State Prosecutor Graeme June Elimido, who was designated as acting provincial prosecutor for the purpose of conducting the preliminary investigation of the case against Reynante "Rey" Cortez and Lito "Bingbong" Solon, found probable cause to hold the two blocktimers for trial for the crime of libel.
Regional State Prosecutor Antonio Arellano designated Elimido to conduct the preliminary investigation of the case after provincial prosecutor Pepita Jane Petralba inhibited herself from it because one of the respondents, Vice Governor Gregorio Sanchez, was her client when she used to be in private practice.
Elimido, however, dismissed the case against Sanchez and the other respondent Valeriano "Jun" Carillo, Jr. owner and manager of radio station dyDD, respectively, where Cortez and Solon allegedly uttered the libelous commentaries against Bogo municipal treasurer Rhet Minguez.
Elimido said there was no evidence to show that Sanchez and Carillo had direct or indirect participation in the commission of the crime because it was uttered live on-air where it is impossible for them to censor the words of the broadcasters.
Cortez and Solon accused Minguez over the radio on May 24 and 26 of allegedly committing corruption and malfeasance in the exercise of his public functions. Elimido said he found no libel committed by the two broadcasters in commenting on the alleged ill-gotten wealth amassed by Minguez because it is within the Constitutionally-guaranteed freedom of the respondents as members of the media to criticize public officials who may have done wrong in the performance of their official functions.
"The conduct or acts of public officers, which are related to the discharge of their official functions, are matters of public interest," Elimido said.
However, Elimido said any attack upon the private character of the public officer on matters that are not related to the discharge of his official functions may constitute libel, which Solon and Cortez have done.
The two said in their radio program over DYDD that Minguez is supporting a mistress and buying her beautiful things using his ill-gotten wealth.
Aside from this, there are several other libel charges pending before the Cebu City Prosecutors Office against the two. They were also previously charged for allegedly extorting money from Philippine Reclamation Authority director Elberto "Bert" Emphasis. - Fred P. Languido