LEGAL OPINION

Dear Ma’am

This legal opinion seeks to answer your questions as to the following:

1. whether or not we can acquire a protection order by reason of threats that

you receive from

2. Whether or not the ______ can be made liable for the crime of Cyberlibel by
reason of their posts and comments on Facebook; and

3. Whether Santiago, et. al can be civilly liable for damages.

The Facts
Per our discussion and the screenshots that you have shown me, the
following are the pertinent facts to this case:

I. Sometime this 2023, __________ sent you a private message through

Facebook, threatening you stop posting because she thinks your posts are personal
attacks against her. By reason of the false beliefs, illusions and fantasies, she
threatens you by saying “Pag di ka tumigil, susugurin kita diyan!”

II. Sometime and on several occasions this 2023, ___________ posted and
commented malicious and derogatory remarks, and even identifying you through
tagging your Facebook name and through posting your images and videos.

The Applicable Laws

I. For the first act, the applicable law is Article 283, Light Threats, of the
Revised Penal Code. It provides that:

Article 283. Light threats. - Any threat to commit a wrong not

constituting a crime, made in the manner expressed in subdivision 1 of
the next preceding article, shall be punished by arresto mayor.

II. For the second act, the applicable law is Cyberlibel under Section 4(c)(4) of
the Republic Act No. 10175, also known as “Cybercrime Prevention Act of 2012.”
This is defined as

Sec. 4. Cybercrime Offenses. — The following acts constitute the

offense of cybercrime punishable under this Act:

xxxx

(c) Content-related Offenses:

 xxxx

(4) Libel. — The unlawful or prohibited acts of libel as defined in

Article 355 of the Revised Penal Code, as amended, committed
through a computer system or any other similar means which
may be devised in the future.

III. Civil Case for Damages under Article 33 of the Civil Code of the
Philippines may also be filed simultaneously or independently because the law
explicitly provides that:

ARTICLE 33. In cases of defamation, fraud, and physical injuries, a civil

action for damages, entirely separate and distinct from the criminal action,
may be brought by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a
preponderance of evidence.

Analysis and Conclusion

I. Taking into consideration the facts and the circumstances, Protection

Orders are not applicable as a remedy in the cases at hand because these are only
applicable to Violence Against Women Cases under the Republic Act No. 9262.
The only applicable remedy for threat, specifically light threat in this case, is a
blotter report in the barangay and / or the police station which has jurisdiction over
your residence.

II. __________________ can be held liable for the Cyberlibel under RA No.
10175 because they have been commenting accusations, harassing, mean and
shameful words, and even name-calling you. These constitute malicious
imputations of a crime, vice, or defect, real or imaginary, or an act, omission,
status, or circumstance, which were publicized. The contents being malicious is
presumed by the law the burden of proving the same falls on the prospective
accused.

Another important matter to consider is the identification of the victim. In

this case, you were identified in the posts by tagging your main personal profile or
account, or your page, and by posting images and videos with your face. Hence the
element of identification is present in the case.

There being publication of malicious imputations identifying you clearly and

without a doubt, the same dishonors and discredits you causing you to have a bad
reputation and eventually breach your contracts being a brand ambassador and an
influencer in the social media.

Recommendation

I. BLOTTER
 To file a blotter with the barangay and the police station where you are
residing can be the immediate and primary step as a preventive measure provided
for by law, given that the Santiago, et.al. keeps on threatening you. By filing in the
barangay and police station, this would ensure that when a crime has been done to
you or when something evil happens to you, then the initial and primary suspects
of the police would be ____________ as they were the only people who have spite
towards you. After filing a blotter report, the copies of the same shall be acquired
by you in order to keep records of them as they are necessary and can be part of the
evidence to be presented in court.

II. PNP OR NBI CYBERCRIME DIVISION FOR

AUTHENTICATION OF SCREENSHOTS

In order to preserve the pieces of evidence that you we currently have

against _______________ this procedure of authentication is of vital importance.
This can ensure that once the comments and posts are deleted, we can still use the
screenshots to prove the criminal case of Cyberlibel against them, and so that these
could still be admissible in court.

Furthermore, once the pieces of evidence are authenticated, and they find a
basis to file a case, then, the case can be filed in the Prosecutor’s Office of where
you reside, together with your Judicial Affidavit and Judicial Affidavits of
witnesses that we may produce, who could testify to identify and authenticate the
libelous remarks in the Facebook posts and the identity of the complainant.

III. FILE CRIMINAL CASE FOR LIGHT THREATS BEFORE THE

MUNICIPAL TRIAL COURT OF CAVITE

With regard to threats of ______________ through private messages sent to

your Facebook Messenger, I recommend to file this after making a blotter report
because this is one of the speediest remedy we can possibly acquire. Although this
could be filed alongside with the Criminal Case for Cyberlibel in the Regional
Trial Court where you reside, this can proceed separately because this springs from
a different act constituting another crime.

The advantage of this is that, we can file this case directly file a Complaint
before the Municipal Trial Court. Another advantage is that, _____________ may
be ordered or sentenced with the following:

Article 284. Bond for good behavior. - In all cases falling within the
two next preceding articles, the person making the threats may also be
required to give bail not to molest the person threatened, or if he
shall fail to give such bail, he shall be sentenced to destierro.

Article 87. Destierro. - Any person sentenced to destierro shall not be

permitted to enter the place or places designated in the sentence, nor
within the radius therein specified, which shall be not more than 250
and not less than 25 kilometers from the place designated.
 She may be required by the court to give a pay for a bail bond to ensure
good behavior and if she fails to give a bond, then she may be sentence to
destierro as defined in Article 87 mentioned above. This means that she cannot
come near you and therefore, you will be somehow safe pending the case for
Cyberlibel that we can file against _______________. before the Regional Trial
Court.

IV. FILE CRIMINAL CASE FOR CYBERLIBEL

I further recommend filing this case in order to deter such kind of acts
through the use of social media because it maligns your reputation as an influencer
and may even cause you to breach your contract with brands you are affiliated
with, affecting even your livelihood.

V. INDEPENDENT CIVIL ACTION FOR DAMAGES UNDER

ARTICLE 33 OF THE CIVIL CODE OF THE PHILIPPINES

This is optional if you also seek monetary relief against ________ This can
be filed together with the criminal case of Cyberlibel in the same case, or it could
be filed independently or separately from the criminal case, before the RTC
independently or separately from the criminal case, before the Regional Trial Court
as well.