The Regional Trial Court Branch 25 has dismissed a cyber-libel case filed by Tabuk City Mayor Darwin Estrañero against Atty. Errol Comafay.
The case stems from a July 2020 interview with Comafay and a radio station in Cauayan City, where Comafay allegedly made comments regarding overpriced medical supply purchases using public funds.
Estrañero filed a cyber-libel complaint against Comafay at the Office of the City Prosecutor in Tabuk City in October of 2021, with the filing of information at the Regional Trial Court in July of 2022.
Comafay’s defense was predicated on the remarks being privileged communications, and the prescription of offense. Comafay said that the filing of the complaint in October of 2021 renders the charges invalid, as the prescriptive period for cyber libel in the Philippines is one year from the date of the crime’s conduct.
Prescription of a crime or offense is the loss or waiver by the state of its right to prosecute an act prohibited and punished by law after the lapse of a certain period prescribed by law. In essence, after a certain amount of time has passed, a crime can no longer be prosecuted.
Comafay in defense filed a demurrer to evidence, asking the court whether the evidence presented is admissible, in this case, due to the prescription timeline.
The RTC in its decision confirmed the prescription of offense and the dates provided.
The decision by Judge Designate Aura Clarissa B. Tabag-Querubin upheld the demurrer to evidence and reads, “…the instant case having been ruled to have prescribed, whether the interview was privileged communication or not is no longer necessary… The Demurrer to Evidence is hereby granted and the case is hereby dismissed.”
