CEBU CITY -- The Office of the City Prosecutor (OCP) in Mandaue City has affirmed its earlier decision dismissing the cyber libel charges filed by the regional director of the Land Transportation Office-Central Visayas (LTO 7) against the corporate officers and board of directors of five motorcycle dealers.
The motion for reconsideration filed by LTO 7 regional director Victor Caindec was dismissed for lack of probable cause.
Named respondents in the complaint were executives of Desmark Corporation, Premio Corporation, DES Strong Motors, Inc., Du Ek Sam Incorporated, and DES Marketing, Inc.
The case stemmed from the alleged defamatory Facebook posts of the respondents on February 15, 2021 stating that their dealings with Caindec greatly deteriorated when they refused to pay “grease money” in the amount of P500 per unit of motorcycle.
Caindec filed separate complaints, in his personal capacity and in his capacity as regional director of LTO-7, against the respondents allegedly for violation of the Cybercrime Prevention Act of 2012.
Copy of the joint resolution reaffirming the earlier decision to dismiss the case penned by Associate City Prosecutor Julius Pilapil was received by the respondents on March 15, 2022. Said joint resolution was recommended for approval by Deputy City Prosecutor Sara Vanessa Lacno and duly approved by City Prosecutor Mary Francis Daquipil.
On August 15, 2021, the OCP of Mandaue dismissed the charges upon the recommendation of Associate City Prosecutor Cherrie Mae Cabrera-Cabilte and duly approved by City Prosecutor Daquipil for lack of probable cause.
“Apart from the finding of lack of the three essential elements of libel, undersigned is also of the view, that complainant’s representative, RD Caindec, does not have the authority to file the instant cases on behalf of the LTO VII as well,” read a portion of the joint resolution.
In his motion for reconsideration, Caindec argued that he has been identified in the official statement posted by the respondents and his reputation was allegedly injured.
Pilapil said the accusations made in the official statement directed against the personnel of LTO VII in general could not be considered as defamatory.
The resolution added that public officials “should not be too onion-skinned and should be tolerant of criticism especially when criticism relates to his or her official functions.”
It added that “even assuming arguendo that the accusations against LTO VII or its personnel are defamatory, the instant Motion for Reconsideration must still be denied because the element of actual malice is absent.”