JUDGE Alexander Acosta ordered the arrest of a former Cebu City Hall consultant who was convicted of libel for maligning the reputation of Mayor Tomas Osmeña in a Facebook post in 2015.
Judge Acosta of the Regional Trial Court Branch 9 ordered the issuance of the arrest warrant for Aniceto “Abbey” Canturias, whom he found guilty of violating Republic Act 10175, or the Cybercrime Prevention Act of 2012.
Canturias’ counsel has filed a manifestation informing Acosta that they will be filing a motion for reconsideration.
But since his conviction is not yet final and libel is a bailable offense, the defense asked Acosta to allow him to post bail “in the interest of justice.”
The police reportedly arrested Canturias last July 16 pending the resolution of his motion to post bail. He is currently detained in the Cebu City Jail.
The case stemmed from the five counts of libel that Osmeña filed against Canturias for allegedly maliciously accusing him of using a Dodge Charger car and running over a girl in Mactan Island in 2015.
Canturias, a former journalist and director of Cebu City’s Economic Enterprise and Investment Management, posted messages on Facebook saying that Osmeña used a Dodge Charger car and ran over the girl.
Canturias, in a counter-affidavit, said his comments were made “in good faith” and in the exercise of his right to free speech.
Osmeña, “being a public figure, should open himself up to criticisms from the public” and there was “no malice” in his published statements, Canturias alleged.
In August 2016, Prosecutor Ma. Johanna Desamparado-Calustre found evidence to charge Canturias with Sec. (c) (4) of the Cybercrime Prevention Act of 2012.
In the three page-resolution, Calustre said that “imputation of a discreditable act” existed when Canturias identified Osmeña in his Facebook post and comments.
In the decision, Judge Acosta ruled that Osmeña was not yet the city mayor when Canturias posted such comments in his Facebook page.
“Private complainant was not a public official when said defamatory words imputing him of the crime of reckless imprudence resulting in homicide were made, thus, the accused cannot claim that he made such defamatory statements with good reason and justifiable cause nor he could invoke absence of bad faith,” the decision read.
Acosta sentenced Canturias to spend four years and two months up to eight years in prison. (GMD)