CEBU, Philippines - The libel charges filed by lawyer Augusto Go, whose family owns the University of Cebu, against his niece Elizabeth Locke Gotianuy, has already been forwarded and upgraded into a formal criminal case before the Regional Trial Court after the Department of Justice has reversed and set aside the decision of the city prosecutors office in dismissing the case.
DOJ Undersecretary Ernesto Pineda, in a resolution, said that they have carefully examined the records of the case and found that there is probable cause to hold Gotianuy for libel.
“It is undisputed that the respondent made libelous statements aired on radio accusing complainant of discreditable acts of allegedly stealing the ownership of the UC from her father and that the properties claimed by complainant and his siblings as their inheritance actually belongs to her; of influencing the judiciary here that no lawyer from Cebu City would dare go up against Go; and of being the very author of a poison letter against himself entitled ‘Treachery beyond doubt’,” Pineda said.
“Every defamatory imputation is presumed to be malice even if it be true, if no good intention and justifiable motive for making it is shown,” Pineda said.
“Prescinding from this provision, when the imputation is defamatory, the complainant need not prove malice on the part of the respondent for the law already presumes that the respondent’s imputation is malicious,” the resolution read.
To recall, city prosecutor Nicolas Sellon after a preliminary investigation issued the resolution dismissing the complaint and also denying the motion for reconsideration filed by Go; hence, Go filed a petition for review before the Justice department.
At the crux of the incident is control and ownership of the properties and other business assets of Jose Gotianuy, Go’s elder brother and Elizabeth’s father, who died on August 21, 1998. — Jasmin R. Uy/MEEV (FREEMAN NEWS)