The Regional Trial Court (RTC) may hold an accused found guilty of Cyber Libel liable to pay a fine only instead of imprisonment.

In People of the Philippines v. Jomerito S. Soliman, G.R. No. 256700, April 25, 2023, the Supreme Court was confronted with the issue on whether or not the RTC may sentence an accused found guilty of Cyber Libel to pay a penalty of fine only pursuant to Administrative Circular (AC) No. 08-2008 or the the Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases, which permits the imposition of fine rather than imprisonment in libel cases. 

In said case, the Accused Jomerito S. Soliman (Soliman) was charged and found guilty beyond reasonable doubt for committing Cyber Libel as defined and punished under Section 4(c)(4) of Republic Act No. (RA) 10175 or the Cybercrime Prevention Act of 2012 for his malicious remarks and comments posted on his Facebook account against Private Complainant Waldo R. Carpio (Carpio). The RTC imposed the penalty of fine only and invoked AC No. 08-2008 which, under certain circumstances that the judge may take into consideration, warrant the imposition of fine alone to serve the best interests of justice. 

The People, through the Office of the Solicitor General, raised before the Court of Appeals (CA) that the RTC committed grave abuse of discretion in imposing a penalty of fine only for Accused Soliman’s violation of Cyber Libel.

The CA denied that Petition and thus prompted the People to elevate the matter to the SC. 

The SC affirmed the RTC’s imposition of fine only considering the that circumstances surrounding the defamatory Facebook post are akin to one of the circumstances under AC 08-2008; for which post reveals that Accused Soliman was only animated by anger and his perception against the Private Complainant Carpio. That said, there was no grave abuse of discretion in the imposition of the penalty of fine only. 

Read more: 

Full text of People of the Philippines v. Jomerito S. Soliman, G.R. No. 256700, April 25, 2023 

https://sc.judiciary.gov.ph/256700-people-of-the-philippines-vs-jomerito-s-soliman/