Court returns Byron Garcia’s case to prosecutor’s office for review

CEBU, Philippines — The Regional Trial Court (RTC) in Mandaue City has granted former Capitol consultant Byron Garcia's motion for reinvestigation of the cyberlibel complaint filed against him by Dr. Elisse Nicole Catalan, daughter of Cebu Governor Pamela Baricuatro.

In an order issued by RTC Branch 83, Presiding Judge Allan Francisco Garciano remanded the case to the Mandaue City Prosecutor's Office for reinvestigation. The ruling effectively deferred Garcia's scheduled arraignment and preliminary conference on Wednesday.

Garcia welcomed the court's action, describing it as a "victory" because it would finally allow him to answer the allegations, which he said he had been unable to do during the preliminary investigation.

"So victorious ko karon kay mabalik naman ni sa Fiscal ang akong kaso unya makatubag nami. Makahatag na mi og content of affidavit," Garcia said in a phone interview after the hearing.

He also thanked the court for what he described as a fair ruling, insisting that his right to due process had been violated.

"Nalipay ko nga at least fair kaayo ang judge... nakita niya ba nga na-violate jud ang akong (right to) due process ani," he added.

Earlier, when approached by reporters outside the courtroom, Garcia declined to comment in detail and instead directed the media to his Facebook page.

"Tan-awa akong Facebook page, adto nako e-share tanan... maayo mana inyong viewers adto makatan-aw nako aron makakwarta sad ko oy," Garcia said.

Hours later, Garcia posted on Facebook announcing that the judge had ordered a reinvestigation and again characterized the development as a victory.

However, lawyer Joselito Thomas Baena, counsel for Catalan and her husband, Dr. Janos Vizcayno Jr., downplayed Garcia's claim, saying the court's order was simply part of the judicial process.

"It is a victory for the rule of law, nga naa na ta diri sa court and we are given the opportunity to substantiate and prove the allegations," Baena said.

He urged both parties to allow the court to fairly assess the evidence.

"Let's give the court the leeway to fairly appreciate the evidence and arguments of both parties," he said.

Baena explained that Garcia's arraignment did not proceed because the court first had to resolve pending matters, including the motion for reinvestigation.

"We made our position to the court and we invoke nga naay dapat arraignment today, but the court had to deal with the preliminaries first before the arraignment proper," he said.

The cyberlibel complaint stemmed from online statements allegedly made by Garcia against Catalan as a private citizen.

"A lot of these statements were untrue. They were hurtful, humiliating," she said.

She said she and her husband pursued the complaints to underscore accountability for harmful online behavior.

"Our acts in person and online carry weight and it has to have consequences especially if they have criminal liability. That's really what we are asking for—for accountability," Catalan said.

She added that while she does not interfere in other people's affairs, she would seek legal redress whenever she and her family become the target of what she considers baseless attacks.

"Di ko manghilabot og laing tao but kung hilabtan pud ta especially kung dili pud sakto, we will seek justice for that as well," she said.

Catalan also said she and her husband suffered the same degree of humiliation from Garcia's alleged statements. — /FPL (FREEMAN)