Ad executive files cyber libel against a malicious Facebook post

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In photo: Heidi Hernandez (wife) and Herbert Hernandez holding the filed cyber libel case at the Marikina Hall of Justice

Ad agency head Herbert Hernandez filed criminal complaints about cyber libel against Denise “Deng” Tee before the Marikina City Prosecutor’s Office Thursday, August 26.  She claimed in a Facebook post that he had allegedly harassed her during an advertising festival in Boracay six years ago.

Republic Act 10175 also known as the Cybercrime Prevention Act of 2012 penalizes libel under the Revised Penal Code, but imposes a higher penalty because of the use of computer systems or any other similar means which may be devised in the future. 

Libel is defined as a public and malicious imputation of a crime, or vice or defect, real or imaginary, or any act or omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

The cyber libel complaint against Deng Tee will undergo a preliminary investigation by the prosecution office of Marikina to determine probable cause.  After this, proper criminal indictments may be elevated to the courts of law for the trial and disposition of the cyber libel charge.

“The post is false, malicious, and baseless. It was intended to destroy not only my reputation as an advertising professional but also the reputation of GIGIL, the agency I co-founded,” Hernandez said.  

“Justice has to be sought for the suffering my family and I endured because of Ms. Tee’s maligning post. I thought long about this, and decided to seek redress in the proper forum—the courts,” Hernandez added. 

Hernandez also stated that he hopes the filing of the cases will encourage people to use social media responsibly and not as a public venue to air grievances without the latitude of hearing the other side of the story objectively. 

“Unfounded accusations on social media destroy not only businesses built on hard work, but reputations, families, and lives,” he ended.

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