Dear PAO,

I currently have a relationship with a married man, who I met at the nightclub that I dance at. I know that this is wrong, but I truly do love him, especially since he takes care of my kids from my previous relationships and former club regulars. Unfortunately, the wife of my current lover has been badmouthing me online. She is an OFW in the Middle East right now, and she keeps posting about me on all social media platforms. She keeps calling me mistress, prostitute, kept woman, and harlot repeatedly to my utter shame. These defamatory posts have been going on for months, and my mental health cannot take this anymore. I keep seeing them on my phone both at home and during my breaks when I am dancing at my nightclub. May I file this complaint in the Philippines?

Xalome

Dear Xalome,

Yes, you may file a cyberlibel case against the spouse of your current boyfriend here in the Philippines. In fact, you may file the complaint at the place of your residence.

Indeed, the Supreme Court, speaking through Associate Justice Conchita Carpio-Morales, in the case of Wonina M. Bonifacio, et al. v. Regional Trial Court of Makati, Branch 149, et al. (GR 184800, May 5, 2010), stated that a criminal case for cyberlibel may be filed at the place where the culprit made the post or where the complainant resides, viz.:

“Venue is jurisdictional in criminal actions such that the place where the crime was committed determines not only the venue of the action but constitutes an essential element of jurisdiction. This principle acquires even greater import in libel cases, given that Article 360, as amended, specifically provides for the possible venues for the institution of the criminal and civil aspects of such cases.

“In Macasaet, the Court reiterated its earlier pronouncements in Agbayani v. Sayo which laid out the rules on venue in libel cases, viz:

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“In order to obviate controversies as to the venue of the criminal action for written defamation, the complaint or information should contain allegations as to whether, at the time the offense was committed, the offended party was a public officer or a private individual and where he was actually residing at that time. Whenever possible, the place where the written defamation was printed and first published should likewise be alleged. That allegation would be a sine qua non if the circumstance as to where the libel was printed and first published is used as the basis of the venue of the action.

“It becomes clear that the venue of libel cases where the complainant is a private individual is limited to only either of two places, namely: 1) where the complainant actually resides at the time of the commission of the offense; or 2) where the alleged defamatory article was printed and first published.”

Here, while it is true that the wife of your lover made her defamatory posts in a different country, the nature of the libel being done online allows you to file the cyberlibel case where you actually reside. Thus, as long as you can establish the elements of cyberlibel, you may file a case in the Philippines; you do not have to go abroad to file it.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]