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Cebu News

Basamot asks prosecutors to elevate libel complaint

Mary Ruth R. Malinao - The Freeman

CEBU, Philippines —  Department of General Services' records and archives management division (RAMD) head Lorenzo Basamot has asked the city prosecutor's office to rule in his favor on the libel complaint he had filed against three City Hall employees.

This, after the three female employees have sought for the dismissal of the libel complaint in their joint counter-affidavit, which he received on January 29, 2020.

Basamot had earlier sued the three for libel for accusing him of sexual harassment.

"Respondents posit two defences for their act of libeling me: (1) that the Affidavits dated October 21, 2019 are absolutely privileged communication; and (2) that they did not have malice in having the Affidavits notarized, which was an act of publication in contemplation with the law," read Basamot's reply-affidavit.

"At the onset, the attention of the Honorable Office is invited to the fact that the respondents never contested the presence of the three other elements of Libel: that the imputation is defamatory; that the imputation was made publicly; and that the person defamed is identifiable. By their silence on these elements, it is clear that they agree that these elements exist," it further read.

In his reply-affidavit, Basamot stated that the presentation of the October 21, 2019 affidavits to the City Legal Office on November 25, 2019 and to the City Prosecutor's Office on December 6, 2019 are considered privileged communications.

However, the one notarized by lawyer Jeremie Nuñez on October 21, 2019 was not a privileged communication.

"What judicial or administrative proceeding were the respondents engaged in when they had the Affidavits notarized on October 21, 2019? There was no 'formal complaint' yet filed before the Office of the City Legal Officer... it was only on November 25, 2019, at 1:29 p.m., or more than a month after the notarization of the October 21, 2019 affidavits, that a 'formal complaint' was filed against me," read a portion of Basamot's reply-affidavit.

Basamot added that if the respondents were really prompted by their "sense of justice to protect [their] rights as women and employees," why did they take their time of more than a month before filing the sworn statements with any government office?

He added that instead of explaining why it took them 46 days to formally file the complaint against him, the respondents "would like to blame me instead for taking the initiative to exercise my right to pursue libel cases against them for maligning my reputation."

Basamot earlier said the allegations against him are politically motivated because he plans to run as barangay captain in the next elections.

He filed the complaint on November 27, 2019 against the employees who accused him of sexually harassing them.

The former Kamputhaw barangay captain also clarified that he has not stepped down as the RAMD head.

"I never said I will resign. I want to stay. I love my job and Atty/Mayor Edgar Colina Labella told me to stay," Basamot told THE FREEMAN. GAN (FREEMAN)

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LORENZO BASAMOT

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