Prosecutors Recommend Dismissal of Cyber Libel Charges Against Cebu Councilor
In a significant legal development, prosecutors in Marawi City have formally recommended the dismissal of all 12 cyber libel charges filed against Cebu City Councilor Pastor "Jun" Alcover Jr. This recommendation stems from a detailed joint resolution dated February 19, 2026, where fiscal authorities concluded that the complaints failed to meet the required standard of prima facie evidence with reasonable certainty of conviction.
Background of the Controversial Case
The case originated from a series of Facebook posts published during September and October 2025, a period marked by intense controversy surrounding the Colon Night Market in Cebu City. The complainant, businessman Ibrahim Ala Dianalan Jr., who serves as the organizer and operator of the night market and president of the Participative Association of Sugbo Vendors Inc. (PASVI), claimed that he had secured all necessary permits, including a Special Business Permit on September 1, 2025, and approval from the City Council via a resolution allowing temporary road closure on Colon Street.
Despite these authorizations, several posts emerged on Facebook accounts named "Jun Alcover" and "Jun Amigo" criticizing the project. These posts labeled the operator as a major syndicate and a large crocodile, questioned the legality of the operation, and alleged that vendors were being charged P6,000 monthly without proper authorization.
Core Issue: Authorship and Evidence
The central question in this case revolved around whether Councilor Alcover was indeed the owner or controller of the Facebook accounts responsible for the contentious posts. Dianalan asserted that the accounts belonged to the councilor, basing his claim on profile names, life details, and videos showing Alcover speaking or appearing on those pages.
However, prosecutors determined that this evidence was insufficient to prove authorship. They emphasized that the preservation of digital evidence does not inherently imply that the individual in question created the content. According to the prosecutors, authorship must be established through clear evidence such as a suspect's confession, direct observation during posting, unique writing styles, or technical data like IP logs and device connections.
None of these elements were presented by Dianalan's camp. The resolution explicitly stated, "Social media identities can easily be imitated or manipulated."
Defense and Legal Standards
In his defense, Alcover denied ownership of the accounts. He argued that even if he had made such statements, they would constitute legitimate commentary on a matter of public interest. As a member of the City Council, he maintained that he was merely fulfilling his duty to oversee matters for the public good and the welfare of vendors.
The prosecution upheld the updated standard set by the Department of Justice (DOJ), which requires prima facie evidence with reasonable certainty of conviction. They found that the complainant's evidence only raised suspicion but was inadequate to sustain criminal prosecution. Consequently, they recommended the dismissal of all complaints against Alcover due to lack of evidence.
