Regional prosecutor grants Dignos motion

Regional State Prosecutor Antonio Arellano granted dyHP commentator Joash Dignos' motion for the Mandaue City prosecutor to inhibit from the libel case filed against him by Cheryl Zoleta-Ouano, the daughter-in-law of Mandaue City Mayor Thadeo Ouano.

In his two page resolution, Arellano said he takes cognizance of the need to ensure that the administration of justice be free from any doubt on the impartiality of the public prosecutor tasked to conduct the preliminary investigation.

He added that although Dignos' doubt is subjective in character, it also could not be set aside as purely imaginary and speculative. "It is not necessary that the basis of the doubt actually exists. It is enough that given the factual parameters, it could probably arise."

The case stemmed from his alleged radio commentary that Cheryl and Ouano have a sexual relationship. Cheryl is the wife of Provincial Board Member Francis Ouano, the son of the mayor.

Arellano reiterated that although a public prosecutor is not a judge, it is his duty to strictly observe the "cold neutrality of an impartial judge" in view of his quasi-judicial function.

The regional prosecutor will issue a circular order to Mandaue City prosecutor Ferdinand Peque to turn over to his office all the documents pertaining to Dignos' case.

A three-man panel was created to take over the preliminary investigation of the case. Cebu City Assistant Prosecutor Llena Ipong will head the panel with assistant prosecutors Graeme Elmido and Alain Gallego as members.

Peque said he does not personally know Cheryl, which is contrary to Dignos' observation that he will rule in favor of the Ouanos.

For his past, Dignos welcomed Arellano's decision. "Dako akong pasalamat nga gi-grant ang akong Omnibus Motion."

Dignos said he welcomed the case because it is just part of his job, adding that he was even thankful that he has been charged rather than being assassinated.

"Pasalamat ko dinhi kay sa uban nga lugar way kasohay," said Dignos who vehemently denied maligning the Ouanos in his program.

He also clarified that he did not brag in his program that he was able to evade all his seven libel cases in Bukidnon as alleged by Gloria Dalawampu, the legal counsel for the Ouanos. - Vilma Andales