Former energy chief Cusi indicted for libel over comments about Gatchalian
MANILA, Philippines — Former Energy Secretary Alfonso Cusi, who sued more than a dozen journalists for libel in late 2021, has himself been indicted for libel over a statement on the department website criticizing Sen. Sherwin Gatchalian for a report alleging irregularities in the planned sale of shares in the Malampaya gas field.
Cusi has been indicted by the Valenzuela City prosecutor's office over the statement, which alleged that Gatchalian was biased against the deal and had "chosen to lend his ear to...adversarial business interests."
The senator, chair of the Senate Committee on Energy, had released a chairman's report that recommended charges against Cusi and others for approving the deal Chevron and UC Malampaya. The Senate later adopted a resolution adopting the chairman's report.
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In the same statement posted on the DOE website, Cusi said Gatchalian had "[fueled] a gross misunderstanding of the issues" by referring to the planned sale as defective and irregular, and that this was an insult to department officials and employees.
In his counter-affidavit, Cusi had argued that Gatchalian should have filed his libel complaint in Pasay City instead of his home city of Valenzuela, but the prosecution said that the Cyber Crime Prevention Act allows the filing anywhere in the country. Gatchalian has been mayor and congressman of Valenzuela City and a brother, Weslie, is its current mayor.
According to the prosecutor's resolution, Cusi — who sued journalists across seven newsrooms over reports on a case filed against him at the Office of the Ombudsman over the planned Malampaya deal — also argued that Gatchalian, being a public officer, "should not be too onion-skinned."
The city prosecutor said Cusi's claim that his statement was fair commentary was "flimsy" and said that the defamatory allegations the former energy secretary made were "anchored on false allegations."
"The post no longer talks about the legality or illegality of the transfer of share but it already talks about Gatchalian and his tendency to corrupt, commit fraud, being dishonest and abusive," the prosecutor said, adding issues in the case would be best hashed out at trial.
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Press freedom and freedom of expression advocates have long called for the decriminalization of libel, saying the country's defamation laws have been used to intimidate journalists and to silence dissent and criticism.
Cusi withdrew his libel complaints in June 22, saying he wanted "to move forward from the unfortunate events by sparing everyone from the rigors of prosecuting and defending criminal cases."
Similar complaints filed by businessman Dennis Uy against the same respondents and over the same stories had already been dismissed by the Davao City prosecutor's office by then.
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