Guardo seeks dismissal of his libel case, says remarks fall under "privilege communication"

CEBU, Philippines – Businessman Jonathan Guardo has asked the Cebu City Prosecutor's Office to dismiss the libel case filed against him by Cebu City South District Rep. Tomas Osmeña claiming it was a privilege communication.

In his counter affidavit submitted before the prosecutor's office, Guardo prayed for the immediate dismissal of the complaint for lack of legal and factual basis.

Guardo, who lost to Osmeña in the last elections, said that the newspaper reports attributed to him are "privilege communications" it being issues properly raised and brought to the public's attention during the election period.

Guardo quoted Article 345 Par. 2 of the Revised Penal Code, which define fair commentaries on matters of public interest as one form of privileged communication, to support his contention.

According to Guardo, the public has the right to be informed of what the candidates are doing. He added that it was not also him who started the alleged defamatory statements.

Guardo stressed that he merely relayed to the media what was told to him by Councilwoman Cora Lim of Barangay Calamba.

Osmeña earlier filed a complaint for libel against Guardo, Sun Star Cebu editor-in-chief Pachico Seares and reporter Rene Martel because of alleged libelous reports attributed to the businessman.

In the news article which saw print in January 10 and 11, Guardo accused Osmeña, who was then the city mayor, of trying to stop his distribution of food to the fire victims in Barangay Calamba.

The news article quoted Guardo in a telephone interview saying that "Cora Lim called me up telling me that tanods visited her early in the morning and asked her to cancel the distribution, and that anybody who has relatives working in the barangay would cause their services to be terminated. She was asking me to cancel. But all the packs were ready, so I insisted that the distribution continue."

A follow up story in January 11, again quoted Guardo as saying, "What worries me is the pattern of harassment City Hall has deployed against the opposition. They removed my boards, prevented me from entering barangay gyms, deprived opposition barangays of gasoline allowances, stopped Cogon Pardo's medical mission and now this Calamba incident."

According to Osmeña, thesereports were false and without factual basis, allegedly meant to impute dishonor, discredit or contempt against him and the city government. (THE FREEMAN)