City fiscal resumes probe on Osmeña's libel case

CEBU, Philippines - Left with no recourse, the City Prosecutor’s Office has accepted back the libel case filed by Cebu City Mayor Tomas Osmeña against his political rival Jonathan Guardo and two other journalists.

In an order, City Prosecutor Nicolas Sellon said that they are re-exercising their authority to conduct a preliminary investigation on the case in compliance with the memorandum from the Office of the Regional State Prosecutor.

Sellon further ordered prosecutor Liceria Lofranco Rabillas to continue with the preliminary investigation of the case until its termination.

The move of the city prosecutor to reaccept the investigation of the case came after Regional State Prosecutor Fernando Gubalani denied the request of the city state prosecutors to inhibit from the libel case last February 17.

In his memorandum, Gubalani said he did not find any compelling reason for the city prosecutor’s office to inhibit from the case.

Gubalani said Sellon’s claim of “delicadeza” was not a legal ground to stop them from performing their tasks.

Sellon had earlier approved the motion of Guardo for all city prosecutors to inhibit from the libel case on the grounds of “delicadeza,” saying that even without touching the merits of the motion, the suspicion of any bias or partiality should be dispelled from the City Prosecutor’s Office in handling the case.

Osmeña filed a libel case against Guardo and two other journalists for the articles on the latter’s allegation that the mayor prohibited his supporters from delivering relief goods to the fire victims in Barangay Calamba.

Guardo filed a motion for inhibition on the grounds that the City Prosecutor’s Office might not render a fair decision as they are receiving a monthly P5,000 allowance from the city government

Osmeña and Guardo are competing for the congressional post in the city’s south district in the coming May polls. — Jasmin U. Labaco/WAB (THE FREEMAN)