City prosecutor raises to court libel case between two doctors

The Office of the City Prosecutor has denied the defense motion for reconsideration and elevated to court a libel case that a doctor filed against another doctor.

Prosecutor Jose Nathaniel Andal said he found no reason to overturn the earlier resolution of prosecutor Lineth Lapinid who deemed there was prima facie evidence on the libel case filed by Dr. Valeriano Hortelano III against Dr. Warfe Engracia.

Hortelano alleged that, on February 2006, Engracia committed libel by crossing out his name from the list of Sacred Heart Hospital personnel that was posted at the control room of the CT-Scan Section with the notes, "not qualified" and "no fellowship."

Hortelano argued that the list is for everyone to read so Engracia's alleged action had "maliciously and publicly accused" him as a medical practitioner "without the necessary competence to discharge my duties, which is immensely damaging."

Prosecutor Lapinid issued a resolution endorsing the filing of the libel case in court but Engracia moved for its reversal contending that his action was a "mere expression of opinion founded on honest belief and anchored on logical and legal grounds."

Engracia argued that the case "does not involve defamation at all" and instead a "qualification to a position anchored on the honest belief that (Hortelano) is not qualified under the Criteria for Accreditation of Residency Training in Radiology issued by the Philippine College of Radiology."

In junking Engracia's motion for reconsideration, Andal said Engracia's arguments were merely "reiterated defenses" even if these were "reinforced with new documentary evidences." -Joeberth M. Ocao/RAE