REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Balanga City, Bataan

EMILY JUMAGDAO JACLOP

Complainant,

-versus- NPS Docket No. IV-23D-00622

For: CYBER LIBEL IN REL. TO
R.A. 10175

MYRNA MATANTE JUMAGDAO

ANA RAZEL JUMAGDAO BARDAJE
ANGELINA MERTANTE JUMAGDAO
Respondents.
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MOTION TO ADMIT REPLY AFFIDAVIT WITH

MANIFESTATION
(as to counter affidavit of ANA RAZEL JUMAGDAO BARDAJE, ANGELINA
MERTANTE JUMAGDAO, MYRNA MERTANTE JUMAGDAO dated May
31, 2023)

I, EMILY JUMAGDAO JACLOP, Filipino, married, of legal

age, after having been duly sworn to in accordance with law,
hereby depose and states, that:

1. Close perusal of respondents allegations would lead

to the following conclusions:

a. That the allegations in the complaint filed by yours

truly before this Honorable Office holds no water.

b. That the allegations begun when my sister raised a

threat against one of the respondent herein Myrna
Mertante Jumagdao

c. That my sister raised words or statement against

their family regarding their status and conditions in
a bad way;
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 d. That We have been a bad daughter to our mother.

2. The instant criminal complaint against the respondents

is based on meritorious grounds which are sufficiently
supported by documentary evidence and testimony as
provided in all ANNEXES being attached in the complaint
affidavit. And as such, the instant criminal complaint cannot
be considered as malicious, baseless, felonious, unfounded
and unjust.

Herein, complainant vehemently refutes all of the above

contentions by the respondents and all the witnesses herein.

Respondent created a false statement that the allegations of

the complainant is not true and will never fall on Violations of
Cyber Libel in relation to R.A. 10175 and UNJUST VEXATION
in relation to R.A 10175;

Online libel is simply libel, in its traditional sense, committed

through a computer system or any other similar means which
may be devised in the future. In other words, the traditional
elements or requisites of libel still apply. For an imputation to
be libelous under Art. 353 of the RPC, the following requisites
must be present:

(a) it must be defamatory;

(b) it must be malicious;
(c) it must be given publicity; and
(d) the victim must be identifiable.

A fifth element or requisite is added under R.A. 10175 for

online libel: the act must be committed through a

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computer system or any other similar means which may
be devised in the future.

Before I proceed to answer the unfounded and baseless

allegations made by the Respondents and all the witnesses
herein in their counter affidavit and sinumpaang salaysay, it is
important to point out that the allegations therein were made
by them to cause confusion as to what is the real issue in this
complaint - - which is WHETHER or NOT ALL THE
RESPONDENT ARE LIABLE IN CYBER LIBEL CASE IN REL.
TO R.A. 10175 and UNJUST VEXATION in relation to R.A
10175.

Baseless, Immaterial, Irrelevant Allegations that deserve

scan consideration

A perusal of their counter affidavits will show that they failed

to disprove the charges I had made against them.

In essence, the allegations made by the Respondent in their

counter affidavits are all misrepresentation and self serving.

Aside from being self serving statements supported by

unverified self serving documents and statements which are
all hearsay such as affidavit of witnesses, and attached
Barangay clearance. All the allegation stipulated are all LIES,
FABRICATED AND FALLACIOUS.

3. First let me attack the countervailing issue herein this

case as to whether or not all the respondent herein are liable
with cyber libel case in relation to R.A. 10175, first and
foremost identity of all the facebook account herein cannot be
proved or need of certificate of extraction coming from PNP
Cybercrime division as all the respondent admitted the facts

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that they posted and maligned the complainant in public or
facebook social media.

4. Libelous statement, has been a cause that greatly affects

the integrity, dignity of the complainant herein.

5. Second their allegations that my sister is the one who

confronted my mother to raise a threat against Myrna
Jumagdao holds no water.

6. My sister never raise such sentences or statement

against them, all I knew is, my mother created such words or
statement just to create a quarrel along the side of each
family. I’ve not come to a certain conditions wherein, We
deprived my mother’s to have a better life.

7. Well in fact, our family from 1st consanguinity upto the

last, knew, how we are responsible children to our mother
since then. In addition, since my mother was in samar and
currently in bataan, We together with all of our brothers and
sister get together to help her just to cope up her conditions as
she is getting older already.

