MANILA, Philippines — The Makati City Prosecutor’s Office has dismissed the complaints filed by actress Jasmine Curtis-Smith against lawyer Atty. Ferdinand Topacio, citing insufficient evidence to establish probable cause.
The dismissed complaints included cyber libel, cyber unjust vexation, and gender-based online sexual harassment, all of which stemmed from statements made by Topacio during his radio program in March.
According to the complaints, Topacio questioned Curtis-Smith’s social media posts featuring bikini photos and made remarks that the actress alleged were defamatory, insulting, and violative of her rights under existing laws on online harassment.
In a Joint Resolution dated July 1, the Makati City Prosecutor’s Office ruled that the evidence presented failed to establish a prima facie case, or sufficient basis to determine a reasonable probability that the respondent committed the offenses charged.
The prosecution stated that the evidence did not sufficiently show that Topacio’s statements were intended to threaten, intimidate, harass, or deliberately damage Curtis-Smith’s reputation. It also found that the element of actual malice, a key requirement in cyber libel cases, was not adequately established based on the records submitted.
The controversy originated after Topacio publicly defended remarks made by Quezon City 4th District Representative Bong Suntay regarding actress Anne Curtis, prompting public criticism and eventually leading to separate administrative proceedings before the Supreme Court involving the lawyer.
While the complaints have been dismissed at the prosecutor’s level, the ruling is not yet final. Under Philippine law, the complainant may still file a motion for reconsideration or pursue other legal remedies to challenge the resolution.
As of posting, Jasmine Curtis Smith’s camp has not issued an official statement on whether it intends to appeal the ruling or seek further legal action. Likewise, no additional releases by Atty. Ferdinand Topaciano following the issuance of the prosecutor’s resolution. — Ericka Trinidad, Contributor