-7-

2.9 Despite the open notification given by the Honorable Court on

September 27, 2022 as to the facilitation of Drug Dependency Test to the
accused, Atty. Kim Galagala AGAIN WAS NEGLIGENT IN HIS WORK
AS A PAO LAWYER since from September 27, 2022 up to the time the
Central PAO Office transferred him on January 9, 2023 due to the complaint
filed against him, HE DID NOTHING TO HELP THE FAMILY SECURE
AND FACILITATE THE ISSUANCE OF THE CERTIFICATE OF
DRUG DEPENDENCY TEST for John Louie L. Ortiz, as there is a
rescheduled hearing on Feb. 14, 2023. It was again another PAO Lawyer
—Atty. Manipes come January , 2023 who took the pain of facilitating and
assisting the family to have the accused examined for DDT.

3.0 On November 6, 2022, my friend Dominic Almelor, a staff of

PAO Central Office in Quezon City, sent a text message to the Regional
Director of PAO Davao Region, regarding the complaint of the family of
John Louie Ortiz, on the negligence and untoward behavior of Atty.
Galagala towards my mother on August 9, 2022 and did not inform her of
the requirement for a certificate of DDT for the Sept. 27, 2022 hearing.

3.1 On November 7, 2022 Atty. Galagala sent his formal reply to PAO
Chief Persida Acosta, and he did NOT mention that on Sept. 27, 2022 the
accused was arraigned for violation of a HIGHER OFFENSE under
Section 11, Art. 11 of R. A. 9165 and pleaded not guilty." The Honorable
Court took notice of the accused pending Motion to plea bargain to a lesser
offense for violation of Section 12, Art. 1 1 of R. A. 9165 and since no Drug
Dependency Test was submitted on said date..., it ordered the BJMP to
facilitate the Drug Dependency Test, and Atty. Kim Galagala was notified of
the said orders in open court.

3.2 On Nov. 8, 2022, Dominic Almelor sent Atty. Galagala a text message,
informing him that my mother would be going to his office
It was ONLY DURING THE Nov. 8, 2022 meeting with my mother that
Atty. Galagala explained about the need to secure the Drug Dependency Test
and submit it to the Court during the hearing. Atty. Galagala APOLOGIZED
TO MY MOTHER AND ASKED FOR UNDERSTANDING FOR THE
UNPLEASANT TREATMENT THAT SHE EXPERIENCED FROM HIM
ON Aug. 9, 2022. HOWEVER, despite the open notification of the
Honorable Court on Sept. 27, 2022 to Atty. Galagala about the facilitation of
the Drug Dependency Test and even communicating with my mother on
November 8, 2022, STILL, Atty. Galagala FAILED TO SECURE THE
Certificate of Drug Dependency Test to be presented on Feb. 14, 2023. HE
HAD SO MUCH AMPLE TIME AND HE HAD BEEN GIVEN THE
CHANCE TO SECURE AND FACILITATE THE ISSUANCE OF THE
DDT for my brother, but he did nothing.
 -8-

3.3 My mother and I was unhappy about the gross negligence of Atty.
Galagala in handling the case of my brother. My heart as a son seeing and
hearing my mother cry every time we had a chat with each other, prompted me
on January 7, 2023, to air our sentiments as a family by posting on my
Facebook account, a letter addressed to Chief Persida Acosta, hereto
attached as Annex "4" including the sentiments of my mother by way of a
video, which to our mind, is to call the attention of Atty. Acosta about what
happened to my brother, and to correct if there had been any procedures
violated by Atty. Galagala in handling the case.

3.4 On January 9, 2023, Atty. Galagala sent me a letter, threatened me and

my mother that an appropriate action shall be filed against us for posting on
my facebook my letter to Atty. Acosta voicing out my sentiments on the
negligence of his subordinate Atty. Kim Galagala, OIC of PAO Panabo
District Office, Davao Del Norte, in handling my brother's case and narrating
my personal knowledge of what he told me that "wala na tayong magagawa,
nahulihan na eh, paaminin na lang natin sa kaso at nagawa na daw niya
ang report."

3.5 Although the letter of Atty. Galagala is unbecoming as a public officer

because he should not be onion-skinned on criticisms against him in the
performance of his duty, specifically on how he handled the case of my
brother, my Jan. 7, 2023 letter is not libelous since what my mother and I
said are the truth, and was addressed to Atty. Acosta, the Chief Public
Attorney. I immediately posted on my facebook account, copy hereto
attached as Annex 4", saying the following, to wit:

"Matapos kong ilabas ang sama ng loob ko at ng aking

nanay sa klase ng serbisyo na natanggap ng nanay ko, sinabi niyo na
kayo po ay nasaktan sa inilabas kong sama ng loob at pagpuna sa
ginawa niyong pagtrato. Dahil dito, ako ay humihingi ng pasensiya at
paumanhin sa ginawa kong paglabas ng sama ng loob sa ginawa niyong
pagtrato sa nanay ko.

God bless you po Atty. Kim Galagala."

My mother and I believe that it is our right as citizens of the Philippines

to air our grievances to the Head Office of PAO , so that any unbecoming
acts of PAO lawyers will no longer happen.

3.6 From paragraphs 17 to 19 of his complaint-affidavit, Atty.

Galagala said that I posted a comment on three (3) pictures and that I
commented the following, thus
 -9-

A. " TUDLUI IMUNG ANAK UG MAAYUNG

PAMATASAN NGA DILI MUPAREHA SA IMUHA
(with HAHA emoji)

B." WOWW NICE ! MAAYU KAHA ANG

PAMATASAN ANI (with HAHA emoji)"

C. "KILATAN ANG MGA YAWAN ON (with three

(3) emojis)"

3. Based on the foregoing, the following are the issues to be resolved, to

wit

A. Am I liable for cyber libel when I posted on my Facebook

on January 7, 2022, a letter/complaint addressed to the Chief
of the Public Attorney's Office, narrating how the case of my
brother was handled by Atty. Kim Galagala, the OIC of PAO
Panabo District Office in Davao Del Norte, thus violating
Section (4), Paragraph (4) of Cybercrime Prevention Act of
2012 and

B. Am I liable for cyber libel for the February 18, 2023 three
(3) comments I made on three (3) pictures posted by Atty.
Kim Galagala on his Facebook, thus violating Section (4),
Paragraph (4) of Cybercrime Prevention Act of 2012.. ...?

ARGUMENTS /DISCUSSIONS

4. Private complainant is a public officer / public figure, thus

occupying a public office, holding the highest position as a public
attorney at Davao Del Norte, i.e. OFFICER-IN-CHARGE,
PUBLIC ATTORNEY'S OFFICE PANABO DISTRICT OFFICE,
DAVAO DEL NORTE, an attached Agency of the Department of
Justice