Prosecutors junk cyber libel raps vs CDO broadcast journalist
CAGAYAN DE ORO CITY — State prosecutors have dismissed the criminal complaints for cyber libel and violation of the Data Privacy Act filed by a department head of the city government here against broadcast journalist Menzie Montes over a news report on delayed public scholarship benefits.
In a 13-page resolution dated June 11, 2026, Senior Assistant City Prosecutor Robbie James D. Yparraguirre ruled that the complaint lodged by Richel Petalcurin-Dahay, acting head of the City Education and Development Department (CEDD), lacked sufficient merit to establish a prima facie case with reasonable certainty of conviction.
READ: NUJP condemns cybercrime, data privacy raps vs CDO broadcaster
The case, NPS No. X-06-INV-26D-0420), stemmed from reports by Montes, news director of RMN-dxCC/iFM Cagayan de Oro, regarding grievances aired by city government scholars who faced delayed tuition payments and living stipends.
Montes had reached out via Facebook Messenger to Dahay to get the local government’s side after posting a grievance from an anonymous scholar. Both agreed on an interview schedule to thresh out the issue.
When Dahay backed out of an interview following an initial segment on the station’s “iFM Reklamo,” Montes published screenshots of their chat exchange detailing why the official declined to appear on air.
Dahay subsequently filed complaints under Section 4(c)(4) of Republic Act No. 10175 or the Cybercrime Prevention Act of 2012, and Republic Act No. 10173 or the Data Privacy Act of 2012, claiming the disclosure of the private chat violated her privacy and defamed her office.
In clearing Montes, the prosecutor emphasized that the publication failed to establish defamatory imputation, noting that the reports did not expressly accuse Dahay of corruption.
The prosecutor also dismissed the data privacy complaint as “unpersuasive,” ruling that the communication involved public concerns and that information relating to the official functions of government employees is excluded from the Data Privacy Act.
“Criminal prosecution cannot be anchored on speculation, perceived unfairness, dissatisfaction with the manner by which information was reported, or subjective conclusions regarding the effect of a publication,” the resolution read, adding that public programs and official conduct must remain open to public scrutiny.
Montes welcomed the prosecutor’s resolution.
The National Union of Journalists of the Philippines (NUJP) Cagayan de Oro Chapter hailed the dismissal as a crucial victory for press freedom against “lawfare.”
“The use of lawfare against journalists continues, and the dismissal of the complaints against our colleague shows that we can win the legal battle,” the NUJP chapter said in a statement. “Nevertheless, our calls to decriminalize libel and stop the weaponization of laws and media attacks remain, as these could stifle press freedom.”
The media watchdog also credited Montes’ legal counsel from the La Viña Zarate and Associates, legal assistance facilitated through the Cagayan de Oro Press Club under its former president, Froilan Gallardo, and lawyer Beverly Musni of the Union of Peoples’ Lawyers in Mindanao. /jpv
