Criminal Case Nos.

17-81304 and 17-81305

Presentation of Prosecution’s 1st Witness

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