Defamation

Dear Atty. Peachy,

I hope you can provide some insight into a challenging situation I am facing with a co-worker. Approximately a year ago, I lent him P250,000 to assist him during a difficult time when his uncle was gravely ill. Since then, however, our relationship has soured. He has blocked me on all communication platforms for almost a year now.

Feeling overwhelmed with frustration, depression and stress, I took to social media to express my feelings about the situation, even mentioning his name in a Facebook group. Afterward, he contacted me, claiming that he has screenshots of my posts and that I have now somehow put myself at risk for a defamation case.

Given that our interactions have become strained, I am looking for guidance on how to navigate this issue. Do I have any rights regarding the money I lent him? What should I do if he pursues a defamation claim against me?

Thank you for any help you can provide.

Sincerely,

Ana

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Dear Ana,

Thank you for your inquiry. Here’s an overview of your rights and options as a lender facing potential defamation claims, along with considerations regarding privacy rights and possible harassment.

When you lent your co-worker P250,000, he created a contractual obligation to repay you. If you have documentation, such as messages or receipts, it will strengthen your case when seeking repayment.

Regarding your social media posts, please note that defamation involves making false statements that harm someone’s reputation. In Philippine law, truth is a defense against defamation. If your comments about the loan are true, your coworker cannot successfully sue you for defamation. However, be mindful of the context. If your statements were made with malicious intent or caused unnecessary harm, this could complicate matters.

When discussing someone else in public forums like social media, it is important to consider their right to privacy. The Data Privacy Act of 2012 protects individuals against the unauthorized use of their personal information. If your posts included private details about your coworker that were not relevant to your grievance, this could potentially lead to a claim of a violation of privacy rights.

Additionally, if you posted critical comments about your coworker in a manner that could be deemed harassing, especially if it was excessive or targeted, it could fall under the realm of cyber harassment. The Anti-Cybercrime Law (RA 10175) penalizes acts that cause harm through electronic means. If he feels that your actions constitute harassment, he may pursue legal action, which could be a cause for concern.

If communication is possible, proposing mediation could help clarify expectations and work toward a solution. While you have rights as a lender, being mindful of privacy and harassment laws will help you navigate this conflict more effectively. I wish you the best in finding a resolution to your situation.

Sincerely,

Atty. Peachy Selda-Gregorio