Republic of the Philippines
Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
2nd Floor, Hall of Justice
Iloilo City
JOCAR GALANZA HAPITANA,
Complainant,
NPS Docket No.:___________
-versus-
CYBERLIBEL
(Violation of Section 4(c) [4] of
Republic Act No. 10175)
JULIE ANN GUMBAN DORIQUEZ,
Respondent
x---------------------------------------------x
COUNTER AFFIDAVIT
I, Julie Ann G. Doriquez, Filipino, of legal age, single, and a resident of Brgy.
Nabitasan, La Paz, Iloilo City after having been duly sworn in accordance with
law, hereby depose and state that:
1. I am the Respondent in the above-captioned case for Cyberlibel, which arose
from a Complaint-Affidavit filed by Jocar G. Hapitana alleging that I made
defamatory statements against him in a Facebook Messenger with group
chat name Happy Family Pics last January 22, 2025.
2. I vehemently deny the allegations in the Complaint-Affidavit and
categorically state that I am not the author nor the conscious sender of the
alleged defamatory message.
3. To fully explain my side and refute the baseless accusation, I respectfully
state the following:
a. On January 22, 2025, the date the alleged defamatory message was
purportedly sent from my Facebook Messenger account, I was in a
state of extreme intoxication. I had consumed a significant amount of
alcoholic beverages, making me disoriented, incoherent, and
completely incapacitated.
a. Due to my severe intoxication, I was deprived of my full mental
faculties and lost conscious control over my actions. I was unable to
properly monitor or secure my personal belongings, including my
mobile phone.
b. My mobile phone was left unattended on a table, easily accessible to
others. I firmly believe, and it is highly probable, that while I was in
incapacitated state, someone else gained unauthorized access to my
mobile phone and sent the defamatory message in question without
my knowledge, consent, or instruction.
c. I have no recollection or awareness whatsoever of typing or sending
any such message. The alleged statements do not reflect my character,
beliefs, or my opinion of Jocar G. Hapitana.
d. My non-participation and lack of volition in the sending of the
message directly negate the indispensable elements of authorship and
malicious intent on my part, which are crucial for the crime of
Cyberlibel. A person cannot be held criminally liable for an act they
did not consciously or voluntarily commit.
4. Given my incapacitated state at the time and the strong possibility of
unauthorized access to my phone, there exists a reasonable doubt that I am
the actual perpetrator of the alleged cyberlibelous act. The prosecution
cannot establish beyond reasonable doubt that I consciously and maliciously
published the defamatory statement.
5. In view of the foregoing, I respectfully pray that the instant complaint for
Cyberlibel be dismissed for lack of probable cause, and that I be absolved of
any criminal liability.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of July,
2025, in Iloilo City, Iloilo, Philippines.
JULIE ANN G. DORIQUEZ
Respondent-Affiant
SUBSCRIBED AND SWORN to before me this _____ day of ______ 2025, in
Iloilo City, Iloilo, Philippines. I hereby certify that I have personally examined the
affiant and that I am satisfied that she voluntarily executed and understood the
contents of this Counter-Affidavit.
