Naghain ng Counter-Affidavit si Atty. Jesus “Jess” Falcis sa Department of Justice (DOJ) Manila noong December 18, 2018.
Ito ay kaugnay ng reklamong nine (9) counts of cyberlibel na inihain laban sa kanya ni Kris Aquino.
Ito ay dahil diumano sa mapanirang social media posts ni Atty. Jess laban sa actress/host/web star.
Si Atty. Jess ang nakababatang kapatid ni Nicko Falcis, ang dating managing director ng digital company ni Kris na Kris C. Aquino Productions (KCAP).
Tumayo rin si Nicko bilang talent agent at endorsement closer ni Kris.
Sa kabilang banda, bukod sa pagiging abugado ay isa ring radio host si Atty. Jess.
Napakikinggan siya sa programang BolJak sa Radyo Singko, 92.3 NewsFM ng TV5.
Noong November 15, 2018, humarap si Atty. Jess sa ilang miyembro media upang depensahan ang kapatid kasunod ng pagpapangalan ni Kris kay Nicko bilang respondent sa Qualified Theft at Violation of Republic Act No. 8484 na inihain ng TV host-actress sa pitong lungsod.
Sa inihayag niyang statement noon, sinabi ni Atty. Jess na binantaan diumano ni Kris ang buhay ng kanyang kapatid na si Nicko kaya ito nagpapalamig sa ibang bansa.
Bahagi ng statement noon ni Atty. Jess: “Contrary to the claims of Ms. Aquino and her lawyers, my brother staying abroad is not an indication of guilt.
“She took away my brother from our family and my brother is forced to stay abroad because of serious threats to his person and safety.
“I know for a fact that Ms. Aquino threatened my brother: 'YOU FUCKING ASSHOLE NICKO!.... DARE TO STEP IN THIS COUNTRY AND YOU WILL BE DEAD.'
"Grave threats coming from the daughter and sister of former presidents, you do not take lightly.”
Ang bahaging ito ng panayam kay Atty. Jess ay lumabas sa online sites at social media, na naging basehan ni Kris upang sampahan naman siya nitong reklamong cyberlibel.
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KRIS AQUINO IS A PUBLIC FIGURE
Ngayong Martes, January 8, nakatanggap ang PEP.ph (Philippine Entertainment Portal) ng kopya ng Counter-Affidavit na isinumite ni Atty. Jess sa DOJ Manila.
Dito ay iginiit ng lawyer-radio host na ang inihaing reklamo ni Kris laban sa kanya ay “baseless” at walang “probable cause.”
Sinabi rin ni Atty. Jess na si Kris ay isang public figure kaya may karapatan ang ibang taong punahin ito.
Pahayag pa niya, “In my view, she is not even entitled to privacy because she publicly reports on her health and her love life…”
Kasunod ng paghahain ng reklamo ni Kris laban sa kapatid ni Atty. Jess na si Nicko, isinapubliko rin daw ng TV host-actress ang tungkol dito sa pamamagitan ng social media.
Pahayag ni Atty. Jess, "Aquino omitted to state that she herself did not file the cases in a manner that avoids publicity.
"She must have either tolerated or enabled the media to publicize her filing of the complaints as may be seen from the following media or social media reports which photograph her filing the Complaint-Affidavit."
Dahil umano sa mga pahayag ni Kris tungkol sa reklamong inihain niya laban kay Nicko, napilitan si Atty. Jess na sumagot "to uphold the honor of my brother, and our family, who Aquino also mentions in her statements."
Sabi pa ni Atty. Jess sa kanyang Counter-Affidavit, “I read a press statement, which she did not like.
"For Aquino, she is entitled to make public statements about others, but no one is allowed to make statements about her or her family.”
Diin niya, "Her public statements invite comment.
"Though she likely disagrees, she is susceptible to fair public comment and must not be so thin-skinned.
"She projects herself publicly as someone with a certain image that she developed and she must tolerate disagreement with that image."
ENTITLED TO HIS OWN OPINION
Binigyang-diin din ni Atty. Jess ang bahaging ito sa Complaint-Affidavit ni Kris:
"In the same vein, when respondent described me as ‘liar,’ ‘spoiled oligarch brat,’ ‘sinungaling,’ ‘pa-victim,’ ‘madaming faults,’ one who fooled his family, paid a blogger, politicizes everything, and always longs for a man’s company and to be the center of attention, he imputed me conditions that tend to put me in bad light and cause dishonor and contempt upon me."
"Moreover, the words used by respondent in his posts were offensive and humiliating, making it patently obvious that he has no other objective but to embarrass me and injure my reputation.
"This is certainly indicative of actual malice on the part of the respondent."
Sagot dito ni Atty. Jess sa kanyang Counter-Affidavit, may karapatan din siyang maghayag ng opinyon katulad ni Kris.
Aniya, “It may be that she disputes my opinion about her character or the truth of her statements. However, I am entitled to my opinion, just as she is.”
Dagdag pa ni Atty. Jess, “She has not provided any detail to state why any of my statements are malicious or irrelevant, or even why I am not permitted to publicly state my opinion.
"It is as if she believes only she can speak about others or that no one is allowed to say anything that is adverse to her."
Itinanggi rin ni Atty. Jess na tinawag niya ng kung anu-anong masasakit na salita si Kris.
Saad niya, “I did not call her narcissistic, borderline, manipulative, extremely emotional, or criminal.
"She has not offered any details about the truth of the Complaint-Affidavit she filed…"
Sa huli, ayon kay Atty. Jess, “In view of the foregoing, the Complaint-Affidavit should be dismissed for utter lack of basis.
"It is bereft of any probable cause to establish malice and does not overcome Aquino’s susceptibility to public comment."