The Department of Justice has dismissed the cyberlibel complaint filed by Byron Garcia against Governor Pamela Baricuatro, ruling that the questioned online remarks did not clearly and specifically refer to the complainant, a key requirement for libel.
In a resolution dated April 20, 2026, the DOJ granted Baricuatro’s petition for review and reversed the earlier finding of probable cause issued by the Cebu Provincial Prosecutor’s Office.
It also directed prosecutors to withdraw the information filed before the Regional Trial Court Branch 29 in Toledo City, effectively ending the case at the trial court level.
The complaint stemmed from Facebook posts made in August and September 2023, where Baricuatro reacted to posts on the account of the late Rowena Burden. Garcia cited several remarks, including the statement “DILI ko kurakot pareha nila,” which was earlier used by prosecutors as basis to file cyberlibel charges.
However, the DOJ ruled that the statements did not clearly identify Garcia as the person being referred to.
“Nothing in the record indicates that the respondent-appellant’s defamatory statement was attributed precisely to complainant-appellee,” the resolution stated.
The DOJ emphasized that identification is an essential element of libel, and it was not sufficiently established in the case.
It added that even if remarks may be perceived as offensive, they do not automatically constitute libel if all legal elements are not present.
Citing jurisprudence, the resolution stressed that the allegedly defamatory statement must refer specifically and personally to the complainant.
It also noted that the term “kurakot” was not explicitly directed at Garcia and could not be conclusively linked to him.
In her defense, Baricuatro argued that her statements formed part of political expression and fair criticism, and that Garcia, as a public figure, must prove actual malice.
The DOJ echoed established Supreme Court doctrine that distinguishes defamatory statements from mere insults, noting that personal offense or embarrassment alone does not amount to defamation.
The ruling sets aside the January 9, 2024 resolution of Cebu prosecutors and clears Baricuatro of the cyberlibel charge under the Cybercrime Prevention Act of 2012. (SBA)
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