CEBU, Philippines - Cebu City Mayor Tomas Osmeña was pleased by the decision of the Regional State Prosecutor to transfer back to the Cebu City Prosecutor’s Office the task to handle the libel suit filed by the city government against businessman Jonathan Guardo who accused them of barring his supporters from distributing relief goods to fire victims in Barangay Calamba.
“If the regional prosecutor had acceded to this, that means the city fiscal should be inutile already. And all the charges filed to city under the city fiscal’s office should be transferred to the regional prosecutor’s office,” Osmeña sad.
He said that had the regional prosecutor accepted the case, it will be a precedent to all those sued by the city either for illegal business permits, illegal construction and all other violations to the policy of the city.
Earlier, Guardo urged the city prosecutor to inhibit from the libel case filed against him by the city government as he believes they will be biased because they are receiving allowances from the city government.
“Whatever the city files is through the city fiscal’s office. And so if Guardo has gotten away with that, then all of the others can also claim the same thing. We are going to waste our time filing case to the city fiscal since all the accused can claim bias because the city prosecutor is getting allowance from the city,” Osmeña said.
“Second point, the prosecutor is not supposedly neutral, he’s supposed to represent the complainant, he’s not the judge. And this is the first time in my life I have ever heard of a situation the accused wants to have a say on who the prosecutor should be,” he said.
He said he was disappointed with the city fiscal for even giving it consideration. He said the city government is the complainant so the city fiscal is supposed to represent the city.
The Regional State Prosecutor on Wednesday denied city prosecutor Nicolas Sellon’s request to inhibit public prosecutors from handling the libel case filed against Guardo and two other Sun Star Cebu journalists. — Jessica Ann R. Pareja/BRP (THE FREEMAN)