THE camp of former vice presidential candidate Professor Walden Bello is hopeful that the court would junk the cyberlibel complaints filed by the aide of Vice President Sara Duterte.
Estrella Elamparo, Bello's legal counsel, told members of the media in a press conference in Davao City on Monday afternoon, February 26, 2024, that the defense team saw several loopholes in the prosecution's first witness.
Elamparo said the witness, who was also working then at the City Mayor’s Office, admitted during the cross-examination having no personal knowledge about the alleged involvement of former Davao City Information Officer Jefry Tupas on the controversial drug raid at a beach in Mabini, Davao de Oro, on November 6, 2021. The witness also wasn’t aware of the people involved in the raid.
Tupas is currently the Chief of the Media and Public Relations Division of the Office of the Vice President.
"Umamin siya na wala siyang personal knowledge o personal na kaalaman ukol sa pangyayari don sa nangyaring raid... Inamin niya na ni hindi niya alam kung sino ba ang nandoon sa raid na yun," she said.
"So bilang isang taong hindi nakakaalam kung ano ang naganap, paano niya masasabi na hindi totoo yung mga alegasyon na hindi involved si Jefry Tupas doon sa nasabing buy-bust operation ng PDEA? [Philippine Drug Enforcement Agency]," she added.
Elamparo said that Bello's post, which was the cause of Tupas' cyberlibel complaint, was only commenting on Duterte, who during that time was the Davao City mayor, on her refusal to attend the vice presidential debate.
“Malinaw na malinaw na merong dahilan kung bakit nabanggit yun. There was a public interest in that particular topic dahil may kinalaman siya doon sa pagtakbo ni Vice President Sara Duterte at pati sa hindi niya pag-attend doon sa vice presidential debate,” she said.
Tupas was mentioned in the post considering he was a city hall official, Elamparo said.
“Ang konteksto ng pagkakabanggit sa kaniya ay dahil nga ipinagmamalaki ng Vice President [Duterte] noon na hindi na nila kumailangan umatend ng debate dahil multi-awarded naman daw ang Davao. Kumbaga let the records speaks for itself, and ‘yung 180 awards na natanggap dahil malinis ang Davao at hindi ito namomroblema sa droga,” she said.
“Ang konteksto ng pagkakabanggit ni Ka Walden, eh kung yun nga mismong Chief Officer mo, na-involved doon sa drug raid,” she added.
The legal counsel added that when the news of Tupas’ involvement in the raid broke out, Duterte immediately terminated her information officer.
Citing the witness’ statement, “Umamin siya sa testimony niya na kaya tinanggal ni Mayor Sara Duterte itong si Tupas sa kaniyang trabaho ay dahil ‘yung lumabas na balita tungkol sa kaniyang involvement ay detrimental to the office of then City Mayor Sara Duterte. Inamin din niya yung content of statement ni then Mayor Sara Duterte na si mismong si Mayor Sara ang nagsabi na involved "si Tupas doon sa nasabing drug raid".”
When the witness was asked, based on personal knowledge, if Tupas filed a complaint against Duterte, the response was no.
Elamparo said that Bello is being singled out for being a critic because Tupas did not file a complaint against Duterte and the reporters who released stories about his arrest and involvement in the drug raid.
Bello, who was present during the press conference, reiterated that the complaint was “politically motivated.”
“It's unfortunate na it has come to this point where government resources are being expended enough for a case like this which is really very shallow and [has] no basis,” he said.
Bello, who had been coming back to the city despite being declared as persona non grata by the 19th City Council in 2022, said that he had been getting support from Dabawenyos, and he finds it heartening.
Elamparo said that the next trial has been scheduled for April 17, and the prosecution will present its second witness.
Additionally, Elamparo said that the defense has six witnesses but the legal team is ready to defend the professor.
On November 16, 2023, the two camps were ordered to attend a mediation proceeding. However, the parties failed to meet an amicable settlement.
This after the Tupas’ camp wanted Bello to issue an apology, which the latter declined.
Danny Baculos, Bello’s other legal counsel, said the two parties did not arrive at a “wording of the statement” acceptable to both parties.
“There were proposals and counterproposals from both parties and despite the revisions of the terms and conditions of one party and the other party are not acceptable to both,” he said.
Despite the failed mediation, Elamparo said they are not closing the door for a possible settlement. But for now, they will be facing the charges all throughout the procedure.
Tupas’ camp has not issued any statement regarding the hearing. RGL with reports from AJ Sajul, UIC Intern
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