Makati prosecutors dismiss Jasmine Curtis-Smith complaints vs. Topacio

The Makati City Prosecutor's Office has dismissed three criminal complaints filed by actress Jasmine Casandra Curtis-Smith against lawyer and broadcaster Ferdinand Topacio, citing insufficient evidence to establish probable cause.

City Prosecutor Dindo Turla approved a 12-page joint resolution dismissing the complaints for cyberlibel, cyber unjust vexation, and gender-based online sexual harassment arising from statements made by Topacio during the 5 March 2026 episode of his radio program, "YES YES YO TOPACIO."

Curtis-Smith alleged that Topacio made derogatory remarks against her during the broadcast, which was livestreamed on DWIZ's YouTube and Facebook platforms. She argued that the statements were widely circulated through social media and online news quote cards, causing damage to her reputation.

In his counter-affidavit, Topacio denied committing any offense, maintaining that his statements were made as political commentary. He argued that the remarks were protected by freedom of expression and constituted fair comment on matters of public interest.

In dismissing the cyberlibel complaint, prosecutors ruled that the challenged statements were protected under the doctrine of qualified privileged communication because they involved commentary on a public figure and issues of public concern.

The resolution also found that Curtis-Smith failed to present competent evidence showing that Topacio acted with actual malice by knowingly making false statements or acting with reckless disregard for the truth.

"At most, respondent's statements may have been sharp, insulting, or offensive. However, offensiveness alone does not equate to actual malice," the resolution stated.

The prosecutor's office likewise dismissed the cyber unjust vexation complaint, finding insufficient evidence that Topacio's acts satisfied the elements of the offense.

Prosecutors also found no prima facie evidence to support the complaint for gender-based online sexual harassment under Republic Act No. 11313, or the Safe Spaces Act.

According to the resolution, the evidence failed to show that Topacio's statements terrorized or intimidated Curtis-Smith, or were intended to inflict psychological harm as required under the law.