REGIONAL Trial Court Judge Gilbert Moises has junked the libel case filed by Cebu City Mayor Tomas Osmeña against broadcast-journalist Pablito “Bobby” Nalzaro in 2014.
In his eight-page order, Moises granted Nalzaro's manifestation to withdraw the charge information after the Department of Justice junked the libel case against the broadcaster.
Since Osmeña is a public figure, Moises held that it is inevitable that he may be subjected to “fair commentaries involving public interest or even criticisms.
"Being a public figure, the complainant opens up himself to the risks of criticisms, to public ridicule even,” said Moises in his order.
“The commentaries may be unfair and inaccurate but for as long as they stay within the realm of protected speech or publication as in this case, the same could not be considered as libel."
Nalzaro was also elated over the dismissal of his libel case.
“From the start, I know it was purely harassment just to silence me. Truth prevailed. Thank you Lord,” said Nalzaro.
The case stemmed from the complaint filed on Dec. 14, 2014 by Osmeña, who alleged that Nalzaro besmirched his reputation when the broadcaster accused him of fabricating charges when he filed multiple administrative complaints against Cebu City Treasurer Diwa Cuevas before the Civil Service Commission.
Nalzaro, a SunStar Cebu and SunStar SuperBalita columnist, denied he maligned Osmeña. He argued that his column was written solely in response to his “journalistic duty.”
Nalzaro pointed out that he used the phrase “fabricated charges” in his column after he read the Commission on Audit report, which he said would show that Cuevas could not be criminally or administratively held liable for the city's fiscal management.
In his five-page resolution, Prosecutor Jesus Rodrigo Taga-an found evidence to charge Nalzaro with libel for alleged violation of Article 353 of the Revised Penal Code.
Taga-an said the broadcaster alleged in his column, which saw print in this paper in October last year, that some of the cases that Osmeña filed against Cebu City Treasurer Diwa Cuevas were based on “fabricated charges.”
Nalzaro's lawyers, Joan Giduquio-Baron and Barbara Anne Ocaba, of J.P. Garcia Associates, subsequently filed a petition for review with the justice department.
They argued that Taga-an erred when he did not dismiss the libel complaint against Nalzaro when the prosecutor did not even rule that there was malice in the journalist's column.
The defense said Nalzaro has no ill will nor hatred against Osmeña and that there was no evidence the accused "was animated by the desire to inflict unjustifiable harm" on the complainant.
In the resolution dated Sept. 2, former Justice Secretary Vitaliano Aguirre II granted his petition for review and reversed the prosecutor's resolution indicting the journalist of libel.
Aguirre said Nalzaro has basis in commenting that some of the charges filed against Cuevas were fabricated after the mayor indeed charged the treasurer before the CSC and Department of Finance.
The justice secretary reminded Osmeña that as a public official, he can be subjected to “fair commentaries on matters of public interest.” Aguirre also gave credence to the profession of Nalzaro being a member of the press.
Nalzaro's lawyers later filed a manifestation urging Moises to admit the resolution issued by the Department of Justice, which junked the libel case against the broadcaster.
In granting Nalzaro's motion, Judge Moises ruled that Nalzaro's commentary has also basis such as the complaints against Diwa.
“The accused is known to be a hard punching columnist, and it is no surprise that he chooses words these strong in order to perk up the interest of his readers,” said Moises. (GMD/SunStar Cebu)