Counter affidavit

I, JOSIE S. SOLES, of legal age, married, Filipino and a resident of Purok Mahogany, Mantahan, Maasin City, Southern Leyte, Philippines, after having been duly sworn in accordance with law, do hereby depose and state: That-

  1. I am the respondent in the instant case. I am charged for Oral Defamation in the complaint-affidavit filed by the complainant.

1 can be served with summons and other court processes at the above-stated address.

  1. On April 1, 2022, I received a copy of the Subpoena from this Honorable Office requiring to file my corresponding Counter-

Affidavit for the purpose of conducting a preliminary investigation in the instant case.

  1. I admit the allegations of complainant in her sworn statement in so far as the same states my personal details.
  2. As to the rest of the statements provided for under the sworn statement, I hereby deny these allegations for lack of sufficient knowledge to form a belief as to the truth thereof.
  3. The paramount question is whether the offender’s act causes annoyance, irritation, torment, distress, or disturbance to the mind of the person to whom it is directed. However, in a closer look on the complaint affidavit of the private complainant, the alleged acts of the accused were not directed to her neither it was made indirectly to her.
  4. In the case of Enrique de Leon vs. People of the Philippines (G. No. 212623, January 11, 2016) through the ponencia of Associate Justice Jose Mendoza defined and expounded on the elements and nature of oral defamation:

“Oral defamation or slander is libel committed by oral (spoken) means, instead (of) in writing. It is defined as ‘the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.’ The elements of oral defamation are: (1) there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status or circumstances; (2) made orally; (3) publicly; (4) and maliciously; (5) directed to a natural or juridical person, or one who is dead; (6) which tends to cause dishonor, discredit or contempt of the person defamed.

  1. To determine whether a statement is defamatory, the words used in the statement must be construed in their entirety and should be taken in their plain, natural and ordinary meaning as they would naturally be understood by persons reading them, unless it appears that they were used and understood in another sense. It must be stressed that words which are merely insulting are not actionable as

me, for the rule is that “when at the outset the evidence cannot sustain a prima facie case or the existence of probable cause to form a sufficient belief as to the guilt of the accused cannot be ascertained, the prosecution must desist from inflicting on any person the trauma of going through a trial.”

14 have caused the execution of the foregoing affidavit and do hereby to attest to the truth of the declarations herein.

15 am voluntarily executing this Counter-Affidavit to attest the veracity of the foregoing statements. Moreover, the contents thereof were explained to me in Tagalog which I fully understand.

16 all the foregoing, it is respectfully implored that this Honorable Office forthwith dismiss the instant Complaint for lack of factual and legal basis.

IN WITNESS WHEREOF, I have signed this 10th day of April, 2022 at Maasin City, Southern Leyte, Philippines.

JOSIE S. SOLES

Affiant Voter’s ID No. 1035404C

SUBSCRIBED AND SWORN to before me this 10th day of April 2022 at Maasin City, Philippines by affiant who exhibited to me competent evidence of identity.

SARAH JEAN L. BANDIBAS

ATTY. ADELFA S. TAGRA

Counsel for Private Complainant