Makati prosecutors dismiss Jasmine Curtis-Smith's complaint vs lawyer Ferdinand Topacio
The Makati City Prosecutor's Office has dismissed the complaint of actress Jasmine Curtis-Smith against lawyer Ferdinand Topacio for alleged cyberlibel, unjust vexation, and gender-based online sexual harassment.
Curtis-Smith's complaint stems from remarks Topacio made in March about the actress on his radio program Yes...Yes...Yo! Topacio. The lawyer shared his thoughts after Quezon City 4th District Rep. Bong Suntay spoke about Curtis-Smith's sister Anne Curtis during the House of Representatives Committee on Justice hearing on impeachment complaints against Vice President Sara Duterte in March.
GMA News reported that the complaint lacked grounds to justify charging Topacio, according to a joint resolution dated July 1. Prosecutors argued the attorney made his statements in connection with those made by Suntay. Further, the resolution said Curtis-Smith's complaint did not prove that Topacio's statements were made to intentionally harm her.
"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," the resolution said.
"For this reason, this Office finds that the 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, the resolution read.
"It is respectfully recommended that the complaints for cyber libel, cyber unjust vexation, and gender-based online sexual harassment be dismissed for lack of prima facie evidence with reasonable certainty of conviction," the resolution concluded.
According to Merriam-Webster, prima facie, a Latin phrase that translates to "at first sight," can be generally understood as "self-evident" or "obvious at first glance."
On March 3, Suntay made public and sexist remarks against Curtis in the process of supporting Duterte's past statement, where she said she "imagined" herself "cutting" off President Ferdinand Bongbong Marcos Jr.'s head.
Suntay said he felt "desire" and heated up when he saw Curtis at a mall, and imagined what could happen. His statement quickly drew criticism both at the hearing and online; among the loudest voices were Curtis-Smith's.
Jumping in two days later, Topacio addressed Curtis-Smith on his radio show.
"Ikaw Jasmine, bakit ka nagpo-post ng mga bikini pictures mo sa social media? Sa mga pahayagan? Hindi ba para ikaw [ay] pagnasahan? Para ikaw ay sumikat?...Bakit sila tinitingnan? Magandang babae, sexy. Pagnanasahan ng mga lalaki..." Topacio said.
On July 8, the Supreme Court issued a show-cause order against Suntay and Topacio, ordering them to explain why they should not be disbarred for their misogynistic comments.
Following the dismissal, Topacio released a statement on July 15, pushing for the decriminalization of libel and pushing for constitutionally protected free speech.
"I hope this will be the end to the issue regarding what I believe to be constitutionally-protected free speech. I take this opportunity to reiterate my stand that libel should be decriminalized, as penal laws deterring and punishing free expression have no place in a democratic society. My pronouncements pertaining to Ms. Curtis-Smith are nothing personal, but merely part of a robust debate in which she has also, time and again, participated as a citizen of this country," Topacio wrote.
As of writing, Curtis-Smith had not made a comment on the development.
