ILOILO City — The Office of the Provincial Prosecutor of Capiz has found probable cause to indict a radio broadcaster for cyber libel after examining the contents of her broadcasts and Facebook livestreams.
In a 36-page Joint Resolution covering NPS Docket Nos. VI-06-INV-26C-00103 and VI-06-INV-26C-00104, Assistant Provincial Prosecutor Cherie Lyn Villa stated that the broadcasts and livestreams of India O. Lavapiez subjected former Sigma, Capiz councilor Cindy Grace Bermejo-Francisco to repeated personal attacks and accusations.
The Joint Resolution, dated May 22, 2026, was approved by Associate Provincial Prosecutor Office-in-Charge Christopher George Orola.
Specifically, the Office of the Provincial Prosecutor of Capiz recommended the filing of an information against Lavapiez for violation of Section 4(c)(4) of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, in relation to Article 355 of the Revised Penal Code.
It recommended that the case be filed before Branch 19 of the Regional Trial Court of Roxas City, the designated Special Cybercrime Court, with bail recommended at P10,000.
The charges were filed by Cindy Grace Bermejo-Francisco, a former Sangguniang Bayan member and 2025 vice mayoralty candidate in Sigma, who complained she became the target of a malicious smear campaign during the April 1 and April 2, 2025 episodes of Lavapiez’s radio program “Baskog in the Morning”, which was simultaneously livestreamed on Facebook.
“Baskog in the Morning” aired over DYOP 102.5 FM Baskog Radyo – which operates under the Sarraga Integrated Management Corporation – in Roxas City. Bermejo-Francisco thus also included in her complaint station manager Jay M. Lavapiez and co-respondents Ma. Fatima S. Gaston, Francisco B. Sarraga, Jose Luis F. Sarraga, John Mark F. Sarraga, Maria Jennifer Precious G. Go, Anna Katrina D. Sarraga, Ma. Teresa D. Sarraga, Dante Rae Sarmiento III, and Simon Peter S. Sarraga.
According to the Joint Resolution, reviewed transcripts of the broadcasts showed that Lavapiez’s broadcasts contained repeated remarks questioning Bermejo-Francisco’s character, morality and fitness for public office.
It cited several statements in which the respondent described the complainant using derogatory terms such as “kerida”, “kabit of the year”, “buang- buang”, “tarda-tarda”, “gaga-gaga”, “tanga”, “shunga”, “palak-palak”, “vastos”, “orangutan”, “supladita”, “daw si kamunay munay”, “felingera”, “iligalista”, and “bwesit nga babayi”.
The Office of the Provincial Prosecutor of Capiz stated that these statements formed part of the factual basis for the cyber libel charge.
In her complaint, Bermejo-Francisco stated that the remarks were not merely expressions of opinion or political criticism but constituted a sustained campaign to destroy her reputation following an earlier controversy involving a solicitation letter and an administrative complaint she had filed against a public school teacher and the teacher’s daughter before the Department of Education.
Subpoenas were issued in March 2026. According to the Office of the Provincial Prosecutor, India and Jay Lavapiez filed their respective counter-affidavits, while the remaining respondents failed to submit theirs despite being granted additional time. Bermejo-Francisco later waived the filing of reply affidavits and submitted the cases for resolution.
After evaluating the evidence, the prosecutor concluded that the evidence against India Lavapiez warranted the filing of a cyber libel case, while the allegations against the remaining respondents – station manager Jay M. Lavapiez and co-respondents Ma. Fatima S. Gaston, Francisco B. Sarraga, Jose Luis F. Sarraga, John Mark F. Sarraga, Maria Jennifer Precious G. Go, Anna Katrina D. Sarraga, Ma. Teresa D. Sarraga, Dante Rae Sarmiento III, and Simon Peter S. Sarraga – failed to meet the threshold required for criminal prosecution.
Early this year, on March 11, 2026, an arrest warrant was issued by the Regional Trial Court, Branch 28, National Capital Judicial Region against India O. Lavapiez for four counts of libel and cyber libel. It was signed by Presiding Judge Sheryll C. Dolendo-Tulabing.
Two years back, on August 1, 2024, an arrest warrant was also issued against Lavapiez for four counts of cyber libel by the Regional Trial Court, Branch 19, Sixth Judicial Region. It was signed by Presiding Judge Esperanza Isabel E. Poco-Deslate./PN
