THE Office of the Cebu City Prosecutor has dismissed the grave slander and cyber libel complaints filed by businesswoman Michelle Lim Go-Chu against Cebu-based businessman Kaiser Tan and his legal counsel Francisco Amit Jr.
Assistant City Prosecutor Cesar Gariando made the recommendation dismissing the two counts of grave slander and two counts of cyber libel against Tan and Amit for lack of probable cause. Gariando’s resolution was approved City Prosecutor Liceria Lofranco-Rabillas on April 14, 2023.
On March 6, Go-Chu, through her legal counsel, filed the complaint before the City Prosecutor’s Office, claiming that Tan and Amit tarnished her reputation and subjected her to trial by publicity.
Go-Chu referred to news reports published by SunStar Cebu online on Jan. 28 and Feb. 3.
Tan and Amit held a press conference on Jan. 27, where they offered a P1 million reward to anyone who could provide Go-Chu’s exact location and the location of the two others accused of a large-scale estafa complaint, Lorenzo Baltonado Jr. and his wife Jerlyn Joyce of L.M. Baltonado Construction Inc. (LMBC).
According to Tan’s complaint, Go-Chu and her co-accused defrauded him of nearly P200 million in investments, as all 30 checks issued as payments had bounced.
On Feb. 3, Go-Chu claimed that Tan made defamatory and libelous statements following an interview with reporters over a portion of the news article published on that day, specifically stating, “10 of the 71 victim-lenders were already coordinating to build cases against the alleged scammers” and “they will have an online meeting with the victims on Friday night (Feb. 3) to discuss further measures on the case.”
The Cebu City Prosecutor’s Office considered the statement made by Tan and Amit during the press conference on Jan. 27 as an “absolute privileged communication.”
Offering P1 million reward against Go-Chu and the Baltonado couple who were then at large at that moment, Tan’s and Amit’s statement was considered as “fair commentaries on matters of public interest” as Toledo City Regional Trial Court (RTC) Branch 59 Judge Judilyn Tapia Menchavez had already issued a warrant of arrest against them on Jan. 23, according to the prosecutor’s office.
Regarding the Feb. 3 news article published by SunStar Cebu, the City Prosecutor’s Office found that there was “nothing slanderous or libelous” contained in it.
SunStar Cebu contacted Go-Chu’s legal counsel at a law firm based in Metro Manila on Monday, July 24; however, the counsel was unavailable for comment as of press time.
Toledo City RTC Branch 29 Judge Ruben Altubar issued a new warrant of arrest against Go-Chu on May 15, after the first arrest warrant against her was recalled by Judge Tapia-Menchavez on Feb. 14, following her request for re-investigation.
Tapia-Menchavez inhibited from presiding over the trial on March 28, due to a “death threat” she received, resulting in the case being re-raffled to RTC Branch 29.
The Criminal Investigation and Detection Group Northern Leyte Provincial Field Unit failed to locate Go-Chu at her known residential address in Ormoc City on May 16. Go-Chu has been at large since then.