Palace official faces libel raps

CEBU, Philippines —  A former manager of a local radio station who is now an official of the Presidential Communications Operations Office (PCOO) is facing charges for violation of the Cybercrime Prevention Act of 2012.

Former Cebu City south district councilor Gerardo Carillo filed the case against DYRC station manager Juniño Padilla for allegedly lambasting him on Facebook. Padilla is now a director of PCOO.

 Acting City Prosecutor Chevin Vasquez held Padilla for trial for violation of the anti-cybercrime law in relation to Article 355 of the Revised Penal Code after finding probable cause.

“Accordingly, the state believes that there is probable cause to support a finding of four counts of violation of RA 10175 in relation to Article 355 of the Revised Penal Code and therefore the motion for reconsideration is hereby denied,” read the resolution.

Earlier, Carillo, a resident of Cebu City filed a complaint before the Prosecutor’s Office against Padilla after the latter posted in his Facebook account that he has not settled his obligation of P120,000 to the station.

“HOI ATTY DUKOL MARUA GUD NIMO OI…MAS GANAHAN MAN KAG AWAYON PARA MA T.Y. IMUNG UTANG. AYAW CGEG MINARO.. SIMPLE RA KAAYO.. BAYRI NA IMONG 120K UTANG SA DYRC.. AYAW PALABIG PABAGAG LEPZZZ OI,” read one of Padilla’s posts.

Before that, sometime in 2015, Carillo said Padilla offered him a program with the objective of helping his public exposure if he desires to run for public office.

Allegedly, he was told by Padilla not to worry about the cost of the air time because of national advertisers that would sponsor the program.

Carillo said the program “Cebu Media Forum” went on for a year.

When election campaign drew nearer, he told Padilla he could no longer continue the program because of the election prohibitions.

On April 22, 2016, he said he handed P60,000 to Padilla as assistance.

After the 2016 election, Carillo said he received a billing statement from the station that he had a balance of P100,000.

Carillo alleged that on December 19, 2016, he received another billing statement in the amount of P120,000.

Because of that, he instructed his law firm’s controller to review said billing and settle it. His law firm’s controller however, informed him that he had already paid a total of P100,000.

In an effort to reconcile the payments and the billing statements, Carillo said he tried to contact Padilla and even sent him a message for a meeting.

Later, he learned that Padilla allegedly lambasted him on his Facebook page.

In his counter-affidavit, Padilla claimed the complaint filed against him was false and purely harassment.

In November 2016, as station manager, he instructed the finance officer to check the delinquent accounts of DYRC in preparation to their year-end audit. As a result, it was found out that there were delinquent accounts from their various clients.

He demanded payments from those who had delinquent accounts. Some, he said, settled their obligations while others continued to evade.

Out of desperation, he sent demand letters and billing statements.

Also, Padilla admitted that he posted statements on his Facebook account without naming anyone and with sole intent to collect the long overdue accounts.

With the foregoing, Vasquez found probable cause that would warrant the filing of case before the court.

“Gauging from the quoted posts, it is very clear that it exposed the person of the private complainant to shame and casts aspersion on his character, integrity and reputation as a lawyer which exposed him to public ridicule,” the resolution stated.

While it was true that Carillo was not named, Vasquez said the former was however identified by other persons and/or by Carillo’s followers in Facebook. — MBG (FREEMAN)