21/08/2026
Criminal Law / Special Penal Laws
SAMPLE QUESTION
A business consultant posted on his social media account a series of statements accusing a government official of corruption and deliberate delay in processing his import permits. The posts were widely shared online. The official filed a criminal complaint for libel committed through a computer system.
After trial, the Regional Trial Court found the accused guilty beyond reasonable doubt of online libel under the Cybercrime Prevention Act. In imposing the penalty, the trial court considered that the accused acted out of anger, later deleted the posts, and publicly apologized. It sentenced him to pay a fine of ₱60,000.00, without imprisonment. The accused accepted the judgment and paid the fine.
The prosecution did not appeal but later filed a special civil action for certiorari before the Court of Appeals, arguing that the trial court gravely abused its discretion in imposing only a fine. It contended that since the offense was committed through information and communications technology, the penalty should be one degree higher than that provided under the Revised Penal Code, and therefore must necessarily include imprisonment.
The accused opposed the petition, arguing that the trial court acted within its discretion, that a fine is a valid alternative penalty under the law, and that increasing the penalty after he had accepted the judgment would violate his constitutional rights.
The Court of Appeals dismissed the petition. The prosecution elevated the case to the Supreme Court.
Resolve the controversy with reasons. (5%)
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