Chan critic faces more charges

Humprey Elvira, a VOCAL critic of Lapu-Lapu City Mayor Junard “Ahong” Chan, is currently facing 10 cybercrime complaints under the Cybercrime Prevention Act of 2012.

On Friday, November 15, 2024, Chan’s legal counsel, Jorge Esparagoza, filed five additional complaints on behalf of the mayor, Canjulao Barangay Captain Rufo Bering, and City Hall employee Louie de los Santos. These new complaints follow five previous lawsuits filed on October 31.

The allegations range from cyber libel and slander to grave threats, all involving statements and posts Elvira allegedly made on her Facebook page called “Kamatuoran sa Opon.”

In October 2024, Chan filed a cyber libel complaint regarding Facebook posts made on Elvira’s Facebook page.

These posts reportedly contained defamatory and malicious content intended to discredit the mayor.

“Through a computer system, more specifically, through a public post on a Facebook page called “Kamatuoran sa Opon”, which is completely false and defamatory, and which was maliciously and publicly published on September 1, malicious and /or defamatory allegations made against him,” reads the complaint.

Bering, meanwhile, has filed four complaints under the Cyber ​​Crimes Act, including two counts of cyber libel, one count of libel, and one additional count of cyber libel.

These accusations were based on posts dating back to June 2024 and an allegedly defamatory live video posted on his Facebook page.

“The said malicious, false, defamatory and public statements made verbally by Humprey Elvira were made in a video posted on the said Facebook page.”

The complaint states that “Kamatuoran sa Opon” caused dishonor, discredit or humiliation to himself and the incumbent punong barangay.

City Hall employee De los Santos filed a serious threat complaint in connection with posts made on November 14, 2023. These posts reportedly contained statements that made De los Santos fear for his life and safety.

According to Chan’s legal team, the complaints highlight a consistent pattern of “completely false, malicious and defamatory statements” made by Elvira on social media.

The posts, shared widely online, allegedly attacked the reputation of government officials and caused public humiliation.

The complaints against Elvira fall under the Cyber ​​Crime Prevention Act 2012, which aims to identify and punish various cyber-related crimes.

Under Section 4(c)(4) of the Act, defamation committed through a computer system is classified as a cybercrime.

Article 6 of the law also emphasizes that crimes committed using information and communication technologies are subject to penalties that are one degree higher than traditional crimes.

As noted in Bering’s case, libel falls under Article 358 of the Revised Penal Code.

However, when committed through digital platforms, it becomes a cyber-related crime subject to harsher penalties under RA 10175.

Additionally, a similar increase in serious threats under Article 282 of the Revised Penal Code, allegedly carried out through online platforms, demonstrates the serious consequences of using social media as a means to intimidate or harm others.

Elvira, who is described as the manager of “Kamatuoran sa Opon” and a tattoo artist, has long been a vocal critic of the Lapu-Lapu City government and often uses her platform to air grievances and challenge public officials. / CAV