A top-notch lawyer in the province of Bohol has clarified
that individuals may criticize public officials but it should be
done within the bounds of the law, and in line with the
officials’ public duty.
Atty. Lord “Popot” Relampagos Marapao IV, in an
interview by broadcaster Weng Vallecer over radio station
DYTR, said that while any individual can criticize public
officials, it must be done with the existing laws in mind.
Marapao, who has been handling high-profile cases in the
Visayas region, pointed out that social media should not
be used as a platform to harm the integrity and dignity of
any individual.
His statement came after the radio station requested him
to shed light on the reported 21 counts of cyberlibel cases
filed by Bohol First District Congressman Edgar M. Chatto
against a certain Emmanuel “Willy” Ramasola.
Chatto, represented by Atty. Marapao IV, filed the
complaints at the Quezon City Prosecutor’s Office on July
3, 2023.
According to Marapao, the cases were filed in Quezon
City because Congressman Chatto has an office in the
Batasang Pambansa, which is located in Quezon City.
Additionally, Chatto maintains a residence in Quezon City.
When asked if the case was meant to silence Chatto’s
critics, Atty. Marapao stated that it was not the intention.
Marapao explained that public officials can be criticized if it
is in relation to their performance of their function, but
false accusations such as corruption or inefficiency are not
acceptable.
“Dili lang ka mag pataka diha ug tawag sa usa ka
Congresista nga corrupt. Imo siyang biay biayon kinta labi
na sa iyang linakwan or tawagon ba niyag bayot,”
Marapao said.
“Do not abuse social media and you cannot also use
social media or Facebook as a platform na mang daot sa
integrity and dignity of any individual for that matter,” said
Marapao, one of the most-sought after lawyers in Bohol.
He noted that the elements of a cyber libel case are
similar to a libel case, with the only difference being that
the medium is social media.
When asked if there were more cases to be filed against
Willy Ramasola, Atty. Marapao stated that there were
other posts being evaluated right now but did not provide
further details.
Marapao emphasized the importance of responsible use
of social media and urged individuals to be responsible
with their postings.
“Well, I just want to clarify na basin mag tuo nga si Willy
Ramasola na pahilomon siya ni Congressman Chatto
noh,” said Marapao.
“Kahibaw man gyud pud ta na dili na siya mo hilum. Pero
ang ako lang is that you can criticize but be responsible
enough with using social media…you cannot just call any
body names,” Marapao said.
Ramasola has been critical of Chatto on social media,
accusing him of corruption and inefficiency.
In one post, Ramasola called Chatto a “cheap bag” and a
“gay.
”Marapao said that the cyber libel case was filed because
Ramasola’s posts were malicious and defamatory.
He said Ramasola’s posts were not protected by free
speech because they were not related to Chatto’s
performance as a public official.
“You can criticize public officials, but you must do it within
the bounds of the law,” Marapao said.
“You cannot just lie and call a public official corrupt or gay.
That is not protected by free speech.”
In a press conference on Friday attended by Leoncio
Evasco Jr., head of Capitol’s Office of Government
Accountability and Review (OGAR), and Atty. Dan Lim,
also an OGAR member, Ramasola, when asked about his
reaction to the case filed against him said:
“Ang ako lang masulti is maybe affected gamay siguro
labong pa kay hing effort jud si Congressman sa pag file
as a newly elected Congressman representing the first
District of Bohol to make an effort and spend for a lawyer
from Bohol, si Atty. Popot Marapao siguro and
accompanied by his, I believe, his right hand, si Alfonso
Damalerio to join him in filing the case against me. So I
think siguro importante sa kanya ang akong mga efforts
kay ning react man gyud siya in a formal complaint,”
In another post, Ramasola wrote: “My reaction to Cong.
Edgar Chatto’s harassment liberl case filed against me out
of desperation. Press the panic button na Cong Chatto kay
paunlod na ang barko.”
The Elements of Cyber Libel
Cyber libel is a crime under Philippine law.
It is defined as the “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
person, or to blacken his memory.”
The elements of cyber libel are:
The imputation must be made in a public place or
through a public communication medium.
The imputation must be malicious.
The imputation must be of a crime, vice, defect, act,
omission, condition, status, or circumstance tending
to cause dishonor, discredit, or contempt.
The imputation must be made to a natural person.
Chatto’s 21 counts of cyberlibel cases vs social media
influencer Willy Ramasola
Bohol First District Cong. Edgar Migriño Chatto has filed
legal action against Willy Ramasola for allegedly violating
the Cybercrime Prevention Act of 2012.
Ramasola has been accused of making malicious attacks
on Chatto, his family, and those closely connected to him
on social media.
Chatto said that he is not trying to silence critics, but that
he wants to set a precedent for the limits of freedom of
expression in the context of technology and social media
use.
He said that mainstream media has clear rules on libel
and standards so that they do not violate freedom of
expression and human rights.
“What Willy Ramasola is doing cannot be tolerated –
bullying, derogatory and libelous statements,” Chatto said.
Chatto said that he is used to valid criticisms in
governance issues, but that he finds fake, derogatory and
libelous statements unacceptable.
He said that it is important to listen to criticism, whether
positive or negative, as public officials do not have a
monopoly of good ideas.
Chatto’s lead counsel, Atty. Lord “Popot” Marapao IV, said
that Ramasola now faces 21 counts of cyber libel after the
complaints were filed before the Quezon City Prosecutor’s
Office recently.
The case is still pending, but Chatto said that he hopes
that it will send a message to others who might be
tempted to make malicious attacks on public officials
online.
“We want to make sure that people understand that there
are consequences for abusing technology and social
media,” Chatto said.
In reaction, Ramasola posted the following statement on
his Facebook account:
“My reaction to Cong. Edgar Chatto’s harassment libel
case filed against me out of desperation. Press the panic
button na Cong kay paunlod na ang barko.”
