Entry of Good morning your Honorable Commissioner, I am Atty.
Appearance Stewart Paul T. Torre respectfully appearing as private prosecutor under the direct control and supervision of the public prosecutor in Criminal Case Nos.17-81304 and 17- 81305 for violation of section 4, paragraph c, sub-paragraph 4 of R.A. 10175.
Court : Call the case
Clerk of : People of the Philippines Vs. Erilyn Mapa Hojilla for Court violation of section 4, paragraph c, sub-paragraph 4 of R.A. 10175. The criminal cases are docketed as Criminal Case Nos.17-81304 and 17-81305. Court : Appearances of the Prosecution Prosecution : Same Appearance Atty. Stewart Paul Torre Court : Appearance of the Defense Defense : Same Appearances Atty. Wilfredo Acebuque Court : Who is your 1st witness? Prosecution : Zerlyd Alcalde Esmalla Court : Are you ready? Court : Call your witness Prosecution : May we call Zerlyd Alcalde Esmalla to the witness stand please Court : Raise your right hand. Do you swear or affirm to tell the truth, Interpreter the whole truth, and nothing but the truth? State your personal circumstances.
Zerlyd : I do. I am Zerlyd Alcalde Esmalla,36 years, a resident of Oton, Iloilo, a solo parent to my three children and the private complainant of the case against Erilyn Mapa Hojilla
Prosecution : We offer the testimony of the witness-complainant to prove
that the accused committed acts which constitute cyber libel/online libel which is illegal or against public policy. Specifically, the testimony of Zerlyd Alcalde Esmalla is being presented for the following purposes:
1. To prove that she is the private complainant and
primary witness in Criminal Case Nos.17-81304 and 17-81305 for violation of section 4, paragraph c, sub- paragraph 4 of R.A. 10175. 2. To identify the marked exhibits and their respective sub-markings; 3. To show that she is one of the facebook friends of Zerlyd Alcalde Esmalla; 4. To prove that she is testifying based on her personal knowledge; 5. To prove that she has read and retains in her mobile phone a copy of Facebook posts respectively dated May 9, , 2017 and 12, all in 2017 imputing malicious and defamatory remarks made by the accused Erilyn Mapa Hojilla against her; 6. To prove that the same remarks was made a public Facebook post which means that anybody can read it; 7. To affirm and confirm that the malicious imputation was clearly made against Zerlyd Alcalde Esmalla; and 8. Finally, the testimony is being offered for other purposes relevant to the foregoing. Prosecution : May I proceed your honor? Court : Proceed Prosecution : Ms. Zerlyd Alcalde Esmalla, Do you have a facebook account? Zerlyd : Yes your honor Prosecution : When did you start using facebook? Zerlyd : Sometime in 2015 Prosecution : Have you encountered any offensive remarks on facebook? Zerlyd : Yes your honor Prosecution : When was that? Zerlyd : May 9, 10, 12, 2017 Prosecution : Can you tell us about this offensive facebook post and how you feel after reading it Zerlyd : Yes your honor. ….. Elaborate …
Prosecution : How are you related to Erilyn Mapa Hojilla
Zerlyd : She is my batchmate in high school, my friend and we became close friends sometime in 2015 Prosecution : If Erilyn Mapa Hojilla is inside this court room, will you be able to identify her? Zerlyd : Yes, there she is your honor. Prosecution : Ms. Witness, do you remember executing a judicial affidavit complaint? Zerlyd : Yes your honor Prosecution : I’m showing you a copy of a judicial affidavit complaint dated June 23, 2017 marked as “Exhibit P2”, is this the same affidavit you executed before the prosecutor’s office? Zerlyd : Yes your honor Prosecution : Appearing on page 3 of the same affidavit is the name Zerlyd A. Esmalla with corresponding signature above the name, whose name and signature are these? Zerlyd : Those are my name and signature. Prosecution : We manifest that the witness identified the name and signature found in the affidavit. We pray that this name and signature be collectively marked as “Exhibit P2-A” Court : Mark it Prosecution : Before whom did you execute this affidavit? Zerlyd : Before Atty. Alonette Ragodo-Perez Monreal : Appearing above the name Atty. Alonette Ragodo-Perez is a signature, do you know whose signature is this? Prosecution : That is Atty. Perez’s signature Zerlyd : How did you know that this is her signature? Prosecution : I was there when she affixed her signature Zerlyd : We pray that the signature appearing above the name of Atty. Alonette Ragodo-Perez be marked as “Exhibit P2-B” Prosecution : In pages 1 and 2 of your judicial affidavit, you cited the malicious imputation or libelous remarks made by Mapa against you. Among those remarks, which one/s bothered you most Zerlyd : Hudas, hasler, panunto obra mo, mangu ka Prosecution : How did you know of the said facebook post? Zerlyd : I personally read it as we were facebook friends back then. My friends, classmates and relatives likewise called my attention. Prosecution : How certain are you that she was referring to you when she posted libelous remarks on facebook? Zerlyd : She clearly mentioned my complete name-ZERLYD ALCALDE on her facebook post. Prosecution : How sure are you that those libelous remarks were posted by Erilyn? Zerlyd : First, the post bears her complete name and picture and she has been using and maintaining such account name for several years already. I have been following her posts and status updates
Second, when I read those posts, I replied to her though
messenger to explain my side of the story but she did not listen to me. In fact, she posted my explanation on her facebook wall and her friends started bashing me by commenting on her rants Prosecution : Do you have proof of the malicious imputation or libelous remarks made by Erilyn against you? Monreal : Yes. I have a printed copy of the post. I also have a police blotter report which I secured from Oton Municipal police station. Prosecution : I am showing you “Exhibit P3”, a printed copy of the screen shot of the accused’ post with a heading HOY ZERLYD ALCALDE, stating malicious imputations such as Hudas, hasler, panunto obra mo, mangu ka. Do you affirm and confirm that these are the faithful reproduction of the post? Zerlyd : I confirm your honor Prosecution : Your honor, we pray that the words a) Hudas, b) hasler, c) panunto obra mo and d) mangu ka…appearing in exhibit p3 Be sub-marked as “Exhibit P3-A”, “Exhibit P3-B”, “Exhibit P3-C”and “Exhibit P3-D” respectively Prosecution : Do you still have the softcopy of the post on your mobile phone? If so, please show it before the court Zerlyd : Yes. In fact I brought the it with me. *show post on faecbook Prosecution : I am showing you “Exhibit P4”, a printed copy of the screen shot of the accused’ facebook post dated May 12, 2017, 7:42pm. Do you affirm and confirm that these are the faithful reproduction of the post? Zerlyd : Yes your honor Prosecution : Your honor, we pray that the words a) pagkahudas mo, and b) kapanulay sang gnhimo mo…appearing in exhibit p4 Be sub-marked as “Exhibit P4-A”, “Exhibit P4-B”, Prosecution : Earlier you mentioned that you had a police blotter executed before the municipal police station of Oton, Iloilo. I am showing you a copy of the police blotter marked as “Exhibit P8” do you affirm and confirm that this is the faithful reproduction of the original in the court record? Zerlyd : Yes your honor, I confirm and affirm it Prosecution : That’s all for the Witness your honor