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Republic of the Philippine

Department of Justice
OFFICE OF THE CITY PROSECUTION
Hall of Justice,
Ormoc City
-oOo-

RICHARD I. GOMEZ, Case No. _____________


Complainant,
For:
Violation of Article 353.
Libel, of the Revised
Penal Code (RPC)
-versus- and/or Section 4 (c) (4)
of the Republic Act No.
10175 or “Cybercrime
Prevention Act of
2012″
Paul Farol,
Respondent.
X-----------------------------------------------X

Republic of the Philippines)


City of Ormoc ) S.S.

JUDICIAL AFFIDAVIT COMPLAINT

I, RICHARD I. GOMEZ, having been sworn to oath in


accordance with law, hereby depose and state, THAT:

1. I am of legal age, Filipino, married and resident of


Carlota Hills, Ormoc City, Philippines;

2. In accordance with A.M. No. 12-8-8-SC, which


prescribes the use of judicial affidavits to serve as the direct
examination testimony of a witness, on the basis of which
the adverse party may conduct his cross examination on
such a witness, I hereby execute this judicial affidavit in a
question and answer format;

3. Conformably with section 3 (b) of said A.M. No. 12-


8-8-SC, my examination as a complaining witness was
conducted and taken under the supervision of Atty. Adelito

1
M. Solibaga Jr., at Solibaga Law Office, J. Navarro St., Ormoc
City.

4. I have honestly answered the questions propounded


to me, fully conscious that I do so under oath, and that I may
face criminal liability for false testimony or perjury.
5. The questions asked of me and my corresponding
answers are as follows:

Q1: What is your purpose in executing this


affidavit?
A: To file a criminal case for violation of Article
353. Libel, of the Revised Penal Code
(RPC) and/or Section 4 (c) (4) of the
Republic Act No. 10175 or “Cybercrime
Prevention Act of 2012 or any criminal
cases that may warrant against respondent
PAUL FAROL, of legal age, Filipino and whose
last known address is at Daily Tribune 3450
Concept Building, Florida St., Makati City,
Metro Manila, Philippines. I exerted my
earnest efforts to look for his residential
address, but to no avail.
Q2: Why do you want to file a case against Mr.
Farol?
A: Because of the libelous articles that he
published online.

Q3: Do you personally know respondent Paul


Farol?
A: I don’t. I have never met him and we have
not been introduced. I only came to know him
after he published his very libelous articles
this January. He also posted several malicious
accusations against me on his Facebook (FB)
account.

Q4: How many articles are you referring to?


A: There are three more articles aside from his
other malicious posts on his FB.

Q5: What articles are these?


A: He posted two articles in a website called
GetRealPost. The 1st was on January 19,
2019 titled “Ormoc City Mayor Richard
“Goma” Gomez, A Bigger Douchebag
than Kris Aquino”. Then another one on

2
January 21, 2019 titled “Ormoc City
Mayor Richard “Goma” Gomez’ Perilous
Lack of Good Governance Know-How”.

Q6: What about the 3rd article?


A: He posted it on his Facebook account on
January 26, 2019.

Q7: You mentioned that the respondent posted


several libelous posts on his FB account
against you, what is respondent’s name used
on his FB account?
A: Paul Farol.

Q8: I have a printout out of respondent’s FB


account marked as Exhibits “A” and series,
what relation does this have to the FB
account you mentioned?
A: That is the same FB account of respondent
Paul Farol.

Q9: What do you know of GetRealPost?


A: As far as I know it is a website that can be
read or accessed by everyone. It is available
for viewing and reading by to the general
public. Its website is
“www.getrealphilippines.com”.

Q10: What does the 1st article, posted on January


19, 2019 at GetRealPost say?
A: I will read the entire text from the title
“Ormoc City Mayor Richard “Goma” Gomez, A
Bigger Douchebag than Kris Aquino”.

“When I shared a smoke with a


freelance journalist that had been
forced into retirement by the
intimidation and harassment he felt
under the hands of Ormoc City Mayor
Richard “Goma” Gomez, the old
saying “all that glitters is not gold”
came to mind.

