BACOLOD City Regional Trial Court Branch 52 Executive Judge Raymond Joseph Javier ordered on Wednesday, September 12, the release of Perfecto Seneres and Mark Anthony Diaz following the dismissal of the libel complaint against them filed by City Legal Officer lawyer Joselito Bayatan.
During the hearing, the camp of the accused through their legal counsel Rey Gorgonio was set to file a complaint for habeas corpus or unlawful detention of the two, who were arrested on September 5 at the Government Center by members of the Public Order and Safety Office composed of Romeo Navarro, Herberto Barrientos, Jr., and Daniel Valera.
But in the course of the discussion, the court judge received the copy of the dismissal by the City Prosecutor and immediately ordered the release of the two accused and the complaint for habeas corpus was already considered moot and academic.
This came after Seneres was earlier caught red-handed handing out libelous materials, which were addressed to President Rodrigo Duterte, that listed the alleged corrupt acts committed by the mayor.
But pursuant to Article 353 of the Revised Penal Code, libel is defined as a public and malicious imputation of a crime or of a vice or defect, real or imaginary or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person or to blacken the memory of one who is dead.
Prosecutor III Rosary Nagrampa signed the order dated September 11 recommending the complaint against Seneres and Diaz be dismissed for lack of probable cause.
They are likewise ordered released from detention unless held for other lawful cause or causes.
Finally, the complaint against Antonio Wong, Edgar Cadagat and Nemesio Demafelis shall be resolved upon receipt of their counter-affidavits or the lapse of the prescribed period for them to file the same pursuant to the rules on the preliminary investigation.
Meanwhile, Bayatan said they will file a motion for reconsideration as the court gave them 10 days to do so.