Nani’s libel rap vs Willie junked

The Department of Justice (DOJ) has dismissed the libel complaint filed by former justice secretary Hernando Perez against Bulacan Rep. Wilfrido Villarama.

Villarama said Perez accepted a $2 million bribe in exchange for a favorable legal opinion allowing Argentine power firm Industrias Metalurgicas Pescarmona Sociedad Anonima (Impsa) to operate a power plant in Laguna.

In a resolution signed by Justice Secretary Simeon Datumanong, the DOJ reversed and shelved a resolution of the Manila Prosecutor’s Office and ordered it to withdraw the information it filed against Villarama before the Manila Regional Trial Court Branch 8.

The DOJ said there was no evidence of malice on Villarama’s part and Perez presented no proof of malice, one of the four elements of libel.

The DOJ resolution also said Villarama made his statements in the performance of his duties as a legislator, as well as in the exercise of his freedom of speech.

"There is no reason to doubt that (Villarama) had good intentions and justifiable motives in making the statements alleged to be defamatory," the DOJ said.

According to the DOJ resolution, it was Perez who dared Villarama to name names and Villarama replied to Perez’s dare by sending a letter on the matter to Presidential Anti-Graft Commission Chairman Dario Rama dated Nov. 18, 2002.

In his letter to Rama, Villarama said that "based on unverified information coming from reliable sources, who I believe may either have intimate knowledge of or have connection with the subject (of) bribery is Secretary Hernando Perez."

In his complaint filed on Nov. 20, 2002, Perez alleged that Villarama caused the publication of "false, injurious and defamatory," statements against him to expose him to "public hatred, contempt and ridicule."

After Villarama made his disclosure, then Manila Rep. Mark Jimenez, who has since been extradited to face criminal cases in the United States, came out and said he gave money to Perez in connection with the multibillion-dollar government contract with Impsa. The Impsa contract was signed just days after the Arroyo administration took over the operations of government.

Datumanong said Villarama’s statement that Perez "may either have knowledge of, or have connection with the subject bribery" is not defamatory.

He said it only provides one element of libel, which is the identification of the person spoken of by Villarama.

"Men in public life may suffer under a hostile and unjust accusation: The wound can be assuaged with the balm of a clear conscience," Datumanong said.