A FORMER City Hall official will spend between four and eight years in jail for maligning the reputation of Cebu City Mayor Tomas Osmeña on Facebook.
Judge Alexander Acosta found Aniceto “Abbey” Canturias guilty of violating Republic Act (RA) 10175 or the Cybercrime Preventive Act of 2012.
Canturias, a former journalist and director of Cebu City’s Economic Enterprise and Investment Management office, posted messages on Facebook, saying Osmeña had used a Dodge Charger and ran over a girl in Mactan in 2015.
“This court, after consideration of the evidence presented by the prosecution and the defense, is convinced that accused (Canturias) is guilty of the crime charged. Thus, this court found no reason but to convict the accused,” read Acosta’s 10-page decision.
The case stemmed from the five counts of libel case that Osmeña filed against Canturias.
Canturias, in his counter-affidavit, said his Facebook comments were made “in good faith” and he was exercising 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 said.
In August 2016, Prosecutor Ma. Johanna Desamparado-Calustre found evidence to charge Canturias with violating Section (c) (4) of RA 10175.
Calustre said that “imputation of a discreditable act” existed when Canturias identified Osmeña on his Facebook post and comments.
In the decision, Judge Acosta pointed out that Osmeña was not yet the mayor when Canturias posted the comments.
“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.