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Facebook post results in libel | Sun.Star
Facebook post results in libel
By Kevin A. Lagunda
Wednesday, July 4, 2012
FOR posting an open letter on his Facebook account accusing a call center company of practicing illegal recruitment, a man will face trial after the Cebu City Prosecutor’s Office filed a criminal case against him in court.
Prosecutor Rhodna Alcala-Bacatan found evidence to charge Neil (real name withheld) with one count of libel.
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“After an evaluation of the evidence on record, this office finds the existence of all the elements of libel in this case,” said Bacatan in her resolution.
The company based in Barangay Lahug, Cebu City wanted Neil to pay them P2,500,000 for damages.
In his 48-paragraph counter-affidavit, Neil denied he committed libel. The bail is at P10,000.
According to the Revised Penal Code, the elements of libel are accusation of a discreditable act or condition to another, publication of the accusation, identity of the person defamed and existence of malice.
For Bacatan, Neil clearly stated that the company committed illegal recruitment in Facebook, a social networking site, through “deceit and deception.”
The prosecutor said the allegations are “obviously discreditable acts that may have discredited complainant.”
She was not persuaded by the respondent who argued in his counter-affidavit that there was no malice in his letter for he was telling the truth.
As to authenticity of Neil’s open letter, Bacatan said the scrutiny of the said electronic document should be left to the court.
Former employee
Neil, the company’s former employee, posted his accusation on Facebook last year.
“All these promises and false hopes that your people state during the training process can, in my view, be considered a form of illegal recruitment by way of making deceitful promises to the general public,” he said.
He said some of the employees who referred their friends and relatives to the company did not receive referral incentives and fees as promised.
Neil and two other persons eventually filed syndicated and large scale illegal recruitment and discrimination complaints against the company’s six officers and other unnamed persons.
Published in the Sun.Star Cebu newspaper on July 04, 2012.