Cyber libel complaint vs CDO journalist dismissed; messages involving public concerns do not violate Data Privacy Act
CAGAYAN DE ORO (MindaNews / 23 August 2026) — Published Messenger messages, chat logs, and direct messages (DMs) between public officials and journalists do not constitute Data Privacy Act violations if they involve public concerns or the functions of public office.
This was the ruling by the Office of the City Prosecutor here as it dismissed the cyber libel charges and alleged Data Privacy Act violations filed by a local official against a veteran broadcast reporter who was investigating complaints regarding delayed student scholarship benefits.
In a three-page resolution dated June 11, 2026 but released on Thursday, August 20, the Office of the City Prosecutor said complainant Richel Petalcurin-Dahay, acting head of the Cagayan de Oro Education and Development Department, failed to establish a prima facie case of violations of the Data Privacy Act against broadcaster Menzie Montes, news program director of RMN dxCC and iFM. It said the communications between Dahay and Montes regarding delayed student scholarship benefits “involved concerns raised to a government office.”
“Under the Data Privacy Act of 2012, among the exemptions are information that relates to the functions of government employees and officials,” the prosecutor’s office said on Friday.
The Office of the City Prosecutor also dismissed the cyber libel charges filed by Dahay against Montes, ruling that the complainant failed to establish a prima facie case.
“The reporter did not expressly accuse the complainant of corruption,” the resolution read.
The National Union of Journalists of the Philippines (NUJP) Cagayan de Oro chapter hailed the decision as a victory for local journalists who have faced constant threats of prosecution from public officials.
“The dismissal of these complaints shows that we can win legal battles against the lawfare waged by local officials against local journalists who are looking into corruption cases,” said Franck Dick Rosete, chair of the National Union of Journalists of the Philippines (NUJP) Cagayan de Oro chapter.
Rosete also thanked attorneys Tony La Viña, Carlos Isagani Zarate, and Beverly Selim Musni for providing legal support to Montes.
La Viña said their firm, La Viña-Zarate and Associates, signed a Memorandum of Agreement (MOA) with the Cagayan de Oro Press Club two years ago to provide legal defense for local journalists. (Froilan Gallardo / MindaNews)
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