Fiscals refuse to inhibit from Nalzaro libel case

CEBU, Philippines - The two Cebu City prosecutors who are handling the libel case against journalist and broadcaster Bobby Nalzaro thumbed down his motion that they inhibit from his case.

Prosecutor Maria Theresa Calibugan-Casiño, in her comment to Nalzaro’s motion, said the broadcaster’s “perceived biases” about her are “merely speculative and unfounded”.

“Respondent should take note that the Revised Manual of Prosecutors does not even have a listing of the grounds for inhibitions of investigating prosecutors. Evidently, the grounds presented by respondent apply only to judges in the performance of their judicial functions and not to prosecutors acting as a quasi-judicial officer in the conduct of a preliminary or inquest proceedings,” Casiño’s answer read.

Nalzaro, through his lawyers Joan Baron and Lovely Myrrh Parado, last week appealed that Casiño inhibit herself from handling the complaint saying she received financial favors from complainant, former Cebu City Mayor Tomas Osmeña, when she was hospitalized on January 22, 2013.

But Casiño denied this saying she has no dealings with either Nalzaro or Osmeña, and that if ever she met any of them it was only during social or professional functions. Besides, she added that the complaint will also be deliberated and voted on by a panel of three individuals.

Last December Osmeña charged Nalzaro for two libel complaints after he reportedly maligned him in his columns published in a local daily.

The former mayor accused the columnist of insinuating that he fabricated the charges against Cebu City treasurer Diwa Cuevas.

Casiño added that “all sectors in the society had contributed a great deal” in ensuring that she got the best medical care for her treatment after her shooting last January 2013.

For his part, prosecutor Gandhi Truya, who was also asked by Nalzaro to inhibit citing that old conflict the broadcaster had with the prosecutor’s father, former provincial prosecutor Crispulo Truya, said that the ground cited by the respondent is “apprehension, conjectures and paranoia.”

“It should be stressed that this case went through several prosecutors before it was finally assigned to me and there was never any interest on my part to handle the case. I am therefore duty bound to perform my duty as one of the investigating prosecutors unless my chief, the city prosecutor, will relieve me from handling this assignment,” Truya said in a separate comment.  — Liv G. Campo/BRP (FREEMAN)