The Department of Justice (DOJ) has dismissed the petition for review filed by former Cebu governor Gwendolyn Garcia in her cyberlibel complaint against Governor Pamela Baricuatro, effectively ending the case.
In a resolution dated March 6, 2026, the DOJ upheld earlier findings that found no sufficient basis to pursue criminal charges, affirming the dismissal of the two-count cyberlibel complaint.
The case stemmed from two TikTok videos posted by Baricuatro in early 2025, where she raised questions about alleged “SOP” or kickbacks and the timing of an environmental audit involving Apo Cement Corporation.
Garcia claimed the statements damaged her reputation and prompted her to file a cyberlibel complaint.
However, both prosecutors and the DOJ found that the evidence failed to meet the standard required to establish a reasonable certainty of conviction.
“In this case, no such grave abuse has been shown. Even so, the evidence on record fails to meet the quantum required to establish a reasonable certainty of conviction,” the ruling stated.
The DOJ also sustained the findings of the Cebu Provincial Prosecutor’s Office, which earlier dismissed the complaint after preliminary investigation.
Prosecutors noted that one of the videos could not be firmly established as having been published, weakening the case.
For the second video, authorities found that the statements were framed as questions rather than direct accusations and were delivered in ordinary language without clear malicious intent.
Under existing jurisprudence, malice is a key element in libel and cyberlibel cases, particularly when the subject is a public official. In this case, both prosecutors and the DOJ found no such malice.
They said Baricuatro’s statements fell within the bounds of fair comment on matters of public interest, stressing that public officials are expected to face scrutiny in relation to their duties.
The DOJ added that even inaccurate statements do not automatically constitute malice, especially when presented as inquiries.
The department also cited procedural lapses in Garcia’s petition, including failure to indicate when she received the earlier resolution and submission of incomplete documents.
It likewise upheld the denial of her motion for reconsideration, saying her explanations did not justify the delay in filing.
“Accordingly, this Office finds no cogent reason to disturb the assailed Joint Resolutions,” the DOJ said.
Following the ruling, Baricuatro welcomed the decision.
“Ingon ani jud ni basta wala kay sala, justice will serve itself. Mao rana’y akong masulti,” she said.
The complaint originated from a National Bureau of Investigation probe that initially recommended filing cyberlibel charges under the Cybercrime Prevention Act of 2012. (SBA)
Photo by SBA; Garcia/ FB
