TACLOBAN CITY – A barangay chairman from Leyte, Leyte has filed a libel case with the Office of the Ombudsman against two high-ranking police officers from the province.
The accused officers, identified as Police Lieutenant Colonel Marben Ordonia, head of the Regional Intelligence Division of Police Regional Office 8 (PRO-8), and Police Lieutenant Colonel Duane Francis Ducducan, have been named in the complaint lodged by Edgar Dela Rosa, chairman of Barangay Baco, Leyte town.
In his complaint, Dela Rosa stated that in October 2023, he received a chat message from a friend who informed him that the Philippine National Police Regional Intelligence Unit and the Leyte Provincial Police Office were disseminating a memorandum about an emerging “Criminal Group Dela Rosa” in the 3rd District of Leyte and in Ormoc City.
Dela Rosa learned that this memorandum originated from the PNP Regional Intelligence Division of Region 8 and concerned his activities and involvement in the Barangay and Sangguniang Kabataan Elections on October 30, 2023.
Upon receiving this information, Dela Rosa took steps to verify the existence of the memorandum. He sought the help of his family members, who include retired and active police officers residing in the 3rd and 4th districts of Leyte. The family was alarmed by the information tagging Edgar as an emerging leader of a criminal group.
After being re-elected as chairman of Brgy. Baco in the October 2023 elections, Dela Rosa reported that the memorandum resurfaced and was spread across PNP stations in the 3rd district of Leyte and in Ormoc City, which is in the 4th district of Leyte.
He claims the memorandum is libelous and calls for penalties under Section 3(e) of Republic Act No. 3019, as well as for grave misconduct and conduct unbecoming of public officers against respondents Ordonia and Ducducan.
Dela Rosa argues that the dissemination of the memorandum, which he received and read through text messages, constitutes a violation of Article 353 of the Revised Penal Code for libel and/or cyber libel, with cellphones considered a computer or similar device used for public dissemination of the malicious imputation.
He asserted that the memorandum describing him as the leader of an emerging criminal group was a false and malicious imputation that caused dishonor to him and his family.
He claimed it was publicized without any warning of confidentiality and spread among the citizens of Leyte, Leyte.
As defined in Article 353 of the Revised Penal Code (RPC), libel is a public and malicious imputation of a crime, vice, defect, or any act, omission, condition, status, or circumstance tending to cause dishonor, discredit, or contempt.
Cyber libel, under Section 4(c) (4) of Republic Act No. 10175, requires that the imputation must be made publicly, be malicious, be directed at an identifiable person, and be done through the use of a computer system.
The Leyte Samar Daily Express could not contact both Ordonia and Ducducan for their reactions on the filing of libel case against them.
