Harassment complaint ni Jasmine Curtis laban kay Atty. Ferdinand Topacio, dinismiss ng piskal

• Makati City prosecutors dismissed the cyberlibel, cyber unjust vexation, and gender-based online s*xual harassment complaints filed by Jasmine Curtis-Smith against lawyer Ferdinand Topacio
• Prosecutors ruled that the evidence presented did not establish a prima facie case with a reasonable certainty of conviction
• The resolution stated that Topacio's remarks were considered commentary on a matter involving a public figure and public interest
• Prosecutors emphasized that offensive statements alone are not automatically actionable without proof of actual malice or intent to cause psychological harm

The Office of the City Prosecutor of Makati City has dismissed the criminal complaints filed by actress Jasmine Curtis-Smith against lawyer Ferdinand Topacio after finding insufficient evidence to support the charges.

In a joint resolution dated July 1, 2026, Assistant City Prosecutor Eilleen Abigail Piñera recommended the dismissal of the complaints for cyberlibel, cyber unjust vexation, and gender-based online s*xual harassment. The resolution concluded that there was no prima facie evidence that would reasonably lead to a conviction.

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The case stemmed from statements Topacio allegedly made during his radio program on March 5, 2026. Curtis-Smith claimed the lawyer uttered derogatory remarks against her after she defended her sister, Anne Curtis, following controversial comments made by Quezon City Fourth District Representative Bong Suntay.

Among the remarks cited in the complaint were:

"Yung kapatid, bumanat pa, si Jasmine Curtis, parang binabastos daw 'yung kapatid niya, hindi daw tama…”

Another statement quoted in the complaint read:

"Kayong mga artista ha, 'yung mga ganyan... Ikaw Jasmine, bakit ka nagpo-post ng mga b*kini picture mo sa social media, sa mga pahayagan? Hindi ba para ikaw ay pagnasahan? Para ikaw ay sumikat?"

Despite these statements, the prosecution found that Curtis-Smith failed to sufficiently establish that Topacio's actions met the legal standards required under gender-based online s*xual harassment laws. Piñera explained that the evidence did not demonstrate that the lawyer intended to terrorize, intimidate, or inflict the kind of emotional, psychological, or reputational harm contemplated by the law.

"At most, the allegations remain unsubstantiated, as complainant failed to present competent proof demonstrating how respondent's specific actuations crossed the threshold from mere offensiveness or disagreement into conduct intended or likely to cause the kind of mental, emotional, or psychological distress and reputational injury contemplated by the law on gender-based online s*xual harassment," Piñera stated in the resolution.

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Topacio, in his counter-affidavit, rejected the accusations and argued that his remarks arose from a political context. He maintained that his comments had a "political genesis" linked to an ongoing political conflict involving Vice President Sara Duterte and the current administration.

The prosecution also cited the doctrine of fair comment, explaining that criticisms directed at public figures are not automatically considered actionable. According to the resolution, only false allegations of fact accompanied by actual malice may give rise to liability.

"Accordingly, even if the declarations against complainant may have been offensive or harsh in tone, they are not actionable by themselves when made as commentary on a matter of public interest involving a public figure, absent required showing of actual malice," Piñera said.

The resolution effectively ends the complaints at the prosecutor's level unless further legal remedies are pursued.

Jasmine Curtis-Smith is an award-winning Filipino-Australian actress, host, and model celebrated for her critically acclaimed performances in prominent films such as Transit, Baka Bukas, and I'm Drunk, I Love You. Managed by Vidanes Celebrity Marketing and actively working with the GMA Network, she continues to be a highly respected figure in Philippine television and independent cinema.

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In another report, actress Jasmine Curtis spoke out after Atty. Ferdie Topacio made controversial remarks about her and other celebrities during a DWIZ program. Topacio suggested that celebrities who post b*kini photos online invite unwanted attention, prompting Jasmine to repost the segment on her Instagram Stories with a strongly worded caption expressing her outrage.

Meanwhile, the mother of Anne Curtis and Jasmine Curtis also publicly criticized Atty. Ferdinand Topacio over his remarks involving her daughters. In a Facebook post, she took issue with the lawyer after he defended Rep. Bong Suntay's controversial statement about Anne during a discussion on an impeachment hearing. Both Jasmine and Anne also responded publicly to Topacio's comments.

Source: KAMI.com.gh