Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
Oroquieta City

COELYN O. JUNGGAY NPS NO. X-04-INV-23B-00011

Complainant,
FOR: Violation of RA 10175
VS.
MARY JEAN O. MAHILUM
Respondent.
X------------------------------------------------X
COUNTER AFFIDAVIT

I, MARY JEAN O. MAHILUM of legal age, Filipino, married, and a

resident of San Vicente, Sinacaban, Misamis Occidental under oath and do
hereby depose and state that:

1. The instant complaint should not lend credence for the indictment of
the respondent for violation of RA 10175 particularly on the provision on its
provision on cyber-libel;

2. Granting the existence of the libelous, vexatious and threatening

words, despite the absence of the authentication conducted by the competent
authorities (Cybercrime Department of the PNP), this would not hold water to
indict the respondent for the commission of cyber-libel;

3. Complainant through complaint seemed to show that she was the

prey in the situation and the respondent was her predator by depicting and
showing screenshots post Paragraph 6 is denied on the ground that there
were payments made by the respondent which the receipts thereof are in
possession of the complainant. Further, respondent vehemently deny the
allegations on repeated demands made by the complaints as respondent
never received any demand letter coming from the complainant;
4. Paragraph 7 is denied being mere conclusion of facts;
5. Paragraph 8 and 9 are admitted;

AS AFFIRMATIVE DEFENSE
LACK OF CAUSE OF ACTION
6. That this case is prematurely filed for failure of the complaint to
demand payment against the respondent and thus the right of action of the
complainant has not yet accrue;

1
 7. Accordingly, those obliged to deliver or to do somethings incur in
delay from the time the obligee judicially or extrajudicially demands from
them the fulfillment of their obligation. 1
10.1 The length of time of the defendants’ occupation over the
property as an owner thereof is a good indicia of failure of the plaintiff’s
failure to assert his right within a reasonable time;
11. “Under this time-honored doctrine, relief has been denied to litigants
who, by sleeping on their rights for unreasonable length of time- either by
negligence, folly or inattention-have allowed their claims to become stale. The
law aid the vigilant, not those who slumber on their rights. Verily, laches serves
to deprive a party guilty of it to any judicial remedies.” 2

AS COUNTERCLAIMS
10. By reason of this unfounded complaint, Defendants were
compelled to engage the services of counsel and incurred the amount of Forty
Thousand Pesos (P 40,000.00) as attorney’s fees, plus Five Thousand Pesos (P
5,000.00) as appearance fee. Another Thirty Thousand Pesos (P 30,000.00) as
other litigation expenses;
11. Further, Plaintiffs must be ordered to pay Defendants Moral
Damages of One Hundred Thousand (P 100,000.00) pesos and exemplary
damages in the amount of Thirty Thousand Pesos (P 30,000.00);

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court, to Dismiss the instant complaint for reasons forwarded
above.

For filing this utterly baseless suit, defendants pray that the court will
grant the counterclaims.

Other reliefs just and equitable under the circumstances are likewise
prayed for.

October 20, 2022. Oroquieta City for Ozamiz City.

Respectfully submitted.
Copy furnished:

Atty. Dan Kirby S. Jumilla

1
Article 1169 of the Civil Code
2
Heirs of Ciprano Reyes et.al vs. Jose Calumpang et.al, G.R. No. 138463, October 30, 2006.

2
Counsel for the Plaintiff