While the so-called “City of Beautiful


People” seems to have recovered from
the 6.5 earthquake in August 2017
and typhoon Haiyan (Yolanda) which

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pummeled the city in November 2013,
the old journalist’s stories about how
the city’s coffers were bleeding from
mismanagement and corruption seem
to show Ormoc’s deeper wounds have
yet to heal.

Beneath the substrate of freshly


painted buildings and recently
cemented roads lie the stories of a
city whose current leadership may be
sending it hurtling towards imminent
disaster even as its hundreds of
thousands of residents welcome the
fiesta vibe of the upcoming local
elections with copious amounts of
tuba.

The glossy tarps put up by Ormoc City


Mayor Richard “Goma” Gomez and
Congresswoman Lucy Torres-Gomez
all over the lowland city in Leyte lie
the bleeding hands and feet of
citizenry subjected to the “discipline”
of their elected overlords as well as
the muffled voices of those left behind
by people that had been “run out of
town” for fighting city hall.

Just weeks after assuming his post as


Mayor, Gomez was said to have
gathered all of the city
government’s employees and told
them how very lucky they were to
have him as their city’s elected
leader.

From the way this story was told to


me, it wouldn’t take a stretch of one’s
imagination to figure he had said that
his being mayor of Ormoc was like
all the citizens there won the lotto
jackpot or the top prize of the
grand cockpit derby.

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His actions in the coming months
would reveal his ineptitude at backing
his promises.

For instance, one of Gomez’ first acts


was to have Ormoc’s old city hall
prettified with three dancing fountains
to the tune of P10,300,000. Nothing
wrong with that, except that the
project broke ground and was
completed without the required
public bidding.

His contractor buddies at


Industron would have made of
with the loot had not the city’s
treasurer found a way to stop
payment for the obviously corrupt
project.

Since then, Gomez subjected the


city treasurer to public
humiliation, out right threats, and
trumped up accusations that
eventually drove the city
government official out of Ormoc.

With the city treasurer out of the way,


Gomez would be free to be similarly
“creative” with how to spend the city’s
money.

But as far as disaster is concerned,


2017 was particularly eye opening
for the people of Ormoc when
Mayor Gomez blundered and
failed to adequately respond to
the disasters that hit his city.
Mayor Gomez’ failure was so terrible
that the Commission on Audit had to
flag him.

In short, the city’s disaster funds


might as well have been
converted into a pork barrel fund.
Where it went from there is unclear to
me at this point and from what I

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gather, it won’t be far from being
disastrous in the months following this
year’s election.

One ominous sign that things won’t go


well for Ormoc City once the 2019
typhoon season comes in is the
construction of a by-pass diversion
“gravel/concrete” road in the
Barangays of San Juan, Lao, and
Naungan OVER A LIVING MANGROVE
FOREST to the tune of P137 Million.

Even more amazing is that DENR and


DPWH undertook the project!

The project is supposed to be


finished by January 25 this year,
but it seems far from being done
when I visited the road. The pick
up truck that drove me there had
to drive in low gear because its
wheels were slipping and sinking
in the soft clay that composed
most of the road.

From three fountains worth


P10,000,000 to a sure disaster road
project build over a mangrove forest,
what other feats of stupidity will
Ormoc City Mayor Richard “Goma”
Gomez come up with?

Sigh! The people of Ormoc City are


INDEED lucky in a really bad way.”
(Emphasis supplied)

Q11: I have a printout out marked as Exhibit “B”


and screenshots of the homepage of GRP
marked as Exhibits B-1 and B-2, what
relation do these have to the article you just
read and this GRP?
A: That is the same article and the screenshots
of the homepage of GRP.

Q12: After it was published at GRP on said date,


what else did you discover?

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A: I also discovered that he shared the same on
his FB account, and further maliciously
captioned it as,

“So bale…Nagpagawa ang henyong si


Ormoc City Mayor Richard Gomez ng
P137 million na concrete and gravel
road “kuno” sa ibabaw nga isang
buhay na mangrove forest na
inaprubahan nga DPWH and DENR…

Nang madaanan namin, GAWA SA


PUTIK ANG NAPAKAMAHAL NA PAGSIRA
SA PARTE NG NAUNGAN MANGROVE
PARK AT MAARING MAKAPAGDULOT
NGA MATINDING BAHA SA TATLONG
MATAONG BARANGAY SA ORMOC
CITY.”

