CEBU, Philippines – The Regional Trial Court has acquitted a man charged with libel by an official of the Department of Education whom the accused claimed he had sexual relations with.
In his decision, RTC Branch 21 Judge Eric Menchavez said Toledo City Assistant Schools Division Superintendent Fernando Po failed to establish that there was malice in the statement of Ariel Ipili, 23, who was a defense witness in the case filed by Po against Toledo City Schools Division Superintendent Jose Cabantan.
Menchavez said it was not Ipili's intention to defame Po but to present that the latter is not morally fit to serve as official of DepEd.
Po has filed separate complaints for libel before the Cebu City Prosecutor's Office against Ipili and Rene Artuyo, who both served as witnesses for Cabantan.
However, the city prosecutor had dismissed the complaint against Artuyo due to lack of merit but the case against Ipili was elevated to the court
Po has filed an administrative complaint before the Visayas Ombudsman against Cabanatan for "dishonoring" and "discrediting" him.
Cabanatan, in his statements nine years past, said that Po, who was temporarily lodging in the office of DepEd renting a boarding house in front of the DepEd, had told him several times to go to where he stayed to have a sexual intercourse with him.
Cabanatan also stated that he made those statements in order to confirm that Po is a homosexual who used him many times.
On the other hand, four years ago, Ipili entered the plea of not guilty during his arraignment at the sala of Judge Menchavez.In his affidavit as witness for Cabantan, Ipili said that he knew Po because he had sexual intercourse with him many times.
"My purpose in executing an affidavit will be used by Cabanatan in order to removed Dr. Po from service because it will destroy even if he will pay for his foolishness and I don't want that another will be victimized by Dr. Po," Ipili said in his affidavit.
The court said that the testimony of Ipili during the hearing was spontaneous, clear and straightforward showing that he was telling the truth. (THE FREEMAN)