Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR

City of Makati

MICHAEL CHUA
Complainant, I.S. No. 18-1234
For: Cyber libel in relation to
-versus- RA 10175

MARIO RESSO
Respondent.

x-----------------------------------------------x

RESOLUTION

This resolves the complaint for Cyber libel in relation to RA 10175 allegedly
committed against complainant MICHAEL CHUA by the respondent.

Complainant MICHAEL CHUA claimed that on February 16, 2019, respondent

MARIO RESSO published an online article in his Blog reviewing complainant’s restaurant
(a.k.a. “Intsik Restaurant”). In the said article, respondent not only criticized the restaurant’s
dishes but also branded complainant as a “fugitive from China involved in prohibited drugs, sex
trade and money laundering.” The libellous article having been published in his Public Blog is
made available to the general public.

Complainant presented a printed copy of the Blog Article. The author of the said
Article is named Mario Resso and it was uploaded in the website: www.marioblogs.com.

In his counter-affidavit the respondent vehemently denied the allegation against him
by the complainant and claimed that he is not a blogger and had never created any online blog
reviewing the complainant’s restaurant (a.k.a. “Intsik Restaurant”) and he deny to have published
or caused to publish any malicious article against complainant in any online site or social media.
In addition, respondent claims that he has no connection or any access to the said Blog. The said
allegation was corroborated by the affidavit of his mother in the person of Miriam Resso who
claims to be living with respondent and have never seen his son create any online article or
maintain any Blog in his computer.

Resolution
I.S. No. 0-1234
Page 2
-----

After Judicious evaluation of all the evidence adduced by the parties we find that there is
a probable cause to charge the respondent MARIO RESSO for the crime of Cyber libel against
complainant MICHAEL CHUA happened sometime February 16, 2019 under section 4, (c)
paragraph 4 of R.A. 10175 also known as the Cybercrime Prevention Act of 2012.

Section 4, (c) paragraph 4 of R.A. 10175 provides that:

“Section 4. Cybercrime Offenses. — The following acts constitute the offense of

cybercrime punishable under this Act:
xxx
(c) Content-related Offenses:
xxx

(4) Libel. — The unlawful or prohibited acts of libel as defined in

Article 355 of the Revised Penal Code, as amended, committed through
a computer system or any other similar means which may be devised in
the future. xxx”

A libel is defined as “a public and malicious imputation of a crime or of a vice or defect,

real or imaginary or any act, omission, condition, status or circumstance tending to cause the
dishonor, discredit or contempt of a natural or juridical person or to blacken the memory of one
who is dead.” For an imputation to be libelous, the following requisites must concur: (a) it must
be defamatory; (b) it must be malicious; (c) it must be given publicity; and (d) the victim must be
identified or identifiable.

The Article complained of imputes to complainant the commission of crimes. It is clearly

defamatory. Under Article 354 of the Revised Penal Code, every defamatory imputation is
presumed to be malicious, even if it be true, if no good intention and justifiable motive for
making it is shown. The presumed malice is known as malice in law. The recognized exceptions,
where malice in law is not present, are the absolute or qualifiedly privileged communications.
The Article in question does not fall under any of the absolute or qualifiedly privileged
communications.

Resolution
I.S. No. 0-1234
Page 3
-----

Wherefore, we resolve that there is sufficient probable cause to charge the respondent for
Cyber libel under section 4, (c) paragraph 4 of R.A. 10175 committed against MICHAEL
CHUA.

City of Makati, March 31, 2019.

ROBERTO A. LAO
Officer-In-Charge

APPROVED:

JORGE G. CATALAN, JR.

City Prosecutor

Copy Furnished:

Michael Chua,
4545 P.Binay Street
Brgy. Isidro, Makati City

Mario Resso
Unit 1546 Palma Towers
Bel-air, Makati City
 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
City of Makati

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO.

-------------------- (I.S. NO. 18-1234)

-versus- for

MARIO RESSO For: Cyber libel in relation to

Unit 1546 Palma Towers RA 10175
Bel-air, Makati City
Accused.
x----------------------------------------------x

INFORMATION

The undersigned Assistant City Prosecutor accuses MARIO RESSO of the crime of
Cyber libel under section 4, (c) paragraph 4 of R.A. 10175 also known as the Cybercrime
Prevention Act of 2012, committed as follows.

That on February 16, 2019, in the City of Marikina, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, , did, then and there willfully,
unlawfully and feloniously have committed the crime of Cyber libel against one MICHAEL
CHUA.

CONTRARY TO LAW.
City of Makati, March 31, 2019
ROBERTO A. LAO
Officer-In-Charge
APPROVED:

JORGE G. CATALAN, JR.

City Prosecutor
 This is to certify that I have conducted a preliminary investigation of this case; that the
accused was informed of the complaint and of the evidence submitted against him; that he was
given an opportunity to submit controverting evidence; that based on the evidence presented;
there is reasonable ground to believe that the crime has been committed and that the accused is
probably guilty thereof. I further certify that this information is being filed with the prior
authority of the City Prosecutor.

ROBERTO A. LAO
Officer-In-Charge

SUBSCRIBED AND SWORN to before me this _____________in Makati City.

WITNESSES:
1. Michael Chua, 4545 P.Binay Street Brgy. Isidro, Makati City
2. And Others
 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
City of Makati

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO.

-------------------- (I.S. NO. 18-1234)

-versus- for

MARIO RESSO For: Cyber libel in relation to

Unit 1546 Palma Towers RA 10175
Bel-air, Makati City
Accused.
x----------------------------------------------x

MOTION FOR CONSOLIDATION

COMES NOW, the prosecution through the undersigned Assistant City Prosecutor, and to
this Honorable Court, respectfully states:

1. That the above-entitled cases are closely related to and inextricably interwoven with one
another;
2. That these cases are founded on the same facts and/or forming parts of a series of
offenses of similar character which may be tried jointly by one branch of this Honorable
Court pursuant to Section 14, Rule 119 of the 1985 Rules on Criminal Procedure; and
3. That the prosecution will be presenting common evidence in these cases.

WHEREFORE, it is respectfully prayed that these cases be consolidated, raffled and assigned
to only one branch of this Court.

City of Marikina.
March 31, 2019.

ROBERTO A. LAO
Officer-In-Charge
THE CLERK OF COURT

Greetings:

Please submit the foregoing Motion for Consolidation to this Honorable Court for its
consideration and approval immediately upon receipt hereof.

ROBERTO A. LAO
Officer-In-Charge