Jailed cop appeals junking of libel case vs Caparas

MANILA, Philippines - Detained policeman Rizal Alih is appealing the dismissal of a libel case he filed against movie director Carlo Caparas and his wife, Donna Villa, over a movie released in 1991.

In a four-page petition for review filed before the Quezon City prosecutor’s office, Alih’s lawyer, Fernando Peña, said the filing of the libel case complied with the one-year prescription period provided in the Revised Penal Code.

Peña said that while the movie “Arrest Patrolman Alih – Zamboanga Massacre” was publicly released in 1991, Alih only discovered of its existence in November 2011. The case was filed in September 2012.

“The prescriptive period should be reckoned from the time of discovery of defamation and not on the date of publication or showing of the film,” read the petition.

In a resolution last month, Assistant City Prosecutor Reuben Veradio said there is no probable cause to file charges against the respondents as the prescription period following the supposed commission of the offense has already lapsed.

The film was about the 1989 siege of Camp Cawa-Cawa in Zamboanga, which led to the death of Brig. Gen. Eduardo Batalla, Colonel Romeo Abendan, and some of Alih’s supporters.

In his complaint, Alih said the film damaged his reputation as he was depicted in the movie as the one who beheaded Batalla. He insisted that he did not kill Batalla, citing the latter’s death certificate, which showed that the general died of heart attack.

He added that he is facing serious illegal detention and not murder charges.