Actress, manager seek reinvestigation of case

CEBU, Philippines - Claiming they were not afforded due process, ABS-CBN Star Magic road manager Danilyn Nunga is seeking for a reinvestigation into the libel case filed against her and actress Neri Naig-Miranda before the Regional Trial Court in Cebu City.

In her omnibus motion to reinvestigate, defer proceedings and defer the issuance of warrant of arrest, Nunga, through lawyer Rex Tadena, asked Regional Trial Court Judge Ricky Jones Macabaya to grant her motion.

“In view of all the foregoing, accused Nunga likewise respectfully moves for the deferment of further proceedings in this case, as well as, the issuance of a warrant of arrest for the accused until after she has availed of all administrative remedies available in accordance with the rules,” read the document.

Nunga and Naig were charged for allegedly accusing Clarence Taguiam and his friend Donna Marie Go in their respective social media accounts as bogus sellers of a GoPro Hero3 Action Camera.

Taguiam, a resident of Cebu City, said that on April 30, Nunga posted a photo of him and Go, tagging them as “bogus, fictitious and fraudulent” sellers of the camera.

Nunga said that she has fully paid for the camera but failed to get it from the sellers.

In his complaint, Taguiam denied selling the camera.

Through his counsel, Taguiam sent a letter to Miranda and Nunga asking them to remove their alleged defamatory posts and issue a public apology.

Miranda removed her post but it took Nunga reportedly some time to do the same.

Cebu City Assistant Prosecutor Ruso Zaragoza directed Miranda and Nunga to file their respective counter-affidavits but failed. Thus, he resolved the complaint based on the evidence of Taguiam.

Zaragoza found probable cause to charge Nunga and Miranda before the court.

Nunga, in her motion, alleged she did not receive any subpoena directing her to answer the allegation filed against her.

“Accused Nunga, however, never received any subpoena. Being a talent manager, she seldom stays in the office and is almost always out on field. Again, she was only apprised of the pendency of this case through a friend who happened to read a news article in a Cebu Daily,” the omnibus motion read.

Hence, she is seeking for reinvestigation to allow her to answer the allegations filed against her. She claims they were not afforded due process during the conduct of preliminary investigation.

Nunga claims they “have good and valid defenses” and no criminal intent in their online posts since their “sole intent… was merely to reach the persons who at that time she perceived to be the real Clarence Taguiam and Donna Marie Go from whom she purchased online the Go Pro camera.”

“The lack of criminal intent could not be any clearer considering that after she remitted her payment to the person with whom she only met and transacted online by the name Donna Marie Rowee Jean Go – an exact similarity with the name of private complainant’s girlfriend, she did not receive the item she purchased and later on, no longer received any communication on her purchase from this person,” the omnibus motion read. — Mylen Manto/ATO (FREEMAN)