Libel suit vs. Pardo parishioners dropped

Finding no malice in the reports made against him, the city prosecutors office has dismissed a libel case filed by a priest against his parishioners.

In dropping the case filed by Fr. Domingo Tapic, parish priest of Sto. Tomas de Villanueva Parish in barangay Pardo, prosecutor Edgardo Montenegro said "malice is not presumed" when one criticizes the actuation of a public figure such as a priest like Tapic.

Cleared from the charges were Zosimo Quezon, Justino Coquilla, Violeta Coquilla, Domingo Canque, Emeliana Canque, Walter Rodrigo Abellanosa, Vicente Abellare, Lourdes King, Esperanza Rabago, Segundino Abellanosa, Nicanor Maglasang and Silvelyn Tio.

The respondents are members of the Kalihokang Katoliko Karon, a group in the same parish that Tapic oversees.

Tapic has alleged that the mentioned parishioners committed libel when they accused him of misadministration, misappropriation of church funds and property, drunkenness and immoral and illicit relations. These complaints were stipulated in letters sent to Cebu Archbishop Ricardo Cardinal Vidal.

But in his resolution, Montenegro said that the letters that the respondents sent to the Cardinal qualify as privileged communication, thus, the author is not guilty of libel. Likewise, Montenegro said that as a rule, it is the right and duty of a citizen to make a complaint of any misconduct on the part of public officials, which comes to his notice, to those charged with supervision over him.

Montenegro further said that criticisms against public figures fall within the mantle of protection of privileged communication. Citing jurisprudence, the prosecutor said a public figure is defined as a "person who, by his accomplishments, fame, mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs and his character."

Citing another court ruling, Montenegro said it is the right and the duty of members of churches to report to the ecclesiastical authorities any facts coming to their knowledge concerning any priest, pastor, or member of such church, which might require disciplinary action by such authorities.

"It cannot be denied that complainant, Fr. Domingo Tapic, is a public figure and when it comes to statements against public figures, no presumption of malice exists. When one criticizes the actuations of public figure like the herein complainant, malice is not presumed," Montenegro said. - Joeberth M. Ocao/MEEV