Prosecutor junks cyber libel complaint vs TF reporter

CEBU, Philippines — The Cebu City Prosecutor’s Office has dismissed a cyber libel complaint filed by two police officers against The Freeman reporter Nicolas Jon Malaga over a Facebook post questioning police visibility during the school opening last June 16, 2025.

In a resolution dated August 12, 2025, the city prosecutor’s office junked the complaint of PSSG Caesar Egar Gabule Jr. and PCPL Jasper Cabiling Anonuevo against Malaga, citing failure to establish the elements of cyber libel under Republic Act 10175, or the Cybercrime Prevention Act of 2012.

The complaint stemmed from Malaga’s Facebook post on The Freeman page showing photos of the City Central Elementary School in Barangay Sambag 1, with a caption noting that despite assurances from then PNP Chief Gen. Nicolas Torre III to deploy 37,000 policemen nationwide for the opening of classes, “no policemen were visible in the City Central Elementary School.”

The complainants alleged that the post caused “so much damage” to their police station and to the image of the PNP as a whole.

In his counter-affidavit, Malaga argued that his post did not identify or impute any crime or defect to the complainants. He stressed that he merely reported a factual observation—the absence of uniformed officers at the school during the opening of classes—with the intent of informing the public.

He also said the complainants were neither named nor alluded to in the post, and that any alleged defamation was directed neither at them nor at any specific police officer.

Assistant City Prosecutor Daphne Andal-Degoma, in her four-page resolution, explained that the elements of cyber libel were not sufficiently proven. The post, she said, was a “generic observation” that did not establish malice, nor did it directly identify the complainants.

“From the alleged statement of respondent on Freeman FB account, it is not clearly established that he is accusing complainant of a crime, or of a vice or defect. There is no attribution in the post that the one it was addressed to is the complainant. The post in question seems to be a generic observation of what was transpiring at a particular moment. It is not established also that respondent harbored ill-will and spite against complainants,” part of the resolution reads.

Quoting standards under DOJ Circulars No. 16 and 20, the prosecutor emphasized that complaints must now meet the threshold of “reasonable certainty of conviction,” which requires that evidence be strong enough to likely result in conviction beyond reasonable doubt.

“Lamentably, this complaint failed to establish the required standard of reasonable certainty of conviction in order to indict the respondent,” the resolution stated. “Wherefore, it is hereby recommended that the instant case be dismissed.”

The dismissal was approved by Deputy City Prosecutor Maria Luisa G. Ratilla, OIC of the Office of the City Prosecutor, with concurrence from Senior Assistant City Prosecutor Rodulph Joseph Val J. Carrillo.

Sought for comment, Malaga said he is beyond grateful and happy that the case was finally dismissed after more than two months.

“Permi ko ni gi-dagkotan ug gi-ampo ni Señor Santo Niño na ma-dismiss ni nga kaso para makatrabaho ko og tarong na adunay kumpyansa sa kaugalingon ug walay sagabal sa huna-huna. This is a big sigh of relief for me,” he said.

“I thank the entire The Freeman and Banat News family, who were always there, supporting, trusting, and motivating me sa akong pagserbisyo sa publiko isip usa ka journalist,” he added. — /FPL (FREEMAN)