(So, The genius Ormoc City Mayor


Richard Gomez allowed the
construction of a concrete and gravel
road over a mangrove forest approved
by the DPWH and DENR…)

(When we passed through it, IT WAS


MUDDY AND CAUSED THE VALUABLE
LOSS OF THE NAUNGAN MANGROVE
PARK THAT COULD LEAD TO SERIOUS
FLOODING IN THREE POPULOUS
BARANGAYS IN ORMOC CITY.)

Q13: What else did he say on his FB post?


A: A certain FB user Brian Galagnara
commented,

“balita ko dyan nung ginawa daw yan


walang ECC permit from DENR, after
na lang magawa at saka kumuha.”
(I heard that construction was already
started without an ECC permit from
DENR and it was only after that they
got one.)

Then respondent Farol replied:

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“Brian Galagnara aaay! Nakwento nga
yan sa akin. Nakalimutan ko isulat.
Grabe!”
(Brian Galagnara aaay! I was already
told that. I just forgot to write about it.
It was a grave offense.)

Thereafter, Brian Galagnara replied and


tagged me as “thief”,

“gomagnanakaw”

Q14: I have a printout out of said January 19, 2019


FB post, comments and replies, marked as
Exhibit “C” and series what relation do
these have to the FB post, comment and
replies you mentioned?
A: That is the same FB post, comments and
replies.

Q15: What about the 2nd article, posted on January


21, 2019 at GetRealPost, what does it say?
A: I will again read the entire text from the title
“Ormoc City Mayor Richard “Goma” Gomez’
Perilous Lack of Good Governance Know-
How”.

“Ormoc City Mayor Richard “Goma”


Gomez sure didn’t waste time
exposing his inability to provide good
governance to the people who elected
him in 2016.

A paper from the United Nation


Economic and Social Commission for
Asia and the Pacific says, “Good
governance has 8 major
characteristics. It is participatory,
consensus oriented, accountable,
transparent, responsive, effective and
efficient, equitable and inclusive and
follows the rule of law. It assures that
corruption is minimized, the views of
minorities are taken into account and
that the voices of the most vulnerable
in society are heard in decision-

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making. It is also responsive to the
present and future needs of society.”

By these international standards for


good governance and according to
personal accounts of residents of
Ormoc city, Gomez’ regime appears to
be headed towards catastrophic
failure and the people of Ormoc are
bound to suffer greatly from his
bungling attempts at leading their
city’s government.

But how could he govern his city when


people from Ormoc City tell me that
he scarcely reports for work at the
City Hall?

The ongoing joke amount Ormoc


City people is that Monday is “No
Paper Day”, Tuesday is “No
Plastics Day”, and Wednesday to
Sunday is “No Mayor Richard
Gomez Days”.

People whom I am not even friends


with on Facebook messaged me that
both Mayor Gomez and wife
Congresswoman Lucy don’t reside in
Ormoc. The couple are said to live
in San Juan most of the time and
the longest stretch of time that
Mayor Gomez was in Ormoc was
for the shoot of his movie with
Sharon Cuneta — a period that
barely lasted three weeks.

Gomez’ absenteeism is the complete


opposite of the leadership shown by
President Rodrigo Roa Duterte who,
even during his off hours, patrolled his
city’s streets disguised as a taxi driver.

Moreover, let me also mention that


Senator Richard Gordon, when he was
mayor of Olongapo City, was so hands
on in delivering good governance to

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his people that he was known to
sweep the streets of Olongapo along
with his people.

Both Duterte and Gordon, at least for


me, have set a standard for leadership
and good local governance that all
local government officials should
aspire to. Sadly, for the people of
Ormoc, their Mayor Gomez seems to
be unable to even manage having a
project done without committing
As I have pointed out in the post
before this, only weeks after
assuming office as Mayor, Gomez
drove his city treasurer out of
Ormoc after she refused his
orders to release payment for a
P10 million dancing fountain
project that was completed
without the required public
bidding.

