Town councilor seeks dismissal of libel case

Invoking the doctrine of free comment, Madridejos municipal Councilor Emelita Gabito is asking the prosecutors to dismiss the libel case filed against her by Mayor Lety Mancio.

The case stemmed from the statement that Gabito made last December 29 that a "case of graft and corruption is filed against Mayor Lety V. Mancio because she made unliquidated cash advances in the amount of P7.3 million pesos."

In the complaint she filed against Gabito, Mancio belied the allegations, saying the purported cash advances have already been lawfully liquidated.

But in her counter-affidavit, Gabito said the real issue is whether or not Mancio committed illegal acts in disbursing the cash advances and not whether the disbursements have already been liquidated.

Gabito said there was no malice on her part when she issued the statement relative to the complaint with the Ombudsman because such statement was reportedly made in line with her being a member of the municipal council and based on report by the Commission on Audit.

"I do not bear personal ill-will or spite. I answered questions during the interview in response to my duty as member of the Sangguniang Bayan of Madridejos, Cebu to protect the public funds of our municipality," Gabito said.

Likewise, Gabito said her statement was based upon a matter of public interest "such that the presumption of malice does not arise from the mere publication of the utterances, assuming such utterance was made."

Gabito's primary defense is the doctrine of fair comment, which presupposes that the publication of an alleged malicious remark is based on established facts.

Citing jurisprudence, Gabito said: "If the comments were an expression of opinion based on established facts, it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts."

Gabito also cited another case resolved by the Supreme Court, which said that when an imputation is directed against a public person in his public capacity, the same is not necessarily actionable.

"The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable," the high tribunal said. - Joeberth M. Ocao