Mancio’s libel case against council members dismissed

The Cebu Provincial Prosecutor’s Office has dismissed, for lack of evidence, the libel case that Madridejos former mayor Letty Mancio filed against her vice mayor and eight councilors.

The respondents were then vice mayor Virgilio Atienza, and councilors Delfin Santillan, Emelita Gabito, Randolph Rivera, Riclien Asentista, Isaias Bacolod, Reynaldo Monsanto, Bernabe Compra, Sr. and Ewen Daruca.

Provincial prosecutor Pepita Jane Petralba approved the dismissal of the case, as recommended by assistant provincial prosecutor Jasmin Despi who declared that there was no malice on the part of the respondents so there was not enough evidence to indict them.

In resolving the case, Despi said that for a person to be held liable for libel, malice must be established as provided for under Article 354 of the Revised Penal Code.

“Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown,” the law states.

The libel case against the town council officials came after The Freeman reported that the officials themselves already filed at the Ombudsman-Visayas a graft and corruption case against Mancio.

 Mancio used the published report as her basis in suing them with libel, contending that they have made false accusations that put her in public ridicule and contempt.

Despi however said that the basis of the publication, which was attributed to the respondents being the complainants in case against Mancio, was among the exemptions of libel.

There is no libel from “A private communication (by any person to another) in the performance of …duty and a fair and true report (made in good faith, without any comments or remarks), of any judicial, legislative or other official proceedings (which are not confidential),” Despi cited the law.

Noting her 11-year experience as prosecutor, Despi said she has been aware that reporters—print or broadcast—always get copies then report newly filed cases, which are of public interest.

Despi said that Atienza and the councilors could not be held for libel by filing the graft complaint in the Ombudsman. — Fred P. Languido/RAE