The Department of Justice (DOJ) has cleared Cebu Governor Pam Baricuatro of a cyber-libel complaint filed by businessman and vlogger Byron Garcia, reversing an earlier indictment by the Cebu Provincial Prosecutor's Office. The DOJ resolution, dated April 20, 2026, ordered the withdrawal of the information against Baricuatro, citing lack of probable cause.
Background of the Case
In August and September 2023, before Baricuatro became governor, she posted three comments on Facebook criticizing then-Governor Gwen Garcia, Byron Garcia's brother. Byron Garcia sued for cyber-libel, alleging defamation. The Office of the Provincial Prosecutor (OPP) initially found probable cause for one count, based on a comment on August 29, 2023, where Baricuatro wrote: “Dili ko kurakot pareha nila” (I am not corrupt like them).
DOJ Ruling
The DOJ ruled that the defamatory statement did not specifically pertain to Byron Garcia. Citing the Supreme Court case Yuchengko vs. Manila Chronicle, the DOJ emphasized that for a statement to be actionable, it must refer specifically and personally to the complainant. A general reference to a group does not suffice. The DOJ also cited Lopez vs. People, stating that merely insulting words are not automatically defamatory unless they cause special damages.
Key Points from the DOJ Resolution:
- The post did not explicitly identify Byron Garcia.
- The use of “nila” (them) referred to a collective, not an individual.
- Personal hurt or embarrassment does not equate to defamation.
- Insulting words alone are not enough for a libel charge.
Political Context
Observers note that the timing of the rulings may be influenced by political dynamics. When the OPP indicted Baricuatro, Gwen Garcia was governor. When the DOJ cleared her, Baricuatro was the sitting governor. The case highlights the intersection of politics and justice in the Philippines.