Months away from ending his first


term, Gomez committed another
blunder when he allowed the
destruction of part of the
Naungan mangrove forest to
make way for a P137 million by-
pass diversion road.

Not only did the construction of this


road destroy part of a mangrove forest
that protects inland residents from
storm surges and waves, word is
that the project was done at the
behest of Congresswoman Lucy
Torres Gomez (the wife of Ormoc
City Mayor Gomez) and the
contractor, Macbuilders enjoys
preferential treatment from the
Gomezes similar to the treatment
given to the company CT Leoncio
whose owners are allegedly
related to Budget Secretary
Benjamin Diokno.

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Even worse! The gravel and concrete
road project was still all dirt and mud
when I saw it, less than a week away
from its completion date.

When I wrote about how Gomez


maltreated his city treasurer after
advising him against issuing a P10
million check for an anomalous project
and when I called out this apparently
environmentally disastrous road
project, I didn’t expect Mayor Gomez
himself to start calling me a “paid
hack” and protector of drug lords.

Even thought I am still skeptical that


the Facebook account Richard Goma
Gomez that engaged me in the
comment section of a post on Leyte
4th District Freedom Wall really
belongs to Gomez and that it was
really him engaging me, a casual
check on the account’s wall shows
that it is friends with a couple of
reporters whom I know and this to me
is a strong indication that it is indeed
Gomez’s Facebook account.

Although it boggles me why he would


choose to lob bare accusations in a
post on Leyte 4th District Freedom
Wall like a stupid yellowtard instead of
using his official Facebook page to
address the issues I raised against him
in a decent, sober manner befitting a
mayor.

Perhaps his social media managers


(and I know he has social media
managers as well as trolls in his
employ) should keep him from
damaging his own reputation by
behaving like a common buffoon.

He should be warned, at the very


least, that writing libelous comments

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such as “Drug Lord Codilla” could earn
him sued.

Since he brought up the issue of drug


lords, as far as I can remember it was
Gomez’ name and not Codilla that
was uttered in a Senate
investigation on the so blue book
of slain Albuera Mayor Rolando
Espinosa.

What follows is a transcription of part


of the Senate hearing presided by
Senator Tito Sotto:
Sen. Sotto: Sino yung mayor ng
Ormoc?
Police: Aah… Richard Gomez,
your honor.
Sen. Sotto: Based on your
information, all of them are
involved in the Espinosa group?
Police: That the statement of
mayor Espinosa himself your
honor.

As of this writing, I was told by my


contacts in Ormoc that Gomez has
rounded up his social media operators
and even called punong barangays to
a meeting.

For a “cheap writer” such as Mayor


Gomez calls me, what I wrote here on
Get Real Post sure caused a lot of
damage to his fragile pinoy artista
ego.” (Emphasis supplied)

Q16: I have a printout out marked as Exhibit “D”,


what relation does this have to the article you
just read?
A: It’s the same article.

Q17: What else did the respondent maliciously post


on his FB account against you?
A: On January 21, 2109 at around 7:14 in the
morning, the respondent maliciously accused

12
that I allowed people destroy the Naungan
Mangrove Forest, and to quote:

“Pero si Ormoc City Mayor Richard


Gomez hinayaan masira ang
Naungan Mangrove forest at
pinabayaang gawan kalsadang
putik.”
(But the Ormoc City Mayor Richard
Gomez allowed that Naungan
Mangrove forest to be destroyed and
allowed it to become a dirt road.)

At around 7:46 in the morning, he again


maligned me, and said on his FB,

“SOP MONTHLY RICHARD GOMEZ

Uy! Si Goma may equivalent pala ni


PAB, maputi nga lang.

Kapag bistado, sa ad hominem ang


kapit…

Unang una, bilang Mayor ng Ormoc


dapat mong sagutin yang
pagpapagawa mo ng fountain sa
halagang P 10 million na hindi pala na
bid out.

(Oh, Goma is the equivalent of PAB,


only that the latter is fair-skinned.)

