CEBU, Philippines - Businessman James Philip Tiongko asked the court to quash the Information or charge sheet for libel that he is facing.
Earlier, Mayor Michael Rama filed a libel case against Tiongko for his statements printed in local newspapers.
However, Tiongko in his motion to declare the Information as legally defective and insufficient to hold him liable for the crime, cited that the facts do not constitute an offense.
He added in order to establish the elements of libel the persons behind the publications must be included.
“The author, editor or business manager of the daily newspaper or the person who published, exhibited, or caused the publication or exhibition of such alleged defamatory imputation in writing was not charged neither impleaded as a co-accused so as to complete the essence and elements of the crime of libel,” motion reads.
Tiongko said that the absence of the names of the persons who published the said statements makes the charge “incomplete and insufficient and incapable” of holding him liable.
He cited Article 360 of the Revised Penal Code which states that any person who shall “publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means shall be responsible for the same.”
Tiongko said because of the insufficiency of the Information, the court cannot give a “valid judgment on the merits of the case.”
He added that the Information was “crafted, designed and intended not to present the crime of libel but as a mere showcase for a media mileage, or to color the on-going campaign then undertaken by the offended party during that time.”
He added that the complaint filed against him was only to emphasize the “complainant’s vindictive character.”He argued that he has nothing to do with the printing, publication and circulation of the “innocent statements in the newspapers.”
The case stemmed from statements Tiongko allegedly issued, as executive director of the Krusada Batok sa Droga, during a press conference. – (FREEMAN)