Lapu-Lapu fiscal to handle libel plaint vs Nalzaro

CEBU, Philippines - Regional State Prosecutor Fernando Gubalane has tasked Lapu-Lapu City Deputy Prosecutor Jesus Rodrigo Tagaan to resolve the complaint for libel filed by former congressman Tomas Osmeña against broadcast journalist Pablito “Bobby” Nalzaro.

Nalzaro earlier asked Gubalane to designate a prosecutor to resolve the complaint after State Prosecutors Gandhi Truya and Maria Theresa Casiño refused to inhibit from handling the preliminary investigation into the complaint, which was approved by Officer-in-charge (OIC) City Prosecutor Maria Luisa Ratilla.

“The motion was brought about because of the knowledge of respondent about circumstances that may affect their (Truya and Casiño) impartiality in conducting the investigation of this case,” read Nalzaro’s motion.

In suing Nalzaro, Osmeña alleged that the well-known radio and broadcast personality maligned him in his column published in one of the local dailies on October 25, 2014.

“Tomas is moving to sabotage Mike’s administration. Unfortunately, because of his obsession to get back at Mike, many innocent people got caught in the political crossfire. An example is OIC city treasurer Diwa Cuevas. Tomas filed several administrative cases against her. Some of those cases were based on fabricated charges,” read a portion of the column.

Nalzaro, however, denied maligning Osmeña.

He said there was no malice in him using the phrase “fabricated charges” and that he has no ill feelings towards the complainant.

“There was no malice in my use of the word ‘fabricated’ or the phrase ‘fabricated charges’ because this description was merely based on the COA Report which did not specifically implicate Cuevas. I could have used a synonym of the word fabricated and it will still mean the same, and there is still no malice,” he stated.

Nalzaro, through his lawyers Joan Baron and Lovely Myrrh Parado, 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.

As for Truya, he cited an old conflict between him and the prosecutor’s father Crispulo, who was suspended for one year allegedly after Nalzaro called then justice secretary Franklin Drilon on the older Truya, who was then the Cebu provincial prosecutor, allegedly extorting money from a detainee around 20 years ago.

Casiño, refused to inhibit from handling the case, arguing that her “perceived biases” that Nalzaro cited were “merely speculative and unfounded”.

Truya, on the other hand, likely stood pat on continuing to handle the preliminary investigation, saying his job is merely to see if the allegations of facts fall within the element of the offense charged and if there is probable cause to incident the broadcaster.

In a text message to The FREEMAN, Nalzaro said he just followed the legal process after two out of the three prosecutors refused to inhibit from handling the complaint.

Nalzaro said he hoped he would get a fair resolution of the complaint 

Nalzaro hoped that he can get a fair resolution of the case with Tagaan handling the preliminary investigation.  (FREEMAN)