Yhe Davao del Norte Provincial Prosecution Office has reinstated a charge of cyber libel against a radio brodcaster of a Tagum City-based FM radio station.
Facing the charge is Reynan Dumagpi alias “Kamario.” Two others, station manager Rowell Sembrano and a George M. Salabao were also charged in the case.
The case, docketted as NPS DOCKET NR . X1-O3- INV-21G-00176, against Dumagpi of Infinite Radio 96.1 FM stemmed from a complaint filed by Mar Lopez, a councilor of New Corella town in Davao del Norte.
Dumagpi was initially indicted for the crime ofLlibel and Cyberlibel in a Resoution dated September 30, 2021.
But in a Resolution dated December 7, 2021, the Prosecution Office, acting on a Motion for Reconsideration filed by Dumagpi dismissed the case against the broadcaster.
Lopez filed his own Motion for Reconsideration contesting the dismissal.
Lopez’s motion was granted in a Resolution dated March 31, 2022, which reinstated the charge, issued by Julius A. Espina, Associate Provincial Prosecutor, and approved by Norman R. Solis, Provincial Prosecutor.
“The Resolution dated December 7, 2021 is set aside, reinstating the Resoution dated September 30, 2021, which indicts respondent Dumagpi for the crime ofLlibel and Cyberlibel, and dismisses the complaint (as) against the other respondents,” said Espina in the Resolution.
In the Resolution, the Prosecutor said Dumagpi’s program was broadcast in his radio station and streamed live in the FacebookAccount of the radio station
Dumagpi uttered “slanderous remarks whle he was broadcasting his radio program,” said Espina.
“Clearly for the entire 3-hour radio program, he kept ,maligning and defaming the character, person and honor of Lopez. Those obviously contain malicious imputation of a crime , vice and defect of his person. Having said them over the radio and aired them live stream in Facebook, Dumagpi may be held liable for libel penalized under Art. 353 of the Revised Penal Code and for Violation of Sec. 4 (c) (4) RA 10175, Espina said.