Lawyer sues netizen from Davao for “defamatory” FB comment

CEBU, Philippines - A netizen from Davao City is now facing criminal complaints before the Cebu Provincial Prosecutor's Office for posting an allegedly defamatory remark on Facebook against a Cebu-based lawyer.

Lawyer Vincent Isles filed on Friday complaints of violation of Republic Act 10175 (Cybercrime Prevention Act of 2012) against a certain Anrey Jay Nebres of Bago Gallera, Talomo District, Davao City.

The complaint stemmed from a comment of Nebres to a July 19 post of Isles in a political group on Facebook named "Maghisgot Kitag Politika, Bay" where the lawyer criticized President Rodrigo Duterte for failing to keep his promise to issue an executive order on Freedom of Information on the first day in office.

The post generated thread of reactions from the netizens, including that of Nebres which reads, "Vincent wala pa lage ka nisurender? Dili na baya mudawat ang punirarya ug patay kay nagtapun-og na mga lawas nga wala gipanguha basin mabaligya ka sa nagskwela ug medicine. Looy pud. (Vincent, why have you not surrendered yet? Funeral parlors are no longer accepting dead bodies because of the piling up of unclaimed cadavers. You may end up being sold to medical students. How pathetic it is)."

Isles said the post alluded to the series of extrajudicial killings of suspected drug users and pushers.

"The intent, clearly, is to malign my honor, by ascribing to me a crime or crimes, either as a user of prohibited drugs or as a seller thereof," he stated in his complaints.

 He averred that the act of Nebres constitutes violation of the anti-cybercrime law since the libel was committed through a computer system.

Libel is defined under Article 353 of the Revised Penal Code as a "public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead."

It is committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means.

In order for an imputation to constitute the crime of libel, it must be defamatory, made publicly, malicious, and that the person defamed must be identifiable.

Isles explained that the imputation of the crimes was made in public, considering that the posts at "Maghisgot Kitag Politika, Bay" are public and can be accessed by anyone with an Internet connection, even if they are not members of Facebook or of the Maghisgot Kitag Politika Bay forum.

He added that the imputation of the crimes was presumptively malicious since it does not fall within the exceptions set by the law for it to be justifiable.

The FREEMAN tried to reach Nebres through Facebook but did not receive response as of this writing. (FREEMAN)