The city’s Regional Trial Court (RTC) Branch 59 archived two cyber libel cases filed against lawyer Francis Rae Camtugan II following the alleged failure of the complainant to pay the corresponding filing fees on the civil aspect of the said cases.
In a 2-page order, Judge Ivan Kim Morales stated that considering the clear wordings of Section 1, Rule 3 of the Rules of Court, and the manifestation of the private complainant that they will be paying the necessary filing fees for the said cases, the court suspended the proceedings in the said case and hereby archived the same until such time that the prescribed filing fee is paid.
However, in so far as the motion of Camtugan for the court to direct the complainants to pay the filing fees, the same was denied as it will not force the complainants to pay the filing fees in the said case.
Earlier, the lawyer filed a motion before the court for the same to issue an order directing the Office of the Clerk of Court to assess the filing fees, demand payment from the private complainants and require them to pay the assessed filing fees before the next scheduled hearing on the two counts of cyber libel that were filed against him.
On the other hand, the State argued that the damages can be considered in the award of civil liability but Section 1, Rule 3 of the Rules of Court clearly stated that in so far as the payment of filing fees is considered which specifically provided that if the amount of damages, other than actual, basis specified in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing of the same in court.
The second paragraph of the affidavit of the complainants mentioned that Camtugan must be held liable to pay Casa Infini in the amount of PhP 50,000,000.00 as moral damages and PhP 6.02 million, in exemplary damages.
