Prosecutor Rejects Capitol Exec’s Appeal in City Mayor’s Libel Case

By Joseph Bernard A. Marzan

The Iloilo City Prosecutor’s Office has denied the Motion for Reconsideration filed by Iloilo provincial information officer Nereo Lujan in the cyberlibel case filed against him by Mayor Jerry Treñas.

In a Jan. 13, 2025 resolution, Prosecutor Caryl Kate Fabella-Genova upheld her previous Oct. 24, 2024 resolution, stating that there was no sufficient basis to reverse the indictment.

“The matters raised [in the Motion for Reconsideration] are substantially a rehash of the respondent’s defense presented in the preliminary investigation as to the absence of defamatory imputation and malice on the said alleged acts of the respondent [Lujan],” the resolution stated.

The prosecutor further noted that Lujan’s social media posts displayed malice, as they were false, without basis, and part of a series of denunciations against Treñas.

Treñas welcomed the resolution, emphasizing that while he accepts criticism, it should not be used as a means to spread falsehoods under the guise of free expression.

“This was not mere political discourse or legitimate criticism—it was an outright effort to destroy my character and reputation,” Treñas said.

“Public service demands accountability, but it also requires protection against those who deliberately seek to mislead, defame, and distort the truth. Let this serve as a reminder that while our democracy upholds free speech, it does not protect reckless, malicious, and defamatory attacks meant to destroy a person’s integrity,” he added.

Lujan told Daily Guardian that he would elevate his appeal to the Regional Prosecutor’s Office.

In a Facebook post, he claimed he had not yet received a copy of the resolution and alleged that the release of the decision to the media was meant to discredit him.

“A person identified with the mayor forwarded a copy of the decision to members of the press, further highlighting the intent to manipulate public perception. This is clearly an attempt by Mayor Treñas to discredit me in light of my continued criticism of his kind of governance,” Lujan wrote.

In another post, he accused Treñas of “playing the victim” to avoid scrutiny.

“A public servant, especially one who holds the highest executive position in Iloilo City, must be open to scrutiny. Instead, Mayor Treñas chooses to play the victim, twisting the principles of free speech to shield himself from accountability,” he said.

“If exposing irregularities, questioning governance decisions, and calling out political maneuvering amount to ‘ridicule’ or ‘mockery’ in his view, then the real issue lies not with my statements but with his unwillingness to accept criticism,” he added.

The initial resolution was penned by now-retired Prosecutor Thaddeuse Gorospe, who indicted Lujan on three counts of cyberlibel under Articles 353 and 355 of the Revised Penal Code, in relation to Section 4(c)(4) of Republic Act No. 10175 (Cybercrime Prevention Act of 2012).

The case stemmed from Facebook posts made by Lujan on:

• June 11, 2023
• Oct. 21, 2023
• April 9, 2024 (which also mentioned Treñas’ daughter, Raisa Treñas-Chu, a former executive assistant and mayoralty candidate)

Lujan maintains that his posts were legitimate criticisms of governance, while Treñas insists they were malicious and defamatory.