📷Consul General Elmer Cato | Facebook
Angeles City prosecutor Oliver Garcia dismissed a cyberlibel complaint filed by Consul General Elmer Cato against the publisher and several editors and reporters of the Manila-based Daily Tribune and its sister publication Dyaryo Tirada in January.
Garcia cited lack of jurisdiction and probable cause, stating that the venue in criminal cases is jurisdictional.
Cato, who filed the complaint in Manila, claimed he was subjected to “fake news” involving 17 counts of supposed violation of Republic Act No. 10175 (Cybercrime Prevention Act of 2012) in relation to libel under the Revised Penal Code.
The respondents to the complaint were Willie Fernandez, the newspaper’s publisher, and journalists Gigie Arcilla, Chito Lozada, Dinah Ventura, Gibbs Cadiz, John Henry Dodson, Allan Hernandez, Jom Garner, Rey Bancod, Manny Angeles, Rose Novenario, Gilmor Leaño, Alvin Murcia, @TEB, @BT, Vanessa Antonio, Enrique Catilo, and Apple Cabasis.
Garcia argued that the constitutional guarantees of freedom of speech and press, and the public interest in the uninhibited discussion of matters of public concern, tilted the balance heavily in favor of the respondents.
The prosecutor said, “constitutional guarantees of freedom of speech and of the press, and the public interest in the uninhibited discussion of matters of public concern, tilt the balance heavily in favor of the respondents. The complainant would do well to remember that as a public servant, he must be open to criticism and scrutiny, and must not be too quick to cry libel at every unflattering remark or commentary.” (ZIA LUNA)
