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Jasmine Curtis-Smith's complaint vs lawyer Topacio junked by Makati Prosecutors
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The legal dispute between Jasmine Curtis Smith and lawyer Ferdinand Topacio has reached a turning point after the Makati City Prosecutor's Office dismissed the actress's complaint against him for alleged cyberlibel, unjust vexation, and gender-based online sexual harassment.
In a 13-page joint resolution dated July 1, prosecutors ruled that there was insufficient prima facie evidence to file charges against Topacio.
“This Office finds that the subject statements were made in relation to the remarks made by Cong. Jesus 'Bong' Suntay relative to the impeachment hearing of Vice President Sara Duterte,” the resolution stated.
“For this reason, this Office finds that respondent's statements, though highly critical, do not constitute defamation as it is akin to a fair commentary on matters of public interest, covered by qualified communication,” it added.
The complaint stemmed from remarks made by Topacio after Rep. Jesus "Bong" Suntay said during a House of Representatives hearing that seeing Anne Curtis, Jasmine Curtis Smith's sister, made him feel "heated."
Jasmine publicly condemned the lawmaker's remarks, prompting Topacio to defend Suntay during his radio program while criticizing the actress.
“Kayong mga artista ha, 'yung mga ganyan… ikaw Jasmine, bakit ka nagpo-post ng mga bikini picture mo sa social media, sa mga pahayagan? Hindi ba para ikaw ay pagnasaan? Para ikaw ay sumikat?," Topacio said.
In its resolution, the prosecution said Topacio's statements may have been "sharp, insulting, or offensive," but stressed that offensiveness alone does not establish actual malice.
Prosecutors also found insufficient evidence to hold Topacio liable for unjust vexation and gender-based online sexual harassment, saying the records failed to show that his statements were intended to terrorize, intimidate, or damage Curtis Smith's reputation.
“Complainant failed to present competent proof demonstrating how respondent's specific actuations crossed the threshold from mere offensiveness or disagreement into conduct intended or likely to cause the kind of mental, emotional, or psychological distress and reputational injury contemplated by the law on gender-based online sexual harassment,” the resolution read.
In a statement, Topacio maintained that his remarks were never meant to be personal.
“I wish to restate to Ms. Curtis-Smith that there was nothing personal in my utterances, but they were naught but part of legitimate political debate,” he said.
He also expressed hope that lawmakers would “decriminalize what is supposed to be constitutionally-protected speech.”
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