Over malicious socmed posts: Gwen sues 2 netizens for cyberlibel

CEBU, Philippines — Cebu Governor Gwendolyn Garcia, through her private legal team, has filed 10 counts of criminal complaints for cyberlibel before the National Bureau of Investigation in Central Visayas (NBI-CEVRO) against two netizens accused of spreading malicious and false information about her on social media.

Atty. Alex O. Avisado, one of Garcia’s legal counsels, said they recommended the prosecution of Michael Cano, also known as “Deen Chase,” and Efren Omayan, also known as “Dong Efren,” for violating Republic Act 10175 or Cybercrime Prevention Act of 2012.

The two allegedly accused Garcia on social media of being “corrupt, abusive, and extortionist.”

Avisado said the Facebook posts by Cano and Omayan contain numerous lies and misleading information meant to damage the governor’s reputation.

“All these are lies… We want to punish and hold responsible itong si Michael Cano and Efren Omayan,” said Avisado.

One of Cano’s posts included a screenshot of a message thread allegedly exposing years of corruption involving the governor.

“The individual behind the message is not only connected to a reputable business entity here in Cebu but also went the extra mile to prove the legitimacy of their claims,” read Cano's caption.

Among the claims shared online was an allegation that Garcia’s family had amassed unexplained wealth. The posts alleged that her child now owns two airplanes and that the family possesses a luxury yacht worth $10 million.

Other accusations included claims that the governor collects ?300 per cubic meter of sand and gravel for personal gain, disguised as official government fees. The posts also alleged Garcia receives a 40 percent kickback or "SOP" from every infrastructure project in the province.

Additionally, the Facebook posts accused Garcia of ordering the closure of several businesses — including quarry sites, Apo Cement, Carmen Copper, and multiple piggery operations — to benefit favored individuals or relatives positioned to take over once these were reopened.

Avisado dismissed these claims as baseless and deceptive.

“Hindi lang sila pati lahat nang nag-share ng mga fake news nato, lahat ng nag-comment sa post, lahat ng gumawa ng fake accounts para magkaroon ng engagement, hindi namin ito papalagpasin,” he said.

He emphasized that the allegations not only lack factual basis but are also dangerous as they seek to erode public trust in the provincial government and its leadership.

Avisado described the online attacks as part of a “systematic smear campaign” built on fabricated stories.

When asked why the complaints were brought to the NBI-CEVRO, Avisado said the agency is in the best position to conduct a thorough investigation, not only into Cano and Omayan but also into other potential perpetrators behind the smear campaign.

Capitol consultant Atty. Rory John Sepulveda suggested the issue is politically motivated, likely tied to the upcoming elections.

“We cannot just say, we are sure,” Sepulveda said.

In response to the complaint, Cano posted a video on Facebook saying he is not intimidated.

“This is the kind of evil that Cebu is facing right now… Just because we are raising questions and demanding transparency from her governance, she immediately does what she does best… filing a case… haha...,” said Cano, who is currently based in the United States.

As of yesterday afternoon, Omayan’s Facebook page could no longer be found.

“If you criticize the Governor in connection with her performance as governor, you’re covered by protected speech. Freedom of expression 'yan, and the governor respects that and she welcomes that kasi fair criticism. Pero ito, iba na ’to. This is already an abuse of freedom of expression,” Avisado said.

“Yes, you are free to criticize. But you are not free to spread false and reckless accusations against the Governor,” he added.

Garcia’s legal team is appealing to the public to be more critical of the information they consume and share online.

“Ang appeal namin sa lahat ng mga tao sa Cebu, lahat ng mga active sa social media, be very discerning. Mag-fact check kayo. ’Wag kayong mag-share ng mga public posts na hindi naman ninyo na-validate, hindi ninyo na-verify, because by sharing, you are equally liable for violation ng cybercrime law,” Avisado concluded. — (FREEMAN)