Judge Sylvia Paderanga of RTC Branch 16 denied the prosecution's motion to withdraw the information of the case against Elizabeth Locke Gotianuy and Jerry Lee. The withdrawal of the information of the case was reportedly ordered by Justice Secretary Raul Gonzales.
Gonzales, in a resolution dated July 4, reversed an earlier finding of probable cause by assistant city prosecutor Jesus Feliciano saying there is no specific proof to show that the two accused were the authors of the alleged libelous materials inserted in the newspapers.
But Paderanga said there is probable cause to hold the two accused for trial because of the crime of libel Go filed against them over the circulation of the alleged malicious leaflets that accused him of theft, falsification and estafa.
The leaflets entitled "Treachery Beyond Doubt", which were reportedly distributed by and inserted in the newspapers by Lee, narrated in detail the manner by which Go allegedly dispossessed his brother Jose Gotianuy of his properties and holdings.
Part of the leaflet reads, "Elizabeth Locke Gotianuy is undoubtedly a victim of grievous broad-daylight thievery, falsification and swindling, committed so very insultingly simply and shameless done."
Paderanga said while the identity of the author is not one of the elements of the crime of libel, still the court takes into consideration the person who will be benefited one way or another from the said defamatory writings.
"The court's finding of probable cause should not be equated to conviction, for the degree of evidence required to establish probable cause is not the same degree of evidence required to prove guilt beyond reasonable doubt," Paderanga said in her order dated August 18.
She said the accused can still present all defenses available to them during the trial on the merits of the case. The arraignment of the case has been set for tomorrow at 8:30 a.m.
The court likewise ordered that Lee can still avail of the bail he earlier posted for his temporary liberty while Gotianuy has to be placed under arrest as soon as the warrant is out against her. - Fred P. Languido/BRP