If he gets exposed, he employs ad


hominem…

Firstly, as Mayor of Ormoc, you should


answer why you had a fountain
constructed for P10 million without
bidding.)

Pangalawa, bakit mo pinasira ang


mangrove forest sa Naungan kung
saan hindi lang napinsala ang
proteksyon sa unos kundi
mapapahamak pa ang libong residente
ng tatlong barangay.

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(Second, why did you allow that the
mangrove forest of Naungan to be
destroyed which is not only a natural
barrier for storms but it will endanger
the thousands of residents in 3
barangays.)

Pangatlo, hindi ako sinibak sa Tribune,


nagkasundo kamo ng mga bossing na
di muna ako magsusulat ng column ko
for “reasons”.

And honestly, nakaka stress ang may


deadline every week.
(Third, I was not axed from Tribune. I
had an agreement with my bosses that
I will not submit columns anymore for
“reasons”.
And honestly, it is stressful to write
with a weekly deadline)

Ikaapat, alam ko kung kaninong


pangalan ang nakatakip at kung bakit
andyan ang mga pangalan yan.

Sa pangalan mo Mayor Gome eh SOP


MONTHLY!”

(Four, I know whose names are


concealed and the reason why their
names are there.
Your name, Mayor Goma, is indicated
SOP MONTHLY!”)

He again posted on said date at around 8:01


AM on his FB, the following:

“Mayor Goma = SOP Monthly


Espinosa drug list”

At around 9:13 in the evening of the same


date, he shared a post of an FB user Krisette
Laureta, and tagged me as “Crazy”. To quote
his FB post,

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“Isama natin kay Mayor Goma ang isa
pang ulol na ito.”
(Let’s include this other rabid/crazy
person with Mayor Goma.)

Q18: I have a printout out of said January 21, 2019-


FB posts including the comment and replies
thereto marked as Exhibits “E” and series,
what relation does this have to the FB post
you mentioned?
A: That is the same FB post of the respondent on
January 21, 2019.

Q19: What other libelous statements that the


respondent posted on his FB account against
you?
A: On January 25, 2019, he again maliciously
posted on his FB account the following:

“#KwentoFromOrmoc

Pasensya na sa mga Ormocanon, hindi


ako taga diyan tulad ni Mayor Goma
niyo pero you people deserve better
leadership.

Good governance ni Ormoc City Mayor


Richard Goma Gomez, basyo at
walang laman.

(Forgive me Ormocanon, I am not from


your city but you deserve a better
leadership than Mayor Goma.
His good governance is empty and
pointless.)

Itong fiber glass na sirang bangka sa


gilid ng isang river embankment ang
sumisimbolo ng karakter ng kanyang
panunungkulan.

Basyo lang…sira ang katig, walang


motor, at walang pangtimon.

(Here is a damaged boat by the river


embankment that symbolizes his
leadership.

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It’s empty, the outrigger damaged, no
engine, and no rudder.)

Vacuous “mayor”

Paano magkakapagbigay ng good


governance si Mayor Tuklaw eh halos
wala sa Ormoc every single week
ng term niya?

Monday and Tuesday lang daw


nasa City hall most of his term.

Tapos ngayon, panay kalat sa


social media ang pekeng pagtira
niya sa Ormoc.

Kasi most of the time, andito siya sa


Manila.

(How can Mayor Tuklaw boast of good


governance when he is not in Ormoc
every single week of his term?
I have been told he is only in City Hall
only on Mondays and Tuesdays. Then,
he uses social media to spread the
word of his fake residence in Ormoc.
This is because, most of the time, he is
here in Manila)

Ormocanon friends on FB and the


freelance journo I talked with say he is
an absentee mayor.

Siguro kayong mga taga Ormoc lang


talaga ang makakapagmahal sa mga
kapwa ninyong taga Ormoc.

(Maybe, it is only a real Ormocanon


that can love his fellow Ormocanon.)

Q20: After it was posted, what happened?


A: A certain FB user Desiree S Ching
commented,

“Magkano naman inabot per bangka?