8. Everytime we saw each other, we spent our time just to

relax and enjoy, just only for my mother’s interest.

9. In connection, despite of such words raise by my mother,

all the respondent herein didn’t take their initiative to confront
and ask us, to verify if my sister truly raise that words against
them or for Myrna M. Jumagdao, as a matter of fact, all the
respondents herein raise all their emotions publicly just to
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certainly maligned our refutations and dignity as a person. To
declare in public that We are an abusive woman.

10. It was a saddened part of our life, wherein, despite of

such help we rendered to our mother, this is a return.

11. For now, I have been depressed and stressed of such

actions done by all of the members of family of my brother or
the respondent herein, as I was receiving thoughts and
accusations coming from the other people that we are an
abusive woman and bad daughter to our parent, because of
that post.

12. Nothing can be clearer than the fact that probable caused
exist to release an information against all the respondents,
such post or statement and comments are malicious, and it
was publicly posted and seen by numbers of people, witnesses
on my part that they saw respondents post was established
and lastly, facts of admission coming from all the respondents
occurred.

13. Aside from that the respondent herein are not only liable
with Cyber Libel in relation to RA 10175, respondent also are
liable to UNJUST VEXATION in relation to R.A 10175. WHEN
Ms. Angelina Jumagdao commented the following words in her
mother Myrna’s post in facebook to wit:

“kahit pangit muka natin maayos sana kahit ugali”

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 “iba iba mga kausap online at palit palit asawa, iba
talaga side ng kabila inaayon yung ugali sa mga
muka”.

In unjust vexation, the paramount question to be considered

is whether the offenders act caused annoyance, irritation,
torment, distress or disturbance to the mind of the person to
whom it was directed. The said post caused humiliation and
embarrassment to us as the same was seen by our relatives
and friends on facebook.

It greatly affects our mental health as we didn’t know the

reactions of some people who saw that post. It causes a
great humiliation not only on our integrity but as a woman
and as a mother of my children.

14. I, therefore, most respectfully pray that the criminal

information for VIOLATION OF CYBER LIBEL IN REL. TO R.A.
10175 and UNJUST VEXATION in relation to R.A 10175 be
filed against MYRNA MATANTE JUMAGDAO, ANA RAZEL
JUMAGDAO BARDAJE, ANGELINA MERTANTE JUMAGDAO
as there is more than probable cause for their indictment.

15.I am executing this Reply-Affidavit to attest the truth of

the foregoing declarations and to support my complaint for
VIOLATION OF CYBER LIBEL IN REL. TO R.A. 10175 and
UNJUST VEXATION in relation to R.A 10175 against the
respondents.

AFFIANT FURTHER SAYETH NAUGHT.

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 IN WITNESS WHEREOF, I have hereunto set my hand
and affix my signature this 19 th day of April, 2023, at Imus
City, Province of Cavite, Philippines.

EMILY JUMAGDAO JACLOP

Affiant

SUBSCRIBED AND SWORN to before me, this April 19,

2023 at Imus City, Province of Cavite, Philippines. And I
hereby certify that I have personally examined the affiant and
that I am satisfied that she voluntarily executed and
understood the contents of her affidavit and the same was her
free act and deed.

Doc No. ________ Notary public

Page No. _______
Book No. _______
Series of 2023

PRAYER

WHEREFORE, in view of the foregoing, it is

respectfully prayed of this Honorable Office that the
above-entitled Motion to admit reply affidavit and
Manifestation for additional violation of RPC be
granted as it greatly substantiate the probable cause
for their indictment.

Other reliefs that are just and equitable under the

premises are likewise prayed for.

TO THE TRUTH OF THE FOREGOING, I have

signed this Motion with Manifestation on the 9th day
of June 2023, in the Mariveles Bataan.

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 EMILY JUMAGDAO JACLOP
Complainant

EXPLANATION

Copy of the Motion is served to adverse party via

registered mail due to distance and unavailability of
the complainant to effect personal service.

EMILY JUMAGDAO JACLOP

Complainant

Copy Furnished:

MYRNA MATANTE JUMAGDAO

ANA RAZEL JUMAGDAO BARDAJE
ANGELINA MERTANTE JUMAGDAO
B01 Bayview Village Housing 2 Mariveles Bataan