By Donald Borja Sevilla
(FIRST OF TWO PARTS)
The City Prosecutor of Tagbilaran City has found probable cause to indict
Facebook critic Emmanuel “Willy” Ramasola for four counts of cyber libel.
The complainant, Atharra Primeland Development Corporation, represented
by Atty. Lord “Popot” R. Marapao IV, sued Ramasola due to Facebook posts
that allegedly defamed the public image of the company.
“In view of the foregoing and considering that the crime of Libel was
perpetrated through and with the use of information and communication
technologies, the undersigned finds probable cause to indict herein
respondent Emmanuel B. Ramasola a.k. a. “Willy Ramasola” of the crime of
Four (4) Counts of Libel under Article 353 and Article 355 of the Revised
Penal Code in relation to RA 10175,” penned by Cheryl Baquial-Gamas,
assistant city prosecutor, in a resolution which was approved by city
prosecutor Bibiana Bautista.
Following the Omnibus Resolution released by the city fiscal this week, copy
of which was obtained by The Bohol Tribune yesterday, Marapao, a top-notch
lawyer who is noted for handling high-profile cases in Bohol, told this paper
that the rule of law shall prevail, saying the quest for justice “has just begun.”
“Wherefore, premises considered, let an Information of the crime of Four (4)
Counts of Libel under Article 353 and Article 355 of the Revised Penal Code in
relation to RA 10175 be filed against herein respondent before the Regional
Trial Courts of Tagbilaran City through the Office of the Clerk of Court in
Tagbilaran City,” the Fiscal’s Resolution said.
FACTS OF THE CASE
Emmanuel B. Ramasola, also known as “Willy Ramasola”, a male Filipino
residing at One Lafayette Square in Makati City, Philippines, has been
charged with four counts of libel by Atharra Primeland Development Corp.
The charges were filed against Ramasola under Art. 353 and 355 in relation to
Republic Act 10175.
Atharra Primeland Development Corp is a juridical entity with its principal
office located in Tagbilaran City, Bohol, Philippines.
The company is represented by its President and representative, Godfrey S.
Digal.
The company’s chairman of the board, Alfonso “Ae” Damalerio, had pushed
for the filing of the case after Ramasola repeatedly dragged the company’s
name in the alleged libelous and baseless posts.
According to the complaint, on February 3, 2022, Ramasola posted on his
Facebook account about a condo suites project in Panglao that he claimed
was in deep trouble and may not be completed.
He also made allegations about the owner of the project and the developer’s
financial situation.
On May 17, 2022, Ramasola made another post on his Facebook wall about a
condo project in Dauis that he claimed would probably not be completed.
On May 19, 2022, he made another post on his Facebook wall that was
allegedly malicious against Atharra.
The following day, on May 20, 2022, Ramasola posted an article on his
Facebook account that made further allegations against Atharra.
The complainant reported Facebook posts to the Philippine National Police
Anti-Cybercrime Group (PNP-ACG) on May 25, 2022.
The posts were examined and preserved by PCpl Junaliza Circo Miro of the
PNP-ACG.
Respondent-Ramasola filed a Counter-Affidavit on May 30, 2023, stating that
the posts did not mention Atharra Primeland Development Corporation and
that the victim must be identifiable to maintain a libel suit.
He cited a case to support his argument and claimed that the witnesses
supporting Atharra’s allegations are biased and their statements lack
credibility.
He also claimed that this complaint is similar to a recently decided case by the
Supreme Court.
But indictment comes after an investigation found probable cause to charge
Ramasola with the crime.
According to Article 353 of the Revised Penal Code, libel is defined as “a
public and malicious imputation of a crime, or of a vice, or defect, real or
imaginary, or any act, omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural or juridical person, or to
blacken the memory of one who is dead.”
This definition is further expanded upon in Article 355 of the same code which
states that libel committed by means of writing or similar means shall be
punished by prison correctional in its minimum and medium periods or a fine
ranging from 200 to 6,000 pesos.
For an imputation to be considered libelous, it must meet four requirements: it
must be defamatory; it must be malicious; it must be given publicity; and the
victim must be identifiable.
After carefully examining the evidence, investigators determined that
Ramasola’s posts on four different occasions satisfied all of these elements.
Malice was evident in the wording of Ramasola’s posts which were meant to
discredit or undermine Atharra’s financial capability by making it appear that
Atharra could no longer fulfill its contractual obligations with its clientele,
according to the Fiscal’s Resolution.
The case of Yuchengco vs. The Manila Chronicle Publishing Corporation is
instructive on this matter as it states that malice can either be presumed by
law (malice in law) or proven through evidence (malice in fact).
Publicity was also established by the fact that Ramasola’s defamatory posts
were made on Facebook which is accessible to almost anyone with internet
connectivity.
By posting these statements on Facebook, Ramasola caused them to be
known and seen by the public.
The prosecutor also found that Ramasola’s posts were defamatory because
they identified Atharra as the subject of the posts.
This was done by including a photograph of Atharra’s condominium project in
Panglao in one of the posts.
In addition, the prosecutor found that Ramasola’s posts had a negative impact
on Atharra’s business.
One of Atharra’s clients withdrew their reservation after seeing Ramasola’s
posts, court filing records showed.
If convicted, Ramasola could be sentenced to prision mayor, which is a prison
term of six years to 20 years. (TO BE CONCLUDED NEXT WEEK)