Cyberlibel charges filed vs info officer

Upgrade to High-Speed Internet for only ₱1499/month!

Enjoy up to 100 Mbps fiber broadband, perfect for browsing, streaming, and gaming.

Visit Suniway.ph to learn

ILOILO CITY — The head of the Provincial Information and Community Affairs Office (Picao) in Iloilo has been indicted on cyberlibel charges filed against him by Iloilo City Mayor Jerry Treñas.

In an October 2024 resolution obtained by The Manila Times on Wednesday, the prosecutor indicted Jose Nereo Lujan for three counts of cyberlibel under Articles 353 and 355 of the Revised Penal Code, in relation to Section 4(c)(4) of Republic Act 10175 (Cybercrime Prevention Act of 2012).

The resolution stated that prima facie evidence exists to warrant the filing of three separate charges of cyberlibel against Lujan.

Investigating prosecutor Thaddeuse Guadalope ruled that out of 12 Facebook posts made by Lujan in his personal account, three were found to be libel-ous, malicious, and defamatory against Treñas.

The posts in question were dated June 11, 2023; Oct. 31, 2023; and April 9, 2024.

In June 2023, the Picao chief reposted a video and accused Treñas of disregarding traffic laws.

Guadalope ruled that this cast aspersions on the mayor's character, portraying him as a violator rather than an enforcer of the law.

In October 2023, Lujan sarcastically suggested that the mayor had a loose bowel movement and used it as an excuse for using police escorts aggressively to clear traffic for him.

Guadalope said the post was deemed to mock and ridicule the mayor, discrediting him by implying abuse of authority for personal convenience.

In his April 2024 post, Lujan shared an image depicting St. Peter at the gates of heaven, telling the mayor that he could not enter heaven.

Guadalope argued that Lujan's remark is an imputation of a vice or defect on the part of Treñas as a sinner and disqualified to enter heaven which caused contempt upon the latter's person.

In his defense, Lujan argued that the Facebook account in question was his, but the prosecutor dismissed his claim, citing his admission, explanation, and apology posted in the same social media account.

"Lujan's defense [...] is a superficial and shallow defense as against the evidence presented by Treñas and in addition to the fact that it was Lujan himself who explained and tried to justify the said posts," Guadalope said.

While the prosecutor found the three posts defamatory, other criticisms made by Lujan against Treñas, particularly those from April to May 2024 con-cerning the Iloilo Central Market rehabilitation project, were deemed protected speech.

"[These] are considered criticism of the official acts of Treñas as mayor and public official without malice, and such imputations cannot be sufficient basis and action for libel," Guadalope noted.

Similarly, a June 23, 2023 post questioning a persona non grata declaration was ruled not defamatory, as it was a mere reaction to an official act by the mayor.

Treñas filed the cyberlibel complaint against Lujan in May last year.