SC: Libelous socmed posts only punishable under Cybercrime Act

ALLEGEDLY libelous social media posts are only punishable under the Cybercrime Prevention Act, the Supreme Court has ruled.

In an 18-page decision promulgated on April 26 but only released Tuesday, the SC Second Division granted a petition for review filed by Jaannece Peñalosa and reinstated the dismissal of the libel case filed against her.

“[A]n allegedly libelous Facebook post made may only be punishable under the Cybercrime Prevention Act, not under Article 355 of the Revised Penal Code,” the Court said.

The case stemmed from Peñalosa’s petition assailing the Court of Appeals (CA) decision, which reversed the order of a trial court that dismissed her libel case.

The CA held that her supposedly libelous Facebook post — made in 2011 before the enactment of the Cybercrime Prevention Act of 2012 — is punishable under Article 355 of the Revised Penal Code (RPC).

According to the SC, the appellate court interpreted Section(c)(4) of the Cybercrime Prevention Act to mean that the libel provision under the Revised Penal Code covers libelous internet or Facebook posts.

However, the Supreme Court said that “similar means” under Article 355 of the RPC did not include “online defamation.”

The SC said that associate words include “writing,” “printing,” “lithography,” “engraving,” “radio,” “phonograph,” “painting,” “theatrical exhibition,” and “cinematographic exhibition,” and excluded “computer systems or other similar means which may be derived in the future” that was added in the Cybercrime Prevention Act.

“If it were true that Article 355 of the RPC already includes libel made through computer systems, then Congress had no need to legislate Article 4(c)(4) of the Cybercrime Prevention Act, for the latter legal provision will be superfluous,” the Court said.

“To make cyber libel punishable under Article 355 of the Revised Penal

House: Antigen test lifted for this year’s SONA guests

By Maricel V. Cruz

HOUSE of Representatives Secretary General Reginald Velasco on Tuesday maintained that invited guests and participants to this year’s State of the Nation Address (SONA) will no longer have to undergo antigen testing for COVID-19.

“We have been informed that (the COVID-19 testing) will be lifted. There will be no more antigen requirement.

Even the health declaration, we will forego that,” Velasco said.

“Even on you, the media, we will no longer require that,” he said. Velasco said SONA attendees would just have to present their vaccination cards.

He added the use of face masks would be made optional.

The House expects the attendees this year could breach the 2,000 mark. The session hall of the Batasan Complex has a seating capacity of about 1,500 people.

“We expect many attendees because things are almost back to normal. In fact, the Department of Health (DOH) secretary has recommended the lifting of all the said protocols at the end of the pandemic emergency,” Velasco said.

The anti-gen testing was required during Mr. Marcos’ first SONA on July 23, 2022.

Code is to make a penal law effective retroactively but unfavorably to the accused,” it later added.

Meanwhile, the High Court said the trial court also did not gravely abuse its discretion in granting the prosecution’s motion to withdraw the information.

“All told, there was no grave abuse of discretion on the part of Judge (Rizalina) Capco-Umali in dismissing the criminal case for libel against the petitioner,” it said.

“With the withdrawal of the information and the consequent dismissal of the criminal case he had filed, the respondent cannot insist on the criminal prosecution of the petitioner. He, however, still has the remedy of a civil action for damages should he opt to file one,” it added. Rey E. Requejo

NCRPO team to track down Bantag, Zulueta — Gen. Nartatez

By Vince Lopez

THE National Capital Region Police Office (NCRPO) announced Tuesday it will form a team to track down and arrest former Bureau of Corrections chief Gerald Bantag and its former deputy security officer, Ricardo Zulueta.

“He (Bantag) will be subjected to manhunt and arrest. It is a continuing one, continuing effort... such that he will be put behind bars and answer the cases leveled against him,” said NCRPO Chief PBGen. Jose Melencio Nartatez.

“Our operative, we are now organizing... I will organize a team to track him down,” he added.

On Monday, Interior Secretary Benhur Abalos said the manhunt for Bantag and Zulueta, who are believed to be the masterminds of the murder of radio broadcaster Percival “Percy Lapid” Mabasa, will continue.

They have not been arrested yet, despite the Department of Justice offering a reward for their capture amounting to P2 million for Bantag and P1 million for Zulueta.

They are also charged with the killing of middleman Cristito Villamor Palana and allegedly torturing the inmates of the New Bilibid Prisons in Muntinlupa.

DOJ to charge Dera, six NBI security men for leaving detention sans order

By Rey E. Requejo

THE Department of Justice (DOJ) on Tuesday said it will file charges against detainee Jad Dera and six security officers of the National Bureau of Investigation (NBI) who escorted him in leaving the NBI detention facility without a court order last month

The DOJ said the criminal information against Dera, NBI Security Officer II Randy Godoy, and NBI job order personnel Arnel Ganzon, Diana Rose Novelozo, Lee Eric Loreto, King Jeroh Martin, and Pepe Peidad Jr. will be filed before the Manila City Regional Trial Court.

The DOJ stressed that Godoy will be charged for violation of Article 223 of the Revised Penal Code (RPC), while Dera and the others will be charged for violation of Article 156. found them guilty of eight counts of graft, four counts of malversation of public funds, and four counts of malversation through falsification of public documents.

“After evaluation of the evidence, the assigned prosecutor found sufficient evidence to hold the respondents for trial,” the DOJ said in a statement.

“There is probable cause in finding that Dera induced Godoy, Ganzon, Novelozo, Loreto, Martin, and Piedad to assist [his] escape from prison and that Godoy, Ganzon, Novelozo, Loreto, Martin, and Piedad facilitated the escape of Dera from his detention facility,” it added. Dera and the security personnel were nabbed in June after leaving the facility using an NBI-marked vehicle “under the pretense of a medical check-up” and without a court order.

Pancrudo and Labay were meted out imprisonment ranging from six to 10 years for each count of graft, banned perpetually from holding public office, and ordered to pay P36.9 million as civil liability.

For the four counts of malversation of public funds, they were sentenced to a total prison term of 48 to 70 years with a fine of P32.8 million each.

In the malversation of public funds through falsification of public documents, jail terms ranging from six to 13 years for each count and a fine of P4.1 million each were imposed by the antigraft court.

Pancrudo and Labay in their motions for reconsideration said that the prosecution failed to prove their guilty beyond a reasonable doubt.

But the Sandiganbayan said it found no valid reason to reconsider or modify its decision, saying “The arguments raised by the accused have already been considered and passed upon by the court when it rendered the aforementioned decision.”

The criminal cases against Pancrudo and Labay arose from the release of the former’s PDAF to the nongovernment organization (NGO) FarmerBusiness Development Corporation (FDC) for the implementation of livelihood projects in Pancrudo’s district.