Department of Justice indicts Lorna Kapunan for slander

MANILA, Philippines — The Department of Justice (DOJ) has indicted lawyer Lorna Kapunan for slander over her alleged defamatory remarks against University of Santo Tomas (UST) law dean Nilo Divina.

In two separate resolutions released yesterday, the DOJ found probable cause to indict Kapunan for slander under Article 358 of the Revised Penal Code for her statements against Divina during television interviews in 2017.

Kapunan alleged that Divina paid millions of pesos to former Commission on Elections chairman Andres Bautista in exchange for a favorable ruling for his law firm’s client.

She also insinuated that Divina was responsible for the fatal hazing of UST law student Horacio “Atio” Castillo III by his fraternity Aegis Juris.

“There is basis to charge the respondent for grave oral defamation for the statements she made during her interview with ANC on Sept. 26 and Oct. 27, 2017 considering the presence of all its elements,” read the resolution approved by acting Prosecutor General Richard Anthony Fadullon.

The DOJ panel composed of Senior Assistant Prosecutors Rassender Rex Gingoyon and Olivia Torrevillas and Associate City Prosecutor Laurence Joel Taliping dismissed the complaint for libel against Kapunan.

The DOJ has indicted Kapunan for unjust vexation over her derogatory remarks against Divina in December last year.

The DOJ ruled that Kapunan’s statements calling Divina “an obstructionist to justice” and “appearing to be above the law” had caused “annoyance, irritation, vexation and torment” to the law dean.     

When sought for reaction, Kapunan questioned the findings of the DOJ prosecutors.

“It is uncalled for for lawyers to sue each other if a legal counsel is defending his or her client with zeal and is telling the truth,” she said.

Kapunan said she has filed a petition for review before the DOJ.