Woman faces libel charge for FB posts

CEBU, Philippines - For allegedly posting defamatory statements in a social networking site, a woman is facing charges before the court.

Prosecutor  Ricky Jones Macabaya has indicted Maryjell Truscott for the crime of libel after finding probable cause.

“In this case, all the elements of the crime of libel are present. The evidence clearly shows the statements posted by the respondent in her Facebook account are defamatory words directed against the complainant. The said defamatory statement depicting her as a scammer, made in public, caused dishonor, discredit or contempt to the complainant,” the resolution reads.

Macabaya has recommended the bails of P6,000 for Truscott’s temporary liberty.

The case stemmed from a complaint filed by Josephine Sayago, a resident of Gorordo Avenue, Camputhaw before the Cebu City Prosecutor’s Office against the Truscott, a resident of Middle Nivel Hills, Apas, Cebu City.

Sayago said the incident happened on May 3, 2013, when Truscott allegedly posted on her Facebook wall, tagging 21 of her Facebook friends, in her pictures with a caption “no need for insults, your face says it all…Meet the poser and original scammer.”

“The posts were publicly displayed and can be accessed by anybody, including me and it was tagged to her 21 friends as can be seen on the page,” she said, adding she discovered the alleged libelous posts on May 5, 2013.

Because of that post, Sayago said she felt embarrassed and it caused her “great damage and injury.” The said incident was reported to the police station.

Macabaya directed Truscott to file her counter-affidavit and other controverting evidence to answer the allegations filed against her. However, he said Truscott failed to file.

“A subpoena together with a copy of the complaint was sent to herein respondent. However, to date no counter-affidavit was filed by her. As such, this case will be resolved on the basis of evidence presented by the complainant as respondent is deemed to have waived the presentation of her evidence,” the resolution reads.

Thus, Macabaya ruled in favor of Sayago and recommended the filing of the case against Truscott before the court. (FREEMAN)