Haist:

16
(How much did each banca cost?
Haist:)

To which, the respondent maliciously


replied,

“Desiree S Ching fiberglass kaya


baka 2 million isa hahahah”
(Desiree S Ching that’s fiberglass,
maybe it is 2 million per boat)

Q21: I have a printout out of said January 25, 2019-


FB post including the comment and replies
marked as Exhibits “F” and series, what
relation do these have to the FB posts,
comments and replies you mentioned?
A: That is the same FB post of the respondent on
January 25, 2019.

Q22: What about the 3rd article, posted on January


26, 2019 on his Facebook?
A: The entire article reads as: “Douchebag
Mayor Goma Destroys Naungan Mangrove to
the tune of P137 Million

So... I was saying that Ormoc


Mayor Richard Goma Gomez was a
douchebag because he ran out his
city's treasurer after she refused
to release a P10 million check for
a fountain project which was not
bidded out and for destroying part
of Naungan mangrove park.

As I suspected, the DENR opposed the


project but somehow, the project
pushed through...

Here is an excerpt from an article in


the PNA:
The Department of Environment and
Natural Resources (DENR) has called
on the Department of Public Works
and Highways (DPWH) to stop cutting
trees in the ongoing construction of a
diversion road in Ormoc City.

17
In a statement issued Thursday, DENR
Regional Executive Director Crizaldy
Barcelo said 21 trees have been cut
within the site of two packages of the
road project so far, covering an
aggregate volume of 2.16 cubic
meters.

Based on initial inspection,


construction works will uproot 16
mangrove trees under package A and
196 trees under package B. The
cutting of trees was made even before
the issuance of Environmental
Compliance Certificate, according to
DENR.

Lalain Marcos Jimenea, Gomez'


PR/spokewoman made a feeble
defense, saying that Mayor Gomez
couldn't be blamed for the destruction
wrought the bypass diversion road
cutting through the mangrove park.

But... but... here is Mayor Goma taking


credit for the bypass road that killed
part of a mangrove forest that
protects people from storm surges...

Even stopping trucks to tell them to


use the bypass road (a large stretch of
which is still mud and would probably
mire the trucks. Jeezzz..” (Emphasis
supplied)

Q23: I have a printout out marked as Exhibit “G”


and series, what relation does this have to
the article you just read?
A: That’s the same.

Q24: Now, after it was posted, what happened?


A: A certain FB user Clarita Carlos commented.
Then the respondent replied to said comment
and said:

18
“Clarita sad maam. Even sadder if
it turns out that 30 to 40 percent
went to pockets…you know.”

Q25: Why do you say these articles are libelous?


A: The online articles and FB posts, comments
and replies written and posted by Paul Farol
create the impression that I am incompetent,
corrupt, negligent, and have no concern for
Ormoc. The articles all have no factual bases,
are speculative and are based on a hearsay,
and are all false statements made to destroy
my reputation as a Mayor and Ormocanon. It
is very clear that Farol is motivated by bad
faith and malice in coming out with the
articles. With the frequency of the
publications and the reckless way that he
writes, without verifying his sources, it is also
very clear that the articles are meant only to
harass defame and discredit me.

Q26: What else can you say about this libelous


articles made by respondent Paul Farol?
A: As I said, respondent Paul Farol is motivated
by bad faith and malice in coming out with
these articles and posted the same online.
This is bolstered by the fact on what
transpired when he came to Ormoc City on
January 15, 2019. As can be seen below:
a. At around 5:30PM on January 15,
2019, he posted,
“Business meeting in two hours.”
b. On January 16, 2019 at around 7:54
AM, he posted,
“Good morning Ormoc City!”
The several comments were made by
his FB friends. But significantly, an FB
user Jug Alogs commented with
picture, and said,

“Paul Farol in the house, thanks for


the visit bro”

The picture shows Paul Farol with the


Codillas, in the residence of one of
the Codillas, who are my political
opponents this coming election.

19
c. On January 16, 2019, he again posted
on his FB with picture of the sibling of
my political opponent.

These evidences show and prove that


respondent Farol’s articles and FB posts,
comments and replies against me were made
out of bad faith.

