Motion of actress, manager opposed

CEBU, Philippines - The resident of Cebu City, who filed libel charges against an actress and her manager, has opposed the claim of both accused that no due process was extended to them.

Clarence Taguiam, through his counsel, filed an opposition to the motion for reinvestigation filed by ABS-CBN Star Magic road manager Danilyn Nunga before the Regional Trial Court.

 Nunga, who was charged for libel along with actress Neri Naig-Miranda claimed they were not afforded due process during the conduct of the preliminary investigation.

Nunga and Naig were charged for allegedly accusing Taguiam and his friend, Donna Marie Go, in their respective social media accounts as bogus sellers of a Go Pro Hero3 Action Camera.

 Taguiam alleged that on April 30, 2015, Nunga posted a photo of him and Go tagging them as “bogus, fictitious and fraudulent” sellers of the camera.

 Nunga alleged that although she has fully paid for the camera, she failed to claim it. Taguiam, however, denied selling camera in his complaint.

 Nunga said she did not receive any subpoena directing her to answer the allegations filed against her so they filed for a reinvestigation of the case.

 “Accused Nunga, however, never received any subpoena. Being a talent manager, she seldom stays in the office and is almost always out on field. Again, she was only apprised of the pendency of this case through a friend who happened to read a news article in a Cebu,” the omnibus motion read.

 Taguiam, however, stated a subpoena was sent to ABS-CBN Corp., Sgt., E.A. Esguera Avenue, Corner Mother Ignacia Street, Quezon City, contrary to the statement of Nunga that she was not afforded to air her side.

 “…in this case there was a subpoena sent to the accused since there was a preliminary investigation being conducted. For whatever reason, the accused simply ignored it. Accused Nunga did not even categorically say that she does not go to ABS-CBN Corp. In fact, she said, he seldom stays in the office,” the opposition read prepared by lawyer Jan Michael Cagulada.

 Nunga alleged there was no criminal intent in their posts online since their sole intent was merely to reach the persons from whom she purchased online a GoPro camera.

 She also said she can present evidence hence the reason for seeking a reinvestigation.

 However, Taguiam alleged if Nunga intends to present evidence, she can present the same before the court during trial proper and not in another preliminary investigation.

 He said another preliminary investigation for the same purpose was “just a waste of time and resources” since there was an alleged admission of posting online.

 “Thus, allegation of lack of criminal intent is of no moment since mere commission of the act is already a violation of the law regardless of the intent,” he stated.

 Taguiam is seeking for the denial of the motion for reinvestigation filed by Nunga.

Meanwhile, Regional Trial Court Judge Ricky Jones Macabaya of Branch 5 gave Nunga 10 days to file her reply to the opposition of Taguiam before he will resolve the omnibus motion.  (FREEMAN)