Actress Jasmine Curtis-Smith lost her cyber libel, unjust vexation and gender-based online harassment against controversial legal luminary Atty. Ferdinand Topacio in a Makati City prosecutor’s decision.
The cases stemmed after Quezon City Fourth District Representative Jesus “Bong” Suntay uttered allegedly misogynistic comments on actress Anne Curtis during a House of Representatives hearing on the impeachment case of Vice President Sara Duterte where the lawmaker said that when he saw Anne in a mall, he desired on her because of her beauty which he later clarified as just an imagination.
Anne’s sister Jasmine Curtis-Smith criticized the chauvinistic behavior of Suntay which Atty. Topacio sided with Suntay and reacted vehemently in his radio show “Yes…Yes…Yo…Atty. Topacio” over DWIZ saying “Kayong mga artista ha, ‘yung mga ganyan… ikaw Jasmine, bakit ka nagpo-post ng mga bikini picture mo sa social media, sa mga pahayagan? Hindi ba para ikaw ay pagnasaan? Para ikaw ay sumikat (You actors and actresses, an instance like this, you, Jasmine, why are you posting your photos in bikini on social media, in newspapers? Is it because you wanted to be desired? So that you become popular)?”
In a 13-page resolution, the Makati City Prosecutor’s Office said: “This Office finds that the subject statements were made in relation to the remarks made by Cong. Jesus ‘Bong’ Suntay relative to the impeachment hearing of Vice President Sara Duterte,” noted the resolution.
“For this reason, this Office finds that respondent’s statements, though highly critical, do not constitute defamation as it is akin to a fair commentary on matters of public interest, covered by qualified communication,” added the court decision.
“Complainant failed to present competent proof demonstrating how respondent's specific actuations crossed the threshold from mere offensiveness or disagreement into conduct intended or likely to cause the kind of mental, emotional, or psychological distress and reputational injury contemplated by the law on gender-based online sexual harassment,” it said.
Meanwhile, Topacio stressed in his statement that he was just opinionating on the matter. “I wish to restate to Ms. Curtis-Smith that there was nothing personal in my utterances, but they were naught but part of legitimate political debate,” the lawyer opined.
Topacio is also optimistic the legislature would also create a law that would “decriminalize what is supposed to be constitutionally-protected speech.”
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