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‘Cyber Identity Theft’ Filed Before NBI-7

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Barely a month since the implementation of the controversial Cybercrime Law (RA No. 10175), three residents of Cordova town filed a complaint before the National Bureau of Investigation (NBI-7) for “cyber identity theft” allegedly perpetuated by someone who is also from the said town.

Complainants Nirissa Omolon, Zenaida Densing and her daughter Madelyn Densing of Sitio Yalaya, Ibabao, Cordova, alleged that one Deseree Mae Bentuland “who stole our identities on Facebook is saying libelous imputations against other person.”

The complaint was filed before the office of NBI 7 last March 21, and according to the complainants’ legal counsel Jo Feliz Marie dela Calazada they will also slap Betuland for alleged violation of the Cybercrime Law before the Regional Trial Court.

Complainants alleged that since last year, Bentuland has been using their names including one profiled as “Madelyn Magsalos Densing,” in Facebook, and posted “libelous” statements against Sherie Mae Sitoy, the wife of Cordova Town Councilor Ximgiel Sitoy, prompting the female Sitoy to confront them.

In December last year, Madelyn reportedly had the account reported to Facebook and the latter, in its reply, gave url address: www.facebook.com/deseree.bentuland as the holder of the account.

Dela Calzada believed Bentuland could have unwittingly changed her personal account into a ‘troll’ one, which she named after Madelyn’s.

Troll is an internet slang that refers to a person who sows discord in the internet by upsetting people or by posting inflammatory or extraneous messages in an online community.

There were also other accounts named after them in the succeeding months, and recently, another profile name was born by the name of “Sherie Mae Burikat,” who uses the url: www.facebook.com/zenaida.densing, to which Zenaida denied she created.

The complainants said they could not find the reason why someone would use their names to malign other people including the Sitoys.

Confrontation

This series of events reportedly prompted Sherie Mae to summon Nirissa and Madelyn to her house on October 31 last year, alleging that the confrontation caused them injury and fear.

An entry of the Cordova Police Station blotter book said that one Nirissa Pinote Omolon, 37, a resident of Pajo, Lapu-Lapu City, came to the station to report that on or about 10:45am of the same day at Bliss, Ibabao, Cordova, she was “boxed by Ximgiel Dino Sitoy, a municipal councilor, and without any valid reason or cause hitting at her forehead causing slight injury thereto.”

Madelyn also reported to the same station also on that day saying she “was invited by Shere Mae Sitoy, wife of the suspect at her residence for clarification about the Facebook however the suspect arrived and suddenly struck the victim with use of an unknown caliber of a gun without any apparent reason or cause hitting at the left side portion of her face thus causing her great fear,” said the report.

The two police reports were attached to their respective counter-affidavits for the libel case that Mayor Adelino Sitoy had earlier filed against Densing and Omolon.

Libel Charges

In January this year, Mayor Sitoy filed before the Provincial Prosecutor’s Office five counts of libel against Madelyn and two counts for Nirissa, for allegedly calling him “kawatan,” “kurakot” and other libelous terms using the “Madelyn Magsalos Densing” and “Nirissa Omolon” Facebook accounts. The mayor has asked for P5-million in damages from each of them.

In their separate counters on the libel charges, Madelyn denied she is behind the “Madelyn Magsalos Densing” account as her Facebook account is named “Eldam Densing.” She said the alleged troll account does not only post libelous statements against the mayor and to her own friends but also steals her own photos.

For her part, Nirissa also denied she owns the “Nirissa Omolon” account as alleged by the mayor, as her Facebook account is named “Riex Omolon.”

“The Facebook account bearing the name “Nirissa Omolon” does belong to another person pretending to be me and making unjust remarks against certain persons without my knowledge or consent,” said Nirissa in her sworn counter-affidavit.

Politics

Attorney Dela Calzada said she believes this whole thing has “political color” as her clients are known supporters of Ibabao barangay captain who defeated Sherie Mae during last year’s barangay elections.

Bentuland is connected to Sherie Mae as the two were reportedly close friends, and the former was reportedly seen in Sherie Mae’s house when the defeated barangay captain bet called the attention of Nirissa and Madelyn last October.

Dela Calzada said Nirissa is a baranggay health worker while Madelyn is a massage therapist (who was terminated by a beach resort company following the incident), adding that the situation made her clients helpless.

Investigation

Dela Calzada, however, said she only hopes the NBI would launch a real investigation on the case so they could have enough proof to slap Bentuland with violation of the Cybercrime Law.

On February 18, 2014, The Supreme Court ruled some provisions of RA 10175(Cybercrime Prevention Act of 2012) as constitutional, although the High Court struck down other provisions, including those that violated the principle of double jeopardy.

Image Credit: blog.wvco.com

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