First PH 'Facebook libel' test case junked

A regional trial court has dismissed what could have been the Philippines' first case of "Facebook libel," citing "jurisdictional constraints" in trying libel committed over the Internet. The case, involving prominent plastic surgeon Dra. Vicki Belo's Belo Medical Group, Inc. (BMGI) and lawyer Argee Guevarra, was dismissed because it was filed in an "improper venue," according to a statement issued by Guevarra. Forum shopping or legal loophole? BMGI filed the case against Guevarra in the province of Rizal despite the fact that Belo resides in Makati and Guevarra in Pasig, in what the latter described as an attempt to "[shop] for a friendly fiscal." Even though the case was thrown out of court, Guevarra's camp lamented how Antipolo Regional Trial Court Judge Mary Josephine Lazaro decided on the lawsuit, saying it had ignored some of the significant points that they raised during the trial. "Gueverra argued, among others, that Internet libel does not exist in our statute books [and] thus requires new legislation," the statement pointed out, adding that the Department of Justice (DOJ) had already issued a ruling saying there is no such crime as Internet libel in the Philippines. Legal precedents on 'Internet libel' In a 2009 ruling on a libel case filed by the Yuchengo family's Malayan Insurance Co. Inc. against the Parents Enabling Parents Coalition regarding defamatory statements posted on their website, the DOJ said the Philippines' Revised Penal Code is clear on the specific manner by which libel can be committed. "It is in this regard that this Office holds that there is no such thing as 'Internet libel' under the Revised Penal Code," the ruling said. "It is very specific that libel can only be committed by means o writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition or any similar means." Guvarra's lawyers, Luke Espiritu and Resty Mendoza, welcomed the court's decision to junk the case, saying that the move is a "step forward in making Facebook one of the freest forums for the nearly 20 million Filipino Facebook users to exercise their right to free speech and expression." Espiritu further stressed that cases filed against people who air their views over Facebook is tantamount to invading one's privacy. "Facebook is a netizen's private space —much like a person's home— which should not be subject to intrustion by the State lest the right to privacy of every Facebook user in the world is compromised," Espiritu claimed. Guevarra, meanwhile, said he is preparing a medical malpractice and a malicious prosecution suit against Belo as his next steps. Backgrounder of Belo-Guevarra tussle Belo and Guevarra were embroiled in a much publicized tussle in 2009 after Guevarra posted alleged malicious remarks on his Facebook wall, referring to Belo as "Reyna ng Kaplastikan, Reyna ng Kapalpakan." Guevarra's statements originated from —and were in reference to— the case of his client, Josephine Norcio, who claimed that she nearly died after a botched butt augmentation procedure under the direct supervision of Belo. The status updates were read by Agnes Ballesteros, general manager of BMGI and a friend of Guevarra on Facebook, who then informed her superiors. BMGI then decided to sue Guevarra for libel through Ballesteros. GMA News Online tried to reach Belo but she was unavailable for comment as of posting time. — TJD, GMA News