Saturday, December 22, 2007 Guv wants dismissal of libel rap reconsidered
GOV. Gwendolyn Garcia disagreed with the findings of the Cebu City Prosecutor’s Office that there was no malice in businessman Crisologo Saavedra’s statement calling her a “dictator.”
Garcia, through Capitol consultant Rory Jon Sepulveda, asked for the reconsideration of the dismissal of the libel complaint against Saa-vedra.
“Kining klaseng government official dili lang corrupt, but is a dictator who wants to duplicate the ability of Imelda Marcos or maybe of Ferdinand Marcos,” Saavedra had said in an interview, referring to Garcia.
Garcia’s motion said such statement is defamatory.
Premise
But the resolution of the City Prosecutor’s Office said the Garcia’s complaint-affidavit did not specify under what premise Saavedra was being reckless in his statement. Libel requires malice to prosper in court.
Garcia argued this is like coming up with “proof beyond reasonable doubt,” which is essential during trial, not during the preliminary investigation.
“What is required during a preliminary investigation is not proof establishing certainty or beyond reasonable as what the resolution erroneously points out to be, but proof merely establishing probable cause,” the motion for reconsideration read.
Probable cause is a probability of guilt and requires more than a mere suspicion but less than evidence.
‘Abusive’
In an interview with broadcaster Leo Lastimosa last June 5, Saavedra said, “Kini gud, dili na kining corruption that we are fighting...fighting against a governor who is abusive, who is trying to treat all Cebuanos like prisoners.”
Real issue
Garcia said this statement no longer was about the issue being discussed, which was the actual cost of the Cebu International Convention Center (CICC).
“Clearly, an alleged erroneous cost-analysis presentation (on the CICC) - even if attended by misrepresentation - does not make the presentor (Garcia) an abusive governor, corrupt or a dictator,” Garcia’s motion read. (JGA)
