The cyberlibel case filed against former Cebu Provincial Government security consultant Byron Garcia will undergo reinvestigation after a Mandaue court deferred his arraignment and returned the complaint to the prosecutor’s office.
The development came during Wednesday’s hearing before the Regional Trial Court Branch 83 in Mandaue City, where Garcia was scheduled to enter a plea in the complaint filed by Cebu Province public health consultant Dr. Elisse Nicole “Nikki” Catalan.
Instead of proceeding with the arraignment, the court first resolved pending matters, including Garcia’s motion seeking a reinvestigation of the complaint, resulting in the postponement of the proceedings.
Garcia welcomed the court’s order, saying it would give him the opportunity to respond to the allegations, which he claimed he was unable to do during the preliminary investigation.
“So victorious ko karon kay mabalik naman ni sa Fiscal ang akong kaso unya makatubag nami. Makahatag na mi og content of affidavit,” Garcia said in a phone interview after the hearing.
He said the court’s action showed that his right to due process was considered.
“Nalipay ko nga at least fair kaayo ang judge… nakita niya ba nga na-violate jud ang akong due process ani,” he added.
The legal counsel for Catalan and her husband, Dr. Janos Vizcayno Jr., however, said the order should not be viewed as a victory for either party but as part of the judicial process.
“It is a victory for the rule of law, nga naa na ta diri sa court and we are given the opportunity to substantiate and prove the allegations,” lawyer Joselito Thomas Baena told reporters.
Baena explained that the arraignment could not proceed because the court needed to resolve pending incidents before moving forward with the criminal case.
“Let’s give the court the leeway to fairly appreciate the evidence and arguments of both parties,” he said.
Catalan maintained that the cyberlibel complaint stemmed from statements Garcia allegedly made online that she claimed were false and damaging to her reputation.
“A lot of these statements were untrue. They were hurtful, humiliating,” Catalan said, referring to the posts involved in the complaint.
She said pursuing the case was not only about personal concerns but also about accountability for statements made online.
“Our acts in person and online carry weight and it has to have consequences especially if they have criminal liability. That’s really what we are asking for—for accountability,” she said.
Aside from the cyberlibel complaint, Garcia is also facing three counts of gender-based online sexual harassment under the Safe Spaces Act filed by Catalan before the Municipal Trial Court in Cities in Mandaue City.
The charges stem from Facebook posts and online videos that allegedly contained sexist and degrading remarks against Catalan.
The cyberlibel complaint filed by Catalan is separate from another case filed by Vizcayno, who accused Garcia of allegedly making repeated baseless allegations against him through online videos.
During Wednesday’s proceedings, the court also continued the prosecution’s presentation of witnesses in Vizcayno’s case.
Photo courtesy of Kaiser Jan Fuentes
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