A LABOR leader seeking a partylist seat has been indicted for cyber libel over his viral video accusing Manila’s health chief of corruption in connection with a policy requiring annual health certificates.
In an order released Oct. 11, Manila prosecutors formally accused National Federation of Labor Vice President Elijah “Eli” San Fernando of violating Section 4 (c) 4 of Republic Act 10175 or the Cybercrime Prevention Act of 2012.
The complaint was filed by Dr. Arnold “Poks” Pangan, head of Manila’s City Health Department, on Aug. 16, where he accused San Fernando of tarnishing his reputation with “malicious allegations.”
In the viral video posted on Facebook and TikTok on Aug. 6, San Fernando, the first nominee of Kamanggagawa Party, called Manila City Ordinance 8973 “weird” and discussed the controversy it had caused in UST.
He also accused Pangan and his wife, Mayor Honey Lacuna, of deliberately preventing UST employees from undergoing health tests at UST Hospital to profit from tests conducted at the city government-owned laboratory.
READ: Labor leader faces cyber libel raps over video on Manila health certificate
Following a preliminary investigation, the court found prima facie evidence “with reasonable certainty of conviction” to proceed with a trial.
“Imputations are derogatory to the good name, character and reputation of the said Dr. Arnold Martin Pangan as he is portrayed as a corrupt officer/employee of the City of Manila, thus exposing him to public hatred, public contempt and ridicule,” the order penned by Senior Assistant City Prosecutor Roselyn Tinio read.
In his complaint, Pangan refuted San Fernando’s allegations, describing them as “false, [without] factual basis, [and] aimed [at destroying] my reputation as a person and as a public servant.”
San Fernando, in his counter-affidavit, maintained that his statements were directed at Pangan’s office, which subjects him to criticism and public scrutiny.
“To regard such scrutiny as defamatory would undermine the fundamental principle that ‘public office is a public trust,’ as well as the constitutionally guaranteed right to ‘freedom of speech’ under the Philippine Constitution,” he wrote in his counter-affidavit, a copy of which was obtained by the Varsitarian.
San Fernando stressed that his comments were focused on the implementation of City Ordinance 8793, which is a “matter of public interest” and unrelated to Pangan’s personal circumstances.
He also denied any malicious intent, disputing the claim that his statements were libelous.
“The alleged statements are not malicious per se but are mere expressions of disapproval and disappointment which are not themselves defamatory statements and without reference to any specific person,” San Fernando argued.
“A public officer must not be too thin-skinned with reference to comment upon his official acts. Only thus can the intelligence and the dignity of the individual be exalted,” he added.
San Fernando posted bail on Oct. 22 at the Manila City Hall.
Cyber libel is punishable under Republic Act 10175, or the Cybercrime Prevention Act of 2012.
Courts may impose fines ranging from P40,000 to P1,500,000 instead of imprisonment on those found guilty. Ella Mae A. Sison
