Guardo arraignment and pre-trial moved

CEBU, Philippines - Businessman Jonathan “Atan” Guardo who is facing a charge for libel from Congressman Tomas Osmeña filed a motion for the resetting of the arraignment and pre-trial last Monday.

Branch 18 Judge Gilbert Moises yesterday moved the arraignment and pre-trial to February 1, 2011.

Guardo, in his motion, said he is suffering from viral respiratory tract infection and that his doctor advised a complete bed rest and medications.

On December 9, Guardo was examined by Dr. Bernadette V. Albaño, who signed his medical certificate to prove of his hospitalization.

Albaño stated that Guardo has a cough and fever due to infection and advised him to rest for at least one week.

Guardo stated that the motion was filed in “good faith” and that they have no intention of delaying the court proceedings.

Osmeña filed a complaint for libel against Guardo, former Sun.Star Cebu editor-in-chief Pachico Seares and Rene Martel, who wrote the article that Osmeña said was libelous.

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 as saying that he got a call from Osmeña’s staff member asking him to cancel the distribution and that he insisted on pushing through with it.

The follow-up story in January 11, quoted Guardo as saying he is worried about the “pattern of harassment City Hall has deployed against the opposition.”

He accused City Hall of removing his boards, preventing him from entering barangay gyms and depriving the opposition barangays of gasoline allowances, among others.

Osmeña claimed the reports were false and was meant “to impute dishonor, discredit or contempt against him and the city government.”

Guardo sought the dismissal of the libel case for lack of evidence but the prosecutor’s office found merits to elevate the case to the court. — THE FREEMAN