Republic of The Philippines Regional Trial Court National Capital Judicial Region City of Manila BRANCH - People of The Philippines

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANILA
BRANCH _____
PEOPLE OF THE
PHILIPPINES,
Complainant,
-versus- CRIM CASE NO. ____________

For: Libel
JERWIN AGUINALDO,
MHEDY JOY VILOG,
RONALYN ORPIANO,
Accused.
x-------------------------------x
DEMURRER TO EVIDENCE
Accused JERWIN AGUINALDO, through the undersigned counsel,

unto this Honorable Court respectfully submits this Demurrer to Evidence
with prior leave of court, and in support thereof alleges that:
Prefatory Statement
The Constitution mandates that an accused shall be presumed

innocent until the contrary is proven beyond reasonable doubt. Where the
state fails to meet the quantum of proof required to overcome the
constitutional presumption, the accused is entitled to an acquittal, regardless
of the weakness or even the absence of his defense. By constitutional fiat,
the burden of proof is accordingly vested in the prosecution. People of the
Philippines vs. Sergio Bato and Abraham Bato, G.R. No.113804 January
16, 1998. The presumption cannot be overcome by suspicion or conjecture
i.e. probability that the accused committed the crime or that he had the
opportunity to do so. To overcome the presumption of innocence proof
beyond reasonable doubt of every fact essential to constitute the offense with
which the accused is charged must be clearly established by the prosecution
People vs. Mamalias G.R. No. 128073. March 27, 2000 citing People vs.
Isla, 278 SCRA 47 (1997).
Facts of the Case:
Accused stands charged before this Honorable Court of the offense,

filed in Court in February 24, 2022, the information reads:
That on or about 15 December 2021 in the City of Manila, Philippines,

the said accused, Jerwin Aguinaldo, being then the Head Coach of the
National Dragon Boat Race Women’s Division, and the source of a news
article entitled “All is well for Pinay rowing team to SEAG”, while
Mhedy Joy Vilog and Ronalyn Orpiano, being then the writer of the
said news article and the Sports Editor of The Daily Bulletin,
respectively, edited and published in the City of Manila the said news
article in the 15 December 2021 issue of The Daily Bulletin, which has a
considerable circulation within the said City and throughout the
Philippines, conspiring and confederating together and helping one
another, did then and there willfully, unlawfully and feloniously with a
malicious intent of impeaching the honor, virtue, character and reputation
of one Jaena Kate Sicat, write, publish or caused to be written and
published in the said 15 December 2021 issue of The Daily Bulletin, the
pertinent portion of which is hereunder quoted:
“All is well for Pinay rowing team to SEAG”

The RP Dragon boat team almost failed to paddle its way to the
31st Southeast Asian Games just because veteran rower Jaena
Kate Sicat was not included in its line-up.
Philippine Dragon Boat Federation President Jerwin

Aguinaldo yesterday said the SEA Games Task Force has
questioned why the line-up did not include Sicat, who won two
gold medals in the 2019 SEAG.
According to Aguinaldo, he and the association were

asked to submit a written report justifying the exclusion of Sicat
from the official line-up of the team.
Aguinaldo said he complied before the prescribed

deadline, but the task force failed to reply, raising speculations
that the squad will not be included in the biennial meet to
defend its title.
“We were given before noon of 22 November to come up

with an explanation.” Aguinaldo, also the squad’s head coach
and technical director, said “Though we complied, they didn’t
give us any clear answer whether we will go (to the SEA
Games) or not. Good thing when I personally approached task
force head Jason David, he told me that my explanation is
acceptable and we will all go to the SEA Games.”
Aguinaldo justified that Sicat was not included in the

line-up because of her poor showing in their training, as
reflected on her attendance sheet and evaluation records.
Also, the SEA Games and the organizing committee of

Vietnam decreased the number of participants in the traditional
dragon boat from 25 rowers two years ago to only 15 this year,
leaving no slot for 10 other outstanding paddlers, including the
dowdy 39-year old Sicat, arguably the oldest in the group.”
containing false, malicious, derogatory and highly libelous imputation as

well as offensive insinuations against the good name, character and
reputation of the said Jaena Kate Sicat, thereby exposing her, as in fact,
she was exposed to dishonor, public contempt, discredit, and ridicule.
Contrary to law.
Upon being arraigned, accused JERWIN AGUINALDO pleaded not

guilty to the charge alleged in the information. Thereafter trial ensued.
PROSECUTION EVIDENCE
To prove the evidence for the prosecution, the prosecution presented

the testimony of the following witnesses:
1. Private Complainant JAENA KATE SICAT - She testified that on

December 15, 2021, she received several calls and messaged from
her family, friends and colleagues, informing me that a malicious
article against her was published in the December 15, 2021 issue of
The Daily
Bulletin. According to her, the article entitled: All is Well for Pinay
Rowing Team to SEAG, it contains malicious imputations and
dishonorable acts in the said article against her, which assassinated
her character and good
reputation. The article said that she has poor showing in training,
which is clearly erroneous.
2. LOUISE MARIZ PROFUGO – According to her, Ms. Sicat is a

very dedicated woman when it comes to practices, and she is the
one who always motivates their teammates. She testified that Mr,
Aguinaldo is a very strict coach and she witnessed that during one
of their practices or training, Aguinaldo was shouting against Ms.
Sicat.
3. Dr. VIOLETA SANTOS – She testified that she works at the

Philippine Dragon Boat Federation as the Head of Nutrition and
Fitness Department. She develops and implements nutrition-
focused wellness programs. According to her, she confronted Mr.
Aguinaldo that Jaena Kate Sicat is not on the list as one of the
participants for the upcoming SEA Games.
AGRUMENTS AND DISCUSSION:
The defense after reviewing the prosecution’s evidence believes that

the evidence submitted by the prosecution is not substantial to justify the
conviction of the accused beyond reasonable doubt. Accused respectfully
submits that he is entitled to an acquittal as the prosecution failed to present
the quantum of evidence to prove his guilt beyond reasonable doubt.
It is humbly submitted that the documentary exhibits presented by the

prosecution does not prove any fact there is an imputation of a crime, or of a
vice or defect, real or imaginary, or nay act, omission, condition, status or
circumstance which is defamatory imputation and malicious in nature.
Also, the defense failed to prove that Mr. Aguinaldo participated in

writing of the news article of the Daily Bulletin and Facebook comments
from the public. According to Art. 360 of the Revised Penal Code, persons
responsible for the crime of Libel are the following: (1) the person who
publishes, exhibits or causes the publication or exhibition of any defamation
in writing or similar means; (2) the author or editor of a book or pamphlet;
(3) the editor or business manager of a daily newspaper magazine or serial
publication; and (4) the owner of the printing plant which publishes a
libelous article with his consent, and all other person who, in any way;
participate in or have connection with tis publication.
Failure of the prosecution to present relevant source or evidence is

VERY FATAL to their case. Therefore, a necessary consequence of this
failure by the prosecution to prove all the elements of the crime,
ACQUITTAL of the accused is a foregone conclusion.
As to the alleged crime of Libel, absence of any evidence pointing to

the culpability of the accused, deserves dismissal of the case. It bears
stressing that no evidence whatsoever was presented that accused had indeed
discredit private complainant by means of libelous remarks.
The Supreme Court has consistently ruled:
“The evidence for the prosecution must stand or fall on its

merits, and cannot be allowed to draw strength from the
weakness or absence of the evidence for the defense (People
v. Villapana, G.R. 53984, 5 May 1988)
PRAYER
WHEREFORE, in the light of the foregoing, it is respectfully prayed

that accused be ACQUITTED for failure of the prosecution to prove her
guilt beyond reasonable doubt.
Other relief just and equitable are likewise prayed for.
Manila, 07 June 2022
Irish Claire Forneste

IRISH CLAIRE FORNESTE
Counsel for Accused
Roll of Attorneys No. 12345
PTR No.1234567/01.05.2022/Makati City
IBP No. 12345/Life Time/Makati City
MCLE Compliance No. V-0012345/07.08.2019
30F Zuellig Building, Makati Ave.
Corner Paseo De Roxas, Makati City
Tel No. (02) 8881-2345
Mobile No. 09998795
Email: [email protected]
Copy furnished:
ATTY. CHRISTOPHER JOHN P. PEREZ

Assistant City Prosecutor
Office of the City Prosecutor
Department of Justice
Manila City Hall Compound
City of Manila
ATTY. KERNELL SONNY J. SALAZAR

Counsel for the Private Complainant
Salazar Duque Law Office
69 Tower C M Place Condominium
Panay Ave., South Triangle, QC
JAENA SICAT
Private Complainant
San Vicente, Santa Ignacia
Tarlac City, Pampanga
EXPLANATION
Copies of the foregoing comment were served upon the parties/complainant
as indicated above through electronic means and registered mail due to healthrisks,
distance, practicality and lack of messengerial manpower to effect personal
service.
Irish
Claire Forneste
ATTY. IRISH CLAIRE FORNESTE

Republic of The Philippines Regional Trial Court National Capital Judicial Region City of Manila BRANCH - People of The Philippines

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

-versus- CRIM CASE NO. ____________

Accused JERWIN AGUINALDO, through the undersigned counsel,

The Constitution mandates that an accused shall be presumed

Facts of the Case:

Accused stands charged before this Honorable Court of the offense,

That on or about 15 December 2021 in the City of Manila, Philippines,

“All is well for Pinay rowing team to SEAG”

Philippine Dragon Boat Federation President Jerwin

According to Aguinaldo, he and the association were

Aguinaldo said he complied before the prescribed

“We were given before noon of 22 November to come up

Aguinaldo justified that Sicat was not included in the

Also, the SEA Games and the organizing committee of

containing false, malicious, derogatory and highly libelous imputation as

Upon being arraigned, accused JERWIN AGUINALDO pleaded not

To prove the evidence for the prosecution, the prosecution presented

1. Private Complainant JAENA KATE SICAT - She testified that on

2. LOUISE MARIZ PROFUGO – According to her, Ms. Sicat is a

3. Dr. VIOLETA SANTOS – She testified that she works at the

AGRUMENTS AND DISCUSSION:

The defense after reviewing the prosecution’s evidence believes that

It is humbly submitted that the documentary exhibits presented by the

Also, the defense failed to prove that Mr. Aguinaldo participated in

Failure of the prosecution to present relevant source or evidence is

As to the alleged crime of Libel, absence of any evidence pointing to

The Supreme Court has consistently ruled:

“The evidence for the prosecution must stand or fall on its

WHEREFORE, in the light of the foregoing, it is respectfully prayed

Other relief just and equitable are likewise prayed for.

Manila, 07 June 2022

Irish Claire Forneste

ATTY. CHRISTOPHER JOHN P. PEREZ

ATTY. KERNELL SONNY J. SALAZAR

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