Cyber libel case against Atty. Comafay filed by Tabuk City Mayor Estranero dismissed

Tabuk City – The Cyber libel case filed by Tabuk City Mayor Darwin Estranero against Atty. Errol Comafay has been dismissed.

The Regional Trial Court Branch 25 ordered the dismissal of the case after Comafay’s filing of Demurrer to Evidence was upheld by Judge Designate Aura Clarissa B. Tabag-Querubin.

During the height of the pandemic in 2020, Comafay was one of the staunch critics of Mayor Estranero due to issues of alleged malpractices and corruption.

The case filed against Comafay stemmed from his July 04, 2020 interview with a local radio station based in Cauayan City, where he made comments on the complaint filed against the Mayor by residents of Tabuk City at the Office of the Ombudsman. The charge, based the complaint itself, was related to the purchase of overpriced medical supplies using public funds.

Comafay, in his defense, raised two grounds for dismissal – privileged communication and prescription of offense, citing Borjal Vs CA (GR No. 126466) and Causing Vs. People (GR No. 258524).

In relation to prescription of offense, Comafay said the filing of the Cyber libel complaint against him at the Office of the City prosecutor in Tabuk was done only on October 15, 2021, while the filing of information at the Regional Trial Court was only on July 01, 2022.

The prescriptive period for cyber libel in the Philippines is one year from the date of the crime's commission.

The court, in its decision, mentioned that the offense was no doubt made on July 4, 2020, and it was admitted by the prosecution that the filing of complaint at the City prosecutor’s Office was done only on October 15, 2021, while the filing of information at the court was only on July 01, 2022. “Indeed the crime filed against herein accused has prescribed,” said the decision.

The decision further reads “The instant case having been ruled to have prescribed, whether the interview was privileged communication or not is no longer necessary… The Demurrer to Evidence is hereby granted and the case is hereby DISMISSED”