The International Criminal Court (I.C.C.) has given prosecutors permission to use a previously recorded statement from a witness in the murder and crimes against humanity trial of Former President Rodrigo Roa Duterte (F.P.R.R.D.). In a ruling released on Oct. 2, Trial Chamber III agreed to the prosecution’s request to submit the written testimony of a…
DOJ Greenlights Cyberlibel Raps vs. Baligod, 18 Witnesses
Photo via Inquirer net
The Department of Justice (D.O.J.) has recommended the filing of cyberlibel charges against Lawyer Levito Baligod and 18 witnesses after prosecutors found probable cause to believe that their online publication and dissemination of allegations against several public officials satisfied the legal requirement of “malice” under the Cybercrime Prevention Act and the Revised Penal Code.
In its resolution, the D.O.J. concluded that the respondents’ actions went beyond the mere expression of opinion and involved the malicious publication of statements that allegedly damaged the reputation of several government officials.
Prosecutors found that the “element of malice,” an essential component in establishing liability for cyberlibel, was present based on the circumstances surrounding the publication of the accusations.
The complaints stemmed from the circulation of affidavits and online posts alleging that several high-ranking government officials and lawmakers received suitcases supposedly containing cash linked to alleged irregularities in public infrastructure projects.
The allegations were widely circulated on social media and other online platforms, prompting multiple officials named in the documents to file criminal complaints against Mr. Baligod and the witnesses.
Among those who previously filed cyberlibel and related complaints were National Security Adviser Eduardo Año, Agriculture Secretary Francisco Tiu Laurel Jr., Bureau of Corrections Director General Gregorio Catapang Jr., former Senator Antonio Trillanes IV, Representatives Julienne Baronda and Bienvenido “Benny” Abante Jr., as well as other personalities who denied the allegations and described them as false, fabricated, and damaging to their reputations.
Mr. Baligod served as legal counsel for the 18 witnesses, who claimed to have firsthand knowledge of the alleged cash deliveries.
The witnesses alleged that they acted as escorts, couriers, or security personnel in transporting luggage containing money to various officials.
However, those implicated have consistently rejected the accusations, asserting that the claims were unsupported by credible evidence and were intended to malign their names.
The D.O.J.’s recommendation covers the cyberlibel aspect of the complaints and is separate from other pending criminal cases, including perjury and additional cyberlibel complaints, filed by various complainants against Mr. Baligod and the 18 witnesses.
In a separate case, a Makati court previously issued a warrant of arrest against Mr. Baligod over another cyberlibel complaint filed by Agriculture Secretary Tiu Laurel.
The respondents have yet to issue a public statement on the D.O.J.’s latest resolution. If approved by the appropriate prosecutors and courts, the recommended cyberlibel charges will proceed to trial, where the prosecution and defense will have the opportunity to present their respective evidence.
