22/08/2026
The National Union of Journalists of the Philippines (NUJP) Cagayan de Oro Chapter welcomes the decision of the Office of the Cagayan de Oro City Prosecutor, dismissing the cyberlibel and alleged violation of the Data Privacy Act complaints against our member, Menzie Montes of RMN/iFM Cagayan de Oro.
This development is indeed a victory for press freedom.
In a resolution dated June 11, 2026, the city prosecutor’s office dismissed the criminal complaints filed by Richel Petalcurin-Dahay, who currently serves as acting head of the City Education and Development Department, for failure of the evidence on records to establish a prima facie case with reasonable certainty of conviction.
The complaints stemmed from the conversation between the two parties amid the alleged delayed tuition payments and delayed issuance of city scholars’ allowances last year, when Montes posted on Facebook a complaint regarding the matter from an anonymous concerned individual.
The city prosecutor’s office stated that the evidence on records failed to sufficiently establish the first and most fundamental element of cyberlibel, which is a defamatory imputation. It said the content of the publication did not expressly accuse the complainant of corruption.
As to the alleged violation of the Data Privacy Act complaint, Petalcurin-Dahay argued that Montes disclosed screenshots of their conversation without her consent, saying it is a violation under the same law.
However, the city prosecutor’s office considered the contention “unpersuasive.” It stated that the subject communication involved concerns raised to a government office. It also said that under the Data Privacy Act, among the exclusions are information that relates to the functions of government employees or officials.
The use of lawfare against journalists continues. In fact, this is the third cyberlibel complaints filed against our colleague. The dismissal of the recent complaints shows that we can win the legal battle. Nevertheless, our calls to decriminalize libel and stop the weaponization of laws and media attacks remain, as these could stifle press freedom.
We express our gratitude to the dedicated lawyers of La Viña Zarate and Associates for their legal assistance that resulted in this victory.
We also thank the Cagayan de Oro Press Club (COPC), especially the leadership of its former president, Mr. Froilan Gallardo, and lawyer Beverly Musni of the Union of Peoples’ Lawyers in Mindanao (UPLM) who made the partnership with La Viña Zarate and Associates possible.
Reference:
NUJP Cagayan de Oro Chapter | [email protected]