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Monday, April 25, 2005
Boy Scout exec's libel raps v. Sun.Star Davao dismissed
By Raquel C. Bagnol
THE Office of the Ombudsman for Mindanao has dismissed the charges for libel and misconduct against a top-ranking government official and three employees of the Sun.Star Davao newspaper.
Deputy Ombudsman for Mindanao Antonio E. Valenzuela approved the 24-page resolution penned by graft investigation and prosecution officer Marco Anacleto P. Buena in dismissing the charges against Department of Education (DepEd) 11 Regional Director Diamar P. Kadon, Sun.Star Davao publisher Antonio Ajero, editor-in-chief Stella Estremera, and this reporter.
The complaint was filed by lawyer Carmelo T. Gempesaw, incumbent council chairman of the Boy Scouts of the Philippines (BSP) Davao City Chapter.
Gempesaw said that on August 16, 2004, Sun.Star published a news item that "maliciously and publicly imputed him and the Davao City Council the commission of crime of malversation, incompetence, negligence and inefficiency which cast dishonor and discredit to his person and members of the BSP.
The Sun.Star respondents, assisted by lawyer Peter Paul E. Ayson of the Batacan and Montejo Law Firm and Kadon and by Arvin Dexter M. Lopoz, denied the allegations in their respective counter-affidavits.
The Ombudsman held it was not shown that there was malicious imputation of a crime and the published article was based on an audit report, which is an official document.
Further, the Ombudsman failed to establish conspiracy between the respondents.
The Sun.Star report stated that Kadon directed the BSP-Davao City Chapter to check on the findings of the Audit Management Team from the national and regional chapters on alleged lapses in the record books and liquidations of cash advances and other failures of the BSP Davao City Council.
Kadon issued the directive as head of the BSP Southern Mindanao council dated June 18 this year to lawyer Gempesaw.
The aim of the audit was to help eliminate the weaknesses of the local council's management and to capitalize on the strengths, but after the audit, the team found that the bookkeeping system of the BSP Davao City Council is below par, and books and forms like ledgers, journals and liquidation for cash advance forms are not maintained.
Among the findings of the audit was there were explained and liquidated cash advances in the vouchers, the local council staff can apply for cash advances without observing proper procedures, the council lost P76,404.85 on September 20, 2001 from the accumulated cash sales collections in the Scout shop to theft, and there were delays in the remittance of collections to the national office.
For Bisaya stories from Davao. Click here. (April 25, 2005 issue)
Write letter to the editor.Click here.
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