MANILA, Philippines — The Department of Justice (DOJ) has recommended the filing of libel charges against the chairman of transport group Manibela Mar Valbuena due to his remarks against Transportation Secretary Jaime Bautista.
In