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Monday, October 13, 2003
Fiscal junks motion to inhibit, okays 3-man panel
By Victor L. Camion
THE city's libel case against persons behind the Dumaguete sex scandal face another setback after the City Prosecutor's Office (CPO) junked the motion for inhibition filed by Councilor Rommel Erames.
Instead the CPO gave in to Erames' plea to create a three-man panel to handle the case.
The panel will consist of 4th Asst. Prosecutor Linley Gabo, 2nd Asst. Prosecutor Edna Villamil and 4th Asst. Prosecutor Jaena Laguda.
Hermosa explained there was no reason for the city's prosecutors to inhibit themselves from the libel case because the alleged victims are the main complainants, not the city government.
The CPO earlier inhibited itself to handle the investigation of the original case for the sake of delicadeza.
But in the libel case, Hermosa said, his office could be subjected to dereliction of duty if it inhibits itself.
Earlier the three-man panel headed by 2nd Asst. City prosecutor Edna Villamil inhibited too for reasons of delicadeza.
The city filed criminal charges against Engr. Jonathan Lim, Nicholas Siloterio and Noli Banagudos in behalf of the alleged victims.
The complainants in the libel case are the women themselves.
Erames, counsel of the women complainants, in his two-page alternative request urged the CPO to inhibit itself from conducting the preliminary investigation of the pornography and libel charges.
Erames said the CPO inhibited itself from conducting the preliminary investigation in the so-called "Dumaguete Sex Scandal" case, which is now being heard by Bais City Prosecutor Cadelario Gonzales who was designated by the Department of Justice.
So, he argued, there was no reason why the prosecutor's office should not inhibit itself from the libel suit.
The Dumaguete sex scandal case, Erames added, and the libel suit are parts of the same occurrence, and the facts, issues and witnesses are the same.
"In the interest of consistency, the CPO ought to inhibit itself from hearing the preliminary investigation of the charges.
He warned of possible conflict in the resolution of the two cases by Prosecutor Gonzales and the CPO if the latter insists on hearing the libel suit placing the DOJ in "bad light".
Hermosa said he expects problems to arise during the start of the preliminary hearing.
The alleged victims failed to attend the first preliminary hearing of the separate libel case last September 30.
Erames said his clients did not know about the scheduled hearing because they did not receive a summon.
The city councilor requested the CPO to create a three-man panel of assistant prosecutors that will conduct the preliminary investigation on the ground that the case concerns public interest because of the issues involving women's rights and the honor and integrity of the city of Dumaguete and its people.
He said resolving the city's complaint without clarificatory questioning would convert the city prosecution office into a "kangaroo court.
On the other hand, in his manifestation to the prosecution's request, Lim's counsel Raymund Mercado said the cases against his client are not imbued with public interest.
The counsel's respondent said there can be no public interest when the complainants themselves were absent during the first hearing.
Mercado stressed there was nothing irregular in having the cases submitted for resolution after the submission of counter affidavits.
(October 11, 2003 issue)
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