Sellon said there is enough evidence to indict Nodalo before the regional trial court despite claims that her statements aired over radio dySS on June 23, 2005 was made without any malice.
Nodalo's lawyer earlier argued that the case filed against his client should be dismissed because it did not pass through the Lupong Tagapamayapa - the barangay justice system.
But Sellon, however, concurred with the findings and recommendation of assistant city prosecutor Ma. Theresa Agan that the case is not cognizable by the Lupon because libel carries the penalty of imprisonment of more than one year and a P6,000 fine. Joel Nodalo, more popularly known as Tongol, was gunned down by still unidentified men while inside a cockpit in Buenavista, Bohol last June 23.
When Mrs. Nodalo was interviewed by radio dySS two hours after the incident, she claimed that it was Dumpit who killed her husband. She said that after her husband was gunned down, she received a cellphone call and identified the caller to be Dumpit. Mrs. Nodalo said she is familiar with the policeman's voice because they are neighbors.
She also accused Dumpit of taking cash and other valuables from her dead husband.
Dumpit decided to file a case against Mrs. Nodalo because her acts of accusing him as the killer of Joel Nodalo and for taking money from the dead man dishonored him and his family. - Rene U. Borromeo