Gwen’s libel suit vs. Leo: Judge to reevaluate case then rule on arrest order

Regional Trial Court Judge Geraldine Faith Econg yesterday decided to reevaluate within 10 days the libel case filed by Governor Gwen Garcia against broadcaster and newspaper columnist Leo Lastimosa after which she would rule whether there is probable cause to issue an arrest warrant against the defendant.

The hearing yesterday went on after Judge Econg rejected a motion of Lastimosa to suspend it because his motion to review the prosecutor’s resolution of the case is still pending.

Cebu City prosecutor Nicolas Sellon did not attend the proceedings but submitted a manifestation informing the court that he will not object to the court’s decision over the motion of Lastimosa.

Lawyer Rory Jon Sepulveda, counsel of Gwen, said the court should issue the warrant of arrest against Lastimosa as provided for by the Rules of Courts (section 6, Rule 112), which stated that, within 10 days from the filing of the complaint, the judge shall evaluate the resolution of the prosecutor and its supporting evidence.

If the judge finds probable cause, then he or she shall issue a warrant of arrest, or a commitment order if the accused has already been arrested based on a warrant issued by the judge who conducted the preliminary investigation, or when the complaint or information was already filed.

The rule also provides that if there is doubt over probable cause, the judge may order the prosecutor to present additional evidence within five days after which the court must resolve the matter within 30 days from the filing of the complaint of information.

Lastimosa, through his counsel Celso Espinosa, argued with Sepulveda and said that the court should withhold the issuance of the warrant of arrest, and suspend the hearing of the case due to an earlier motion for review of the case now pending at the DOJ.

Lastimosa insisted that government prosecutors– including Sellon – erred in evaluating the merits of the case and in resolving to file the case in court.

He contended that there has been no probable cause for the filing of the libel case against him because his opinions against the governor was for public interest since it discussed the way the government funds were spent for the Mandaue City-based Cebu International Convention Center.

Gwen however countered that Lastimosa’s commentaries on radio and his opinion in the newspaper, maligned her reputation and destroyed her integrity as the top official of the province. — Rene U. Borromeo/RAE