- Petitioner
- Jannece C. Peñalosa
- Respondent
- Jose A. Ocampo, Jr
- Citation
- G.R. No. 230299
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Leonen, J.
- Decided
- April 26, 2023
Whether allegedly libelous Facebook posts made in 2011, before the enactment of the Cybercrime Prevention Act of 2012, are punishable under Article…
Summary
The Supreme Court resolved whether allegedly libelous Facebook posts made before the Cybercrime Prevention Act can be prosecuted under the Revised Penal Code. Peñalosa posted defamatory statements on Facebook in 2011 and was charged with libel. The DOJ ordered withdrawal of the information, ruling no law penalized internet libel in 2011. The RTC dismissed the case, but the Court of Appeals reversed, holding the post was punishable under Article 355 of the RPC. The Supreme Court granted Peñalosa's petition, ruling that: (1) the proper remedy against withdrawal orders is appeal, not certiorari; (2) private complainants lack standing to file such petitions as only the State may appeal criminal cases; and (3) cyber libel is punishable only under the Cybercrime Prevention Act, not Article 355. The Court applied statutory construction principles and the non-retroactivity of penal laws, reinstating the dismissal and providing that civil remedies remain available.