ILOILO CITY, Philippines – The Iloilo City Prosecutor’s Office has filed cyberlibel charges against the head of the Iloilo Provincial Information and Community Affairs Office over online comments critical of Iloilo City Mayor Jerry Treñas.
The criticisms stemmed from a controversy over a city hall project that led to the demolition of a nearly a century-old art deco façade at the central market, a structure considered part of the city’s heritage.
In an October 24, 2024 resolution recently obtained by Rappler, prosecutors formally accused Jose Nereo Lujan of three counts of cyberlibel under Articles 353 and 355 of the Revised Penal Code, in relation to Section 4(c)4 of Republic Act 10175.
The resolution, signed by Deputy City Prosecutor Thaddeuse Guadalope, stated that there was prima facie evidence against Lujan.
Treñas accused Lujan of being behind a dozen Facebook posts that allegedly “contained false, libelous, malicious, and defamatory statements.”
Social media posts
However, Guadalope identified only three social media posts that “tend to cause dishonor, discredit, and contempt.”
One was on June 11, 2023, when Lujan reposted a video accusing Treñas of ignoring traffic laws, implying that city personnel followed his lead in beating a red light. Prosecutors said this cast doubt on the mayor’s character.
Another was on October 31, 2023, when Lujan sarcastically suggested Treñas had a loose bowel movement to justify his police escorts aggressively clearing traffic. Prosecutors deemed the post mocking.
The third post, made on April 9, 2024, was an image of Saint Peter denying Treñas entry to heaven, which prosecutors saw as an attempt to ridicule the mayor.
Treñas filed the cyberlibel complaint in May 2024, following Lujan’s allegations that the mayor violated cultural laws in redeveloping the Iloilo Central Market, particularly in demolishing the 80-year-old Art Deco façade.
On December 5, 2024, Lujan filed a motion for reconsideration, but Prosecutor Caryl Kate Fabella-Genova denied it in a January 13 resolution following Guadalope’s retirement.
Genova said Lujan’s motion was “a rehash” of the defense he presented during the preliminary investigation, particularly regarding the supposed absence of defamatory imputation and malice in his posts.
“In fine, the undersigned does not find ample ground and cogent reason to disturb and reverse the previous finding of prima facie evidence of the offense of cyberlibel,” part of Genova’s resolution read.
‘Silencing critics’
In a statement on Wednesday, February 12, Lujan accused Treñas of weaponizing the cyberlibel law to silence critics.
“His statement regarding the resolution on his cyber-libel complaint against me is nothing more than an attempt to discredit my advocacy as a heritage worker and environmental planner – work that is firmly rooted in facts, public records and historical accuracy,” Lujan said.
He said criticism of public officials is a fundamental pillar of democracy and that the mayor must be open to scrutiny.
“If exposing irregularities, questioning governance decisions and calling out political maneuvering amount to ‘ridicule’ or ‘mockery’ in his view, then the real issue lies not with my statements but with his unwillingness to accept criticism,” Lujan added.
Lujan said he has yet to receive an official copy of the resolution denying his motion but alleged that an employee of Treñas leaked copies of the resolution to local media before he was officially notified.
“This is clearly an attempt by Treñas to discredit me in light of my continued criticism of his kind of governance,” he said.
Limitations
Treñas welcomed Lujan’s indictment, saying freedom of expression does not grant individuals the right to ridicule, humiliate, or maliciously attack public officials.
He said that while public officials are open to criticism, this right must not be abused to “unjustly tarnish reputations through baseless and defamatory imputations.”
“The malicious intent behind the respondent’s posts is undeniable […] This was not mere political discourse or legitimate criticism – it was an outright effort to destroy my character and reputation,” he said. “I have always welcomed fair and constructive criticism, but I will never allow anyone to spread falsehoods under the guise of free expression.” – Rappler.com