Q27: I have a printout out these FB posts and


comments marked as Exhibit “H” and
series, what relation does this have to the
article you just read?
A: That’s the same FB posts and comments.

Q28: Considering that respondent was totally lying,


what did you do next?
A: I was advised by family, relatives and friends
to protect my person, honor and rights
against the malicious defamatory and
slanderous statements that the respondent
made on Radio and Facebook.

Q29: Now, because of such malicious acts of the


respondent against you, what can you say?
A: According to my lawyer, the malicious
defamatory statements that the respondent
on GRP and Facebook, is clearly a violation of
Article 353 of the Revised Penal Code of the
Philippines provides:

“A libel is public and malicious


imputation of a crime, or of a vice
or defect, real or imaginary, or
any act, omission, condition,
status, or circumstance tending to
cause the dishonor, discredit, or
contempt of a natural or juridical
person, or to blacken the memory
of one who is dead.”

Q30: Why did you say that?


A: Because these acts, circumstances,
statements/publication/posts of the
respondent, being malicious and
defamatory imputations which the

20
respondent publicly made purposely without
good intention and justifiable motive against
me had caused or tending to cause
dishonor, discredit or contempt to my
person and honor.

Q31: What more can you say about this case?


A: My lawyer further explained to me that the
malicious posting containing defamatory
words against me by the respondent on GRP
and his FB account is a clear violation of
Section 4, paragraph C, 4 of Section 4
(c) (4) of the Republic Act No. 10175 or
“Cybercrime Prevention Act of 2012″,
which provides that:

“(4) Libel. — The unlawful or


prohibited acts of libel as defined
in Article 355 of the Revised Penal
Code, as amended, committed
through a computer system or any
other similar means which may be
devised in the future. (Emphasis
supplied)

Q32: What else can you say?


A: As a result of the incidents, which are
malicious and defamatory, I personally
suffered social humiliation, embarrassment,
moral shock, wounded feelings and mental
anguish. Thus, the respondent must be
condemned liable to pay the sum of not less
than Five Million Pesos (PhP 5,000,000.00)
as moral damages. And in order to serve as
an example for the public good, the
respondent must be adjudged liable to pay
the sum of not less than Five Million Pesos
(PhP 5,000,000.00) as exemplary damages.

Q33: What else did you do regarding these


malicious defamatory statements of the
respondent?
A: I have been constrained to litigate the matter
in court with the assistance of counsel, thus,
respondent must be condemned to pay Two
Hundred Thousand Pesos (PhP
200,000.00) as attorney’s fees and Two Five

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Hundred Pesos (PhP 2,500.00) as
appearance fee and One Hundred Thousand
Pesos (PhP 100,000.00) as litigation
expenses.

6. I have executed this Judicial Affidavit to attest to


the truth of the foregoing, the same to be submitted to the
Office of the City Prosecutor, the Municipal Trial Court in
Cities (MTCC) and/or Regional Trial Court (RTC) of Ormoc City,
in lieu of my direct testimony in this criminal case for
violation of Article 353. Libel, of the Revised Penal
Code (RPC) and/or Section 4(c),(4) of the Cybercrime
Prevention Act of 2012 against respondent PAUL FAROL
and for whatever lawful purpose and intent the same may
serve.

7. I further sayeth naught.

IN WITNESS WHEREOF, I have hereunto affixed my


signature on _________________, in Ormoc City, Philippines.

RICHARD I. GOMEZ

SUBSCRIBED AND SWORN TO before me on


_______________, in Ormoc City, Philippines.

SWORN ATTESTATION

I, ADELITO M. SOLIBAGA JR., Filipino, of legal age,


married with business address at Solibaga Law Office, J.
Navarro St., Ormoc City, after having been sworn to oath in
accordance with law, hereby depose and state, THAT:
1. I faithfully recorded the questions I asked of and
the corresponding answers that RICHARD I.
GOMEZ gave; and
2. Neither I nor any other person then present or
assisting him coached RICHARD I. GOMEZ
regarding the latter's answers.

ADELITO M. SOLIBAGA, JR.

SUBSCRIBED AND SWORN TO before me on


_______________ in Ormoc City, Philippines.

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