The Department of Justice (DOJ) has dismissed the cyberlibel complaint filed by Senate Deputy Majority Leader Risa Hontiveros against lawyer Ferdinand Topacio and five social media personalities, ruling that there was insufficient evidence to warrant indictment.
In a 26-page resolution, prosecutors said there was no prima facie case showing a reasonable certainty of conviction against Topacio, Bryon Cristobal (“Banat By”), Jeffrey “Ka Eric” Celiz, Krizette “Kiffy” Chu, Alex Destor (“Tio Moreno”), and former broadcaster Jay Sonza.
The complaint stemmed from online posts amplifying allegations that Hontiveros pressured or bribed a man to testify against former President Rodrigo Duterte, Vice President Sara Duterte, and detained religious leader Apollo Quiboloy—claims the senator had strongly denied.
While acknowledging that some remarks “may have been offensive,” the DOJ stressed that offensiveness alone does not constitute cyberlibel, emphasizing that all elements of the crime must be clearly established.
Prosecutors underscored constitutional protections for free speech, particularly in matters involving public officials, citing Supreme Court rulings that allow wider latitude for criticism.
“The Supreme Court has remarked that ‘being sensitive’ has no place in this line of service, more so when allowing otherwise has the potential to create a chilling effect on the public,” the resolution stated.
The DOJ further ruled that the complaint failed to prove malice, a key element in cyberlibel, noting there was no evidence the respondents acted with knowledge of falsity or reckless disregard for the truth.
Following the dismissal, Topacio hailed the ruling as a victory for free expression and the right of citizens and media figures to scrutinize alleged government misconduct.