Lawyers lambast Lacierda's 'ignorant' remark on Facebook libel

Malacañang spokesman Edwin Lacierda has himself been accused of ignorance of libel jurisprudence in the wake of his censure of a militant group, which he branded as "ignorant of the issues" concerning the recent arrest of environmentalist Esperlita "Perling" Garcia for allegedly libellous Facebook posts.

 

Lawyers JJ Disini and Argee Guevarra posted also on Facebook their dismay over Lacierda’s statement on Monday. They gave their permission to GMA News Online to give their own legal opinions on the matter, citing two recent Supreme Court cases.

 

“Let me tell Anakbayan [party-list group], please don’t be ignorant of the issues. First, you’re entitled to your opinion but you are not entitled to your facts,” Lacierda had said.

 

Guevarra chided Lacierda for “impliedly sanctioning the Gestapo-style arrest of 62-year old anti-mining activist Esperlita Garcia, president of the Gonzaga Alliance for Environmental Protection and Preservation for libel after her posts in Facebook criticizing Mayor Carlito Penetecostes Jr. of Gonzaga, Cagayan for his alleged support for environmentally-hazardous mining activities in the town.”

 

In 2010, Guevarra became the first Filipino to face a libel suit for his Facebook post. Although the case filed against him by cosmetic surgeon Dr. Vicky Belo was dropped, he dared her to file it again in an attempt to become a “test case” for the controversial internet libel provision of the Cybercrime Prevention Act (Republic Act 10175).

 

‘Not allowed to sue for criminal libel’

Disini posted: “Well, someone should tell Atty. Lacierda the fact that this is not even a proper case of libel because public officials, as a rule, are not allowed to sue for criminal libel. This is clear from the landmark [United States Supreme Court] case of New York Times v. Sullivan cited with approval by our Supreme Court in the recent case [decided in 2005] of Guingging v. Court of Appeals.”

 

He added that “The exception extends to all public figures including celebrities or even contextual public figures made famous because of public interest in them.”

 

Disini is an expert on internet law and formerly headed the University of the Philippines Institute for Government and Law Reform. He filed one of the 15 petitions against RA 10175 which resulted in the Supreme Court issuing a temporary restraining order against the implementation of the law.

 

“The Cyber-Perling case demonstrates the need to de-criminalize libel,” Disini added. “The law is being used not to protect against harm to reputation but to muzzle criticism of public officials. If this administration favors good governance, then it should wholeheartedly embrace the notion of transparency. How can there be transparency when public officials suppress free speech?”

 

‘Check your law!’

Guevarra agreed, warning that “Lacierda’s reaction to the arrest of Perling Garcia for Facebook libel may already hint at a nascent Malacañang policy of patronizing the anti-cybercrime law for purposes of prosecuting would-be Palace cybercritics.”

 

In a press release posted on Facebook and given the headline “Tweet ng ina naman – check your law!”, Guevarra cited an even more recent Supreme Court case decided on May 5, 2010.

 

He said “instead of behaving like a spokesman for a mayor and ending up exposing his ignorance of libel laws, Lacierda who is a lawyer, should’ve instead cited the prevailing doctrine laid down by the Supreme Court in Bonifacio, et al. v. Gimenez, which cited the Department of Justice’s finding that the crime of internet libel does not exist in our jurisdiction.”

 

Guevarra was referring to a libel case filed by business tycoon Alfonso Yunchengco against disgruntled Pacific Plans, Inc. policy holders who had launched an online campaign to recover on their pre-need educational plans which had gone bust in 2005.

 

But he pointed out that quibbling over “conventional libel or cyberlibel” was “insignificant and irrelevant,” considering that President Benigno Simeon Aquino III himself has publicly stated he favors the decriminalization of libel.

 

Guevarra is the legal counsel of the Sanlakas party-list. He noted his “unlikely alliance in advocacy” with the very same Anakbayan party-list he had just criticized last week but is now defending against Lacierda’s allegation of riding on the issue of Garcia’s arrest. — TJD, GMA News