Question: Can someone be summoned by a barangay for making a comment on a Facebook post that allegedly causes shame or embarrassment to another person?
Under Philippine law, cyber libel is a criminal offense that falls under the broader category of libel as defined in the Revised Penal Code. Libel is the public and malicious imputation of a crime, vice, defect, or any act, omission, or condition, whether real or imaginary, which tends to dishonor, discredit, or cause contempt against a person. Cyber libel, as provided under Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, extends this definition to include defamatory statements made through electronic means, such as social media platforms like Facebook.
In the context of barangay proceedings, the Barangay Justice System, or the Katarungang Pambarangay, is designed to facilitate amicable settlements of disputes at the community level. It is a mandatory step before certain cases, including some criminal offenses, can be filed in court. However, not all cases are within the jurisdiction of the barangay. For instance, criminal cases punishable by imprisonment exceeding one year or a fine exceeding five thousand pesos are generally not within the barangay's jurisdiction.
If someone feels aggrieved by a comment made on Facebook and believes it has caused them dishonor or discredit, they may initially seek redress at the barangay level as part of the conciliation process. The barangay officials will attempt to mediate and resolve the conflict through dialogue. However, it is essential to note that barangay officials do not have the power to decide on the criminal liability of the parties involved. Their role is limited to facilitating a settlement.
If the matter cannot be resolved at the barangay level, the complainant may then pursue the case in court, where the elements of cyber libel must be proven. These elements include the publication of a defamatory statement, the identification of the person defamed, and the malicious intent behind the statement. The court will also consider whether the statement was made in good faith or constitutes fair comment on matters of public interest, which are recognized defenses against libel.
In conclusion, while a barangay summons can be issued as part of the conciliation process for a dispute arising from a Facebook comment, it is crucial to understand that the barangay's role is limited to mediation. The determination of criminal liability for cyber libel will ultimately rest with the courts, where the necessary legal procedures and evidence must be presented.