Atharra, a leading construction and project development company in Bohol, has filed
a libel case against Willy Ramasola for his alleged malicious social media postings
directed against the company.
The posts, which were made on Ramasola’s personal Facebook page, accused
Atharra of financial impropriety and of deceiving its customers.
The posts made it appear that the company could no longer fulfill its contractual
obligations with its clientele and that it had been deceiving its buyers, court
documents showed.
The posts were made on Ramasola’s personal Facebook page and were seen by
thousands of people, according to the complainant.
In the posts, Ramasola allegedly made a number of false and defamatory
statements about Atharra.
He claimed that the company was on the verge of bankruptcy, that it had been
caught in a number of financial scandals, and that it was not paying its employees.
Ramasola’s posts caused significant damage to Atharra’s reputation, the real estate
developer has told the City Prosecutor’s Office.
Ramasola also made personal attacks against Alfonso “Ae” R. Damalerio II, the
Chairman of the Board of Directors of Atharra.
Atharra has denied all of the allegations made by Ramasola and has said that the
posts were allegedly made with malice and for the purpose of damaging the
company’s reputation.
In a statement, Atharra said that it is “deeply concerned” about the impact that
Ramasola’s posts have had on the company’s business.
The company said that it has lost several clients as a result of the posts and that it is
now facing difficulty in securing new contracts.
Atharra is seeking damages from Ramasola in the amount of P20 million.
In addition to the libel case, Atharra is also seeking criminal charges against
Ramasola.
The company has filed a complaint with the National Bureau of Investigation (NBI)
for cybercrime and libel.
The Law
Libel is a crime in the Philippines. It is defined as the publication of a false and
malicious statement that tends to injure the reputation of another person. Libel can
be committed in writing, in print, or in any other form of publication.
The Precedent
In filing the complaint against Ramasola, Atharra cited several previously decided
cases by the Supreme Court to back the company’s claims.
In the case of Yuchengco vs. The Manila Chronicle Publishing Corporation, the
Supreme Court of the Philippines ruled that malice does not necessarily have to be
proven in a libel case.
The court held that the presumption of malice arises when the words used in the
publication are defamatory.
In the case of Manila Bulletin Publishing Corporation vs. Domingo, the Supreme
Court ruled that the element of identifiability can be satisfied if at least a third person
or a stranger was able to identify the victim as the object of the defamatory
statement.
In the case of Manila Electric Company vs. T.E.A.M. Electronics Corporation, the
Supreme Court ruled that a corporation can be entitled to moral damages if its
reputation has been debased, resulting in its humiliation in the business realm.
POLICE BLOTTER
Even before Ramasola could file his reply-affidavit before the City Prosecutor, he
made another post directed toward one of Atharra’s witnesses, saying “way sukod sa
bawos.”
In a Facebook post, Jet Jose Ugdoracion revealed that he received a threatening
message from Ramasola.
The alleged threat was also reiterated in a separate comment post by Ramasola.
Ugdoracion said he had sought police protection after he filed a blotter with the local
police.
“For my security and safety, mas maayung akong ipa blotter kining maong private
message nga akong nadawat. Kini akong nadawat 1:56pm (4 mins before sa
scheduled hearing) sa diha ko sa Hall of Justice, Tagbilaran City para mo presentar
isip usa sa mga witness sa usa ka criminal case,” said Ugdoracion in his post.