Three things cannot be long hidden: the sun, the moon, and the truth. By Buddha
(And may I add, also facebook posts)
Dear IBP,
Ako po ay isang negosyante at isang dalagang ina. May boyfriend po ako na isang public high school teacher at balak na namin magpakasal. Ang aking Nanay po ay isang elected official. Ang problema ko po ay ang ex- girlfriend ng boyfriend ko na isa ding teacher. Lagi na lang po siya nagpo-post ng mga bastos na kwento at pang-insulto sa akin at sa nanay ko sa facebook at nababasa po ng madaming tao. Sila po ang nagsusumbong sa akin. Mero po mga screenshots ang posts nya. Nagpost po siya ng pictures ng nanay ko na wala daw kwentang ina at opisyal ng bayan kasi hindi daw po ako ma disiplina sa kalandian. Pati po boyfriend ko, dapat daw matanggal bilang teacher kasi daw bobo at tanga siya dahil pumatol sa isang “whore, pukpuk, puta” na kagaya ko. Sabi po niya, yung pera na ginamit sa pagnegosyo ko ay pera daw ng bayan ng kinamkam at ninakaw ng Nanay ko sa pamahalaan. Every time po mag post siya, dini-delete po niya after two days. Kapag po ba na delete na, hindi na po ba mahabol? Paano po ba matigil yung pambabastos niya sa akin, sa BF ko at sa nanay ko?
Neneng.
Dear Neneng,
Since your problem is about Facebook posts that may be considered libelous, then you have to go to Court.
The law applicable to your predicament is the crime of cyber libel, as defined under Section 4(c)(4) of the Cybercrime Prevention Act of 2012; Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. In reference to Article 355 of the Revised Penal Code, as amended, a libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means are punishable acts. Primarily, Article 353 of the Revised Penal Code. A libel is 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.
There are five elements to be considered in your case. a.) defamatory statement, b) presence of malice, c.) publication, d.) identifiability e.) use of computer system. It appears that the post at Facebook describing you as a ““whore, pukpuk, puta”‘ are defamatory words as it ascribes to you the commission of a crime of prostitution under Article 202 of the Revised Penal Code. Your boyfriend who is a teacher and is described as “tanga, bobo” are strong words that tend to dishonor or discredit him. These are defamatory statements that can naturally be understood by persons reading them to publicly ridicule you and your boyfriend.
As to the presence of Malice, because you and your boyfriend are private individuals, the prosecution need not prove the presence of malice. The law explicitly presumes its existence.
However, as to your mother who is a public official and imputed with these words “pera daw ng bayan ng kinamkam at ninakaw ng Nanay ko sa pamahalaan”, even if these are defamatory words, the presence of malice is not presumed but must be proven. There is a stricter standard of “malice” to convict the author of defamatory Facebook posts if they refer to public officials. The Supreme Court stressed that for society’s interest and the maintenance of good government, a full discussion of public affairs is demanded.
The third requisite of publication is present in your case because the Facebook posts are communicated to a third person. As you have stated, your relatives have read the libelous statement, which means your reputation is injured.
As to the fourth element of identifiability, it must be shown that the readers of the posts were able to identify you as the object of the defamatory statement. Meaning, the description or the facts and circumstances in the Facebook posts allude or point to you as the object of ridicule. It should not be a general statement like, “bato-bato sa langit ang tamaan ay huwag magalit.” Since in your case, you stated that you, your boyfriend and your mother were identified by the relatives, it is presumed that your names were mentioned. Finally, your case is referred to as online libel, as it is committed through a computer system.
Again, it should be mentioned again that in libel, the affairs of private individuals and public officials are treated differently. In the case of RAFFY T. TULFO, VS. PEOPLE, GR. No. 187113, January 11, 2021, the Supreme Court stated that “consistent with the right to deliver information on public matters, journalists and members of the press may at times write inaccurate articles. Nonetheless, liability should attach only if it is proven that the article was written and published with knowledge that it was false or with reckless disregard for the truth.”
Therefore, your course of action is different from that of your mother.
Lastly, this bears reminder that one must be careful not only of his words but also of his posts.
