Dear Attorney,

I lent money to someone, but they failed to pay me back. Frustrated, I posted about the situation on Facebook. Now, I’m being accused of cyber libel. I want to voluntarily surrender, but I’m unsure about the legal process. Can I apply for bail while still outside of detention?

Sincerely,
Concerned Lender

Answer

In the Philippines, cyber libel is a serious offense governed by the Cybercrime Prevention Act of 2012 (RA 10175). It involves the malicious publication of defamatory statements through electronic means, such as social media platforms like Facebook.

In your situation, the accusation arises from your post about the unpaid debt, which the aggrieved party claims to be defamatory. Even if your intent was to express frustration or warn others, the legal system could view the act as cyber libel if the post is proven to damage the reputation of the person you referred to.

If a warrant of arrest is issued against you for cyber libel, you have the right to voluntarily surrender. Surrendering voluntarily might demonstrate good faith and could influence the court’s consideration during your case. Regarding your question about bail, you are indeed allowed to apply for bail even if you are not yet in custody. This is called "bail before arrest," where you can file for bail as a precautionary measure after the issuance of a warrant but before you are taken into custody.

To do this, you need to file a petition for bail in the court where the case is filed. The court will then set a bail hearing to determine the amount and conditions. If granted, you can post bail and remain free while the case is pending, provided you adhere to the conditions set by the court.

It's essential to consult with a lawyer who specializes in cybercrime law to guide you through the process, ensure your rights are protected, and help you navigate the complexities of your case.