Cyber Libel: DOJ junks Byron’s complaint vs Pam

CEBU, Philippines — The Department of Justice (DOJ) has dismissed the cyber libel complaint filed by Byron Garcia against Cebu Governor Pamela S. Baricuatro and ordered the withdrawal of charges before a Toledo City court.

In a five-page ruling promulgated on April 20, 2026, the DOJ granted Baricuatro’s petition, which means it set aside the January 9, 2024 joint resolution of the Cebu Provincial Prosecutor’s Office.

The earlier ruling had found probable cause to indict Baricuatro for cyber libel under Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, in relation to Article 355 of the Revised Penal Code.

The DOJ, however, ruled that the essential elements of libel were not sufficiently established, particularly the requirement of identifiability.

It directed the Office of the Provincial Prosecutor of Cebu to withdraw the information filed against Baricuatro before Regional Trial Court Branch 29 in Toledo City.

The complaint stemmed from Facebook posts and comments made in August and September 2023 on the account of Rowena Burden, the late friend of Baricuatro.

Garcia alleged that Baricuatro made “malicious comments” in response to posts, including statements such as: “DiIi ko kurakot pareha nila.”

The Cebu Provincial Prosecutor’s Office initially found probable cause in relation to this August 29, 2023 statement.

Other comments cited in the complaint included references to alleged acts within the Cebu Provincial Detention and Rehabilitation Center and other remarks.

In her petition, Baricuatro argued that Garcia, being a public figure, carries the burden of proving “actual malice.”

She maintained that her statements fell under protected speech and constituted fair criticism.

On the “kurakot” remark, she said it was “a common commentary to political families” and not directed at a specific individual.

She also described another statement as “a mere public discussion of a public figure’s supposed illegal acts.”

A separate remark, she said, was a “knee jerk sentiment” and not malicious in nature.

DOJ: No specific reference to complainant

In reversing the earlier ruling, the DOJ emphasized that libel requires a clear and identifiable target.

Citing jurisprudence, it stated that “for an imputation to be actionable, the allegedly defamatory statement must be shown to refer specifically and personally to the complainant.”

The DOJ found that this element was lacking in the case.

“Nothing in the record indicates that the respondent-appellant's defamatory statement was attributed precisely to complainant-appellee,” the resolution read.

It added that the imputation of being “kurakot” was not explicitly directed at Garcia.

The DOJ reiterated the elements of libel, including imputation of a discreditable act, publication, identity of the person defamed, and the existence of malice.

While publication and the presence of allegedly offensive language were not disputed, the agency said identifiability was “wanting.”

The DOJ also drew from Supreme Court rulings distinguishing offensive language from actionable libel.

Quoting jurisprudence, it said “personal hurt or embarrassment or offense, even if real, is not automatically equivalent to defamation.”

With these findings, the DOJ granted the petition for review filed by Baricuatro.

It reversed and set aside the earlier joint resolution that found a prima facie case for cyber libel.

“Accordingly, the Office of the Provincial Prosecutor of Cebu is hereby ordered to withdraw the Information filed,” the resolution stated.

The resolution was signed by DOJ Secretary Frederick A. Vida.

The Freeman sought the comment of Garcia, but no feedback had been received as of press time. -  IHM (CEBU NEWS)