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THE Office of the Cebu City Prosecutor has indicted an American who allegedly maligned the reputation of his coworker on Facebook in 2014.
Prosecutor Fatima Asjali-Maadil found evidence to charge Andre Philippe Laflamme with violation of Republic Act 10175, or the Cybercrime Prevention Act of 2012, before the Regional Trial Court.
“In this case, it is clear that all the elements (of online libel) are present in the assailed Facebook posts,” said Maadil in her three-page resolution. A P120, 000 bail is set for Laflamme’s temporary freedom.
Complainant Quennie Samane filed charges of online libel accusing Laflamme of bismirching her reputation through Facebook posts.
Samane and Laflamme are co-workers in a business process outsourcing firm based in Cebu City.
Defame
In her judicial complaint-affidavit, Samane said Laflamme, the firm’s senior manager, defamed her on the social networking site, by posting her photo with the caption, “I’d do anything for money.”
Last April 5, 2016, Laflamme allegedly posted another photograph of Samane. He had it captioned,“revenge is sweet and not fattening. Perhaps, someone we know should have limited their diet to revenge rather than feasting on the fat of other people’s labor.”
Samane said that Laflamme also threatened other employees because he felt they were not loyal to him.
“In posting that ‘I’d do anything for money,’” Laflamme imputed vice upon me by insinuating that I have a serious character flaw and he did it publicly through Facebook,” said Samane in her affidavit.
Laflamme failed to submit his counter-affidavit, prompting the prosecutor to resolve the complaint based on evidence presented by the complainant.
Held liable
In the resolution, Prosecutor Maadil said that Laflamme could be held liable for violating Article 353 of the Revised Penal Code (online libel).
“For purposes of determining probable cause, the evidence adduced thus far preponderates and suffices to arrive at a well-rendered belief that violation of RA 10175 (cybercrime law) has probably been committed by respondent,” the prosecutor said.
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