Castro, reporter cleared of libel

CEBU, Philippines - The Cebu City Prosecutor’s Office has dismissed a criminal complaint for libel against a controversial prosecutor who accused an official of the Philippine Drug Enforcement Agency of recycling confiscated illegal drugs.

Assistant city prosecutor Jesus Rodrigo Tagaan found no probable cause to indict his fellow prosecutor Mary Ann Castro of the complaint filed by PDEA agent Rayford Yap.

Tagaan also dismissed the same complaint against Sun Star reporter Gerome Dalipe who wrote the alleged libelous accusation hurled by Castro against Yap.

“There being no probable cause to charge Castro and Dalipe for libel, to implead the editor and publisher of Sun Star Cebu in accordance with the provisions of Art. 360 of the Revised Penal Code, is rendered moot and academic,” Tagaan ruled.

The complaint stemmed from a news article written by Dalipe which saw print at Sun Star Cebu on February 15 accusing Yap of allegedly recycling the illegal drugs that the PDEA has confiscated from an Arab national.

The article was based on a letter of Castro addressed to PDEA director general Jose Gutierrez through PDEA-7 director Adrian Alvariño.

However, Tagaan said the article does not constitute libel because the accusation was made by a public officer against another public officer. According to Tagaan, the letter falls within the ambit of “qualified privileged communication.”

Tagaan cited the case of Alonzo vs. CA, 241 SCRA 51 which states that, “a privileged communication should not be subjected to microscopic examination to discover grounds of malice or falsity.”

Tagaan said the evidence shows that Castro hand over her letter to the Office of the PDEA-7 director and did not cause her letter to be publicized.

But, Yap alleged that Dalipe was Castro’s “personal publicist.” Tagaan, however, said this was not substantiated with evidence.

“How Dalipe was able to scoop on Castro’s letter is only for us to surmise but the fact remains that Castro hand carried her letter straight to the Office of the PDEA-7 Regional Director. Hence, there is no publication within the context of libel,” Tagaan ruled. — (FREEMAN)