Tuesday, November 27, 2007
Fiscals junk Cris complaint
IN the battle of libel suits between Cebu Gov. Gwendolyn Garcia and businessman Crisologo Saavedra no one won, at least at the prosecutors’ level.
After dismissing the libel complaint filed by Garcia against Saavedra, the Office of the Cebu City Prosecutor also rejected the libel suit the businessman lodged against the governor.
But unlike the first case where the investigating and reviewing prosecutors agreed that there is no probable cause to charge Saavedra for libel, the prosecutors in the second case have different views.
The governor would have been charged for libel before the courts if not for Assistant Prosecutor Fernando Gubalane who reversed the recommendation of Assistant Prosecutor Daphne Degoma, the investigating prosecutor. City Prosecutor Nicolas Sellon approved the recommendation of Gubalane.
Last June 7, Saavedra filed a P1 libel complaint against the governor for calling him a crackpot. The governor then filed a P10-million libel counter-charge the following day, for Saavedra’s calling her corrupt.
Garcia’s complaint was earlier dismissed because what Saavedra did was his civic duty.
Both parties plan to file a motion for reconsideration, as they believe their complaint should reach the courts.
In her resolution, Degoma said that all the elements of libel are apparent in the case and recommended that the governor be charged in court for calling Saavedra a “self-righteous, sanctimonious, bald-headed creature.”
In his complaint, Saavedra also cited the statement of the governor who said, “These employees sought to extricate bits and pieces of paper that they absolutely have no technical knowledge of, then supplied it to another uneducated mind.”
Upon review, Gubalane disagreed with Degoma’s findings, saying the element of malice or ill will is wanting.
Gubalane explained that being a public figure, Saavedra is not exempt from remarks and comments on his acts or conduct.
“As ruled, where the defamatory matter is directed against a public official or a public figure, even if it is false, malice cannot be inferred,” read Gubalane’s resolution.
Gubalane said that Saavedra made himself a public figure by claiming to be a whistleblower of controversial government projects, which led to the suspension of several public officials.
Last March, the Office of the Ombudsman suspended former Mandaue City mayor Thadeo Ouano, Lapu-Lapu City Mayor Arturo Radaza and 17 other officials to give way to the ongoing investigation on their alleged participation in the overpriced purchase of lamps for the Asean summit last January.
Saavedra and party-list group Bayan Muna had filed the graft complaint on the purchase of 2,310 lamps and streetlights that were installed in Mandaue, Lapu-Lapu and Cebu cities.
Gubalane said the governor’s statements were intended to counteract the comments made by Saavedra against her person, when the businessman put across that Garcia is a corrupt public official. (KNT)
For Bisaya stories from Cebu. Click here. (November 27, 2007 issue)
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