. I am the lawyer who conducted the examination of the witness, JOY

KRISTINE PALABAY DAWAT in Criminal Case No.14503 for Violation of
Cybercrime Act of 2012, Section 4, (c), paragraph (4) of R.A. No. 10175 or
Cyberlibel ;

2. I faithfully recorded or caused to be recorded the questions I asked of her and

her corresponding answers to the questions and that, I nor any other person or
persons then present or assisting her did not coach her of her answers; and

3. I execute this affidavit for all legal intents and purposes.

FURTHER AFFIANT SAYETH NAUGHT.

JAIME C. GONZALES, JR.

Affiant

SUBSCRIBED AND SWORN to before me in San Fernando City, La Union,

Philippines this ____day of ________________ 2022, affiant exhibited to me
his IBP MEMBERSHIP CARD bearing his Attorney’s Roll No. 68552 issued by the
Integrated Bar of the Philippines with his signature and picture on it.

________________________
Notary Public

Doc. No. ;
Page No. ;
Book No. ;
Series of .

Affidavit of Witness – Joy Kristine Palabay Dawat Page | 4