Cyber libel cases filed by Mayor Estrañero against critics dismissed, 0-6

Tabuk City, Kalinga – The cyber libel cases filed by City Mayor Darwin Estrañero before the Office of the Provincial Prosecutor in Cabagan, Isabela against six critics, including Guru Press Editor-in-Chief Brent Martinez and Publisher Ghumie Pinkihan, were dismissed.

The said Provincial Prosecutor’s Office dismissed the cases without prejudice for lack of jurisdiction.

In the resolution they released, it was noted that “the venue of cyber libel shall be in the Regional Trial Court of the province or city: (1) where the cybercrime or any of its elements is committed; (2) where any part of the computer system used is situated; and (3) where any of the damage caused to a natural or juridical person took place.”

The resolution highlighted that the rules on venue of criminal actions for Internet libel following the principles laid down in the case of Bonifacio v. RTC Makati City, if the offended party is a public official, the criminal case can only be filed either in the place (whether in or outside Manila) where he holds office at the time of the commission of the crime or where the alleged defamatory article was printed and first published.

In a Report of Radyo Natin on December 1, 2020 in a radio program “Radyo Natin in Action with Kenny C. Gonayon”, it was mentioned that Estrañero filed the cyber libel complaint in Isabela because there is no cyber libel court in Kalinga.

“Iti biyang ni Mayor Darwin Estrañero , saan nga ijay Cabagan, Isabela Prosecutor’s Office ti nangiulian na iti reklamo a cyber libel nu di ket sadiay Ilagan City, Isabela. Nu apay nga sadiay Ilagan City, Isabela iti nangiulian iti reklamo insigun pay ken ni mayor Estrañero ket gapu ta awan iti cyber libel court ditoy Kalinga,” reporter Jhong Andal said.

In an interview with Guru Press Editor-in-Chief, he said this shows the law is no respecter of persons, adding that people should trust in the efforts of others and that they too should seek justice in order to get it.

“Like I said the people in Tabuk are not dimwitted. People know the truth although they decide to be quiet. Hindi sa lahat ng pagkakataon o sa lahat ng tao… pera-pera lang,” said Martinez.