Dear PAO,
A person owes me money. We had an agreement at the Barangay regarding the payment amount and date. However, the debtor paid late, and the payment was also not the full amount. I commented on her public post on social media. Her post was about her work and finding members for her company. My comment only said: “Ate, maybe you can pay your debt to me now.” She read it and sent me a private message. She was very angry and threatened to sue me for what I did. My question is: Can she file a case against me for that comment? Can I be sued?
Mr. Reuben
Dear Mr. Reuben,
An online comment on the internet may possibly give rise to the filing of a cyber libel complaint. Section 4(c)(4) of Republic Act 10175, otherwise known as the Cybercrime Prevention Act of 2012, states that cyber libel is committed through “the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.” Libel is defined under Article 353 of the Revised Penal Code as the “public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”
A successful libel case requires four elements: (1) an imputation of a discreditable act, (2) publication, (3) identifiability and (4) malice. While your comment mentioned a debt (a civil obligation) on a public post, it may lack the crucial element of malice. Your statement appears to be a simple, factual reminder about a preexisting agreement, rather than a malicious fabrication designed to cause dishonor.
In the landmark case of Disini vs. Secretary of Justice (GR 203335, Feb. 11, 2014, Ponente: Associate Justice Roberto Abad), the Supreme Court stated that a comment on an online post may be considered libelous if the comment creates a new or different defamatory statement against the original post’s author:
“Of course, if the ‘Comment’ does not merely react to the original posting but creates an altogether new defamatory story against Armand like ‘He beats his wife and children,’ then that should be considered an original posting published on the internet. Both the penal code and the cybercrime law clearly punish authors of defamatory publications. Make no mistake, libel destroys reputations that society values. Allowed to cascade in the internet, it will destroy relationships and, under certain circumstances, will generate enmity and tension between social or economic groups, races, or religions, exacerbating existing tension in their relationships.”
In your case, your comment may have raised the fact that the poster owes a debt, which can be considered as a new, false and defamatory claim. However, it must be emphasized that the burden of proving malice lies with the complainant, based on the facts you have presented. If a case is filed, we recommend that you seek the advice and representation of legal counsel to protect your rights and ensure that you are able to raise any defense available to you.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
