Rama’s ex-aide convicted of libel

CEBU, Philippines — A court in Cebu City has found former mayor Michael Rama’s executive assistant guilty of libel for allegedly posting a defamatory article against Mayor Tomas Osmeña.

The article was posted on the social networking site sometime in 2015, when Rama was still the sitting mayor.

Judge Alexander Acosta of Regional Trial Court Branch 9 in Cebu City found Aniceto “Abbey” Canturias, former executive assistant of Rama, guilty of libel in relation to Republic Act 10175 or Cybercrime Prevention Act.

“This court, after consideration of the evidence presented by the prosecution and the defense, is convinced that accused Canturias is guilty of the crime charged. Thus, this court found no reason but to convict the accused,” read Acosta’s decision.

Canturias was sentenced to suffer the indeterminate penalty of four years and two months as minimum to eight years as maximum.

Osmeña accused Canturias of posting on his Facebook page defamatory remarks against the former.

“Police reports say that the ex-future mayor was on the wheel on that fateful Saturday night at break-neck speed when the Dodge Charger hit the 35-year-old woman S-S-P-L-U-C-C-K-KKK! Didn't you know he has had a penchant for fast cars?" Canturias’ post allegedly read.

Osmeña said that because of the post, there were netizens who maligned, humiliated and even cursed him and his wife, Margot.

Some even commented and attributed to Osmeña the crime of reckless imprudence resulting to homicide and driving under the influence of alcohol.

Osmeña claimed that the accused was referring to him since his picture appeared in his post and “everyone knew that he (Osmeña) filed his certificate of candidacy for mayor for the 2016 elections.”

Canturias, for his part, denied the accusations filed against him. He claimed that the statement made online was not taken with bad faith or malice and, in fact, made in line with his freedom of speech.

He added that the matter involved public interest.

Canturias alleged that his post was based on a police report but admitted that he did not affirm or confirm the police report which was the basis of his post involving the private complainant nor did he go to Lapu-Lapu City, where a different person whose last name happened to be “Osmeña” figured in a road accident.

Acosta, nonetheless, found sufficient evidence to convict the accused.

“There is no doubt that herein accused indeed posted a defamatory article containing allegations imputing that private complainant has committed the crime of reckless imprudence resulting to homicide,” his decision read. — JMD (FREEMAN)