The Acting City Prosecutor of Tagbilaran finds “probable cause” on six counts of cyber libel filed by Gov. Arthur Yap against Capitol’s staunch critic Willy Ranasola, according to a document provided to The Bohol Tribune last night, July 24, 2021.
A legal expert told The Bohol Tribune that even with the fiscal’s resolution finding probable cause to file six counts of cyber libel, the respondent Ramasola may still avail of other legal remedies in respect with the findings contained in the resolution before an information can be filed before a competent court.
Acting City Prosecutor Simaco Labata, in a resolution, dated July 12, 2021, indicted Ramasola on six out of the seven counts of cyber libel filed by the governor back on March 18, 2021.
Yap filed the cyber libel charges against Ramasola with the former alleging that the latter made libelous imputations on Yap’s person through social media.
Ramasola, a supporter of losing gubernatorial candidate, Sec. Evasco Jr., continued with his tirades against the governor even after the 2019 local elections.
Yap said that he decided to file a case against Ramasola as the latter has allegedly become disrespectful.
The governor said that while it is true that everyone has a right to free speech, yet, no one has the right to insult other people.
In reaction to the latest development, Ramasola confirmed last night, that the city prosecutor has found “probable cause” on the cyber libel case filed by Yap against him.
Ramasola in a post on Facebook gave his comment on the latest development regarding the case.
“Mayor Joseph Rañola filed 94 counts of libel against a cyberstalker who was an Art Yap supporter. All complaints were dismissed by the prosecutor. They cited the onion-skin doctrine as basis in their ruling in favor of [the] defendant,” Ramasola wrote in his post.
“So what doctrine did the Fiscal use in finding probable cause in Governor Art Yap’s libel complaint against me? Na pressure ba si Fiscal?” the staunch Capitol critic asked in his post.
It can be recalled that Ramasola is currently out on bail as he also faces a cyber libel charge filed by the Holy Name University (HNU).
Ramasola was arrested in relation to the HNU cyber libel case in Makati by virtue of an arrest warrant issued by Judge Josephus Baterna of the Regional Trial Court branch 49 based in Tagbilaran City back in March 2021.
CHARGES AND FINDINGS
The fiscal said the pieces of evidence in six counts of cyber libel are sufficient to indict Ramasola of cyber libel.
The first count of Yap’s cyber libel charge against Ramasola is about the allegation made by the critic that the governor pocketed a portion of the fare paid by passengers of sweeper flights to Bohol.
According to the prosecutor, the statement “clearly injures the character, reputation or fame of the complainant [Yap] being false and malicious statements posted on respondent’s [Ramasola] Facebook wall. The statements were considered false and malicious since no evidence [was] presented showing [that] complainant [Yap] pocketed a certain sum from the sweeper flights,” Labata wrote in his resolution.
“There is no evidence presented showing the truth of his [Ramasola’s] statements,” Labata quipped in reference to the first count of cyber libel charge filed by Yap.
On the second count of cyber libel charge filed by the governor, it is about the complaint sent via text message by a resident of barangay Looc in Jagna to Ramasola. The resident complained that he allegedly received less than 8 kilos of rice from the provincial government. The provincial government provided 8 kilos of rice as subsidy to each family in Bohol.
Labata said, “the statement ‘Diyos ko Gov, pati naman ito dadayain nyo?’ implies that complainant defrauded the people in the distribution of rice subsidy and there was no justifiable motive and good intention being shown by him [Ramasola] when he made this statement.”
The third count in the case filed by Yap is related with the public social media post of Ramasola made on September 19, 2020 accusing Yap of alleged vote buying during the 2019 polls in violation of election laws.
Labata explained that imputing Yap for alleged election law violation makes Ramasola liable for cyber libel.
On the other hand, Labata finds no proof to indict Ramasola on the fourth count of cyber libel case filed by Yap against Ramasola.
The fifth count of the cyber libel case filed by the governor is pertaining to the posting on social media of pictures of Yap that was done on August 17, 2020.
In the said post, Labata wrote in his resolution that Ramasola mocked Yap and ridiculed the way the governor wore his face mask and face shield as seen in the posted photograph.
Ramasola even called Yap “napaka bogok na government official”.
“Apparently, the pictures of the complainant [Yap] which were the object of criticisms and ridicule by respondent [Ramasola] do not deserve to be criticized nor ridiculed in a way respondent did it,” Labata said in his resolution.
The sixth count of the cyber libel rap filed by Yap involves the posting made on August 1, 2020 on the Facebook wall of Ramasola of alleged satire pictures of sleeping couple with a barrier between them, which is pertaining to the motorcycle barrier idea, which Yap proposed to the Inter- Agency Task Force.
“While the respondent has the right to express his dis-agreement and opposition to the proposal, [of the governor on motorcycle barriers] however, he [Ramasola] can do it without injuring the good name and reputation of the complainant. Moreover, it appears that there is no factual basis on respondent’s claim that the complainant’s idea was either laughed at or severely ridiculed and cursed upon millions of Filipinos nationwide. No evidence [is] being presented showing to this effect,” Labata quipped.
The seventh count of the governor’s cyber libel charge has something to do with the posting of two pictures of Yap on July 20, 2020 on the Facebook wall of Ramasola. The photos show that the governor was riding a motorcycle prototype with an installed barrier.
Ramasola made a statement by saying, “Pinaka bogok na gubernador ng Pilipinas ang Governor ng Bohol na si Governor Art Yap“.
The prosecutor said Ramasola’s statement in the said post is not protected speech under the Constitution, thus constitute cyber libel violation.
ACTUAL MALICE
Ramasola claimed in his counter affidavit that the element of malice is not present in his seven Facebook posts and that actual malice is a requirement in cases of libel involving public officers citing the case of New York Times Co. vs. Sullivan.
The prosecutor agrees to Ramasola’s claim, however, the determination of actual malice is not within the powers of the prosecutor as this function is vested only to the courts.
“The function of the office of the City Prosecutor on these cases [filed by Yap] is only to determine whether or not there is sufficient evidence to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof,” Labata explained.
Furthermore, Labata said, “the finding of probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged. Precisely, there is a trial for the reception of evidence of the prosecution in support of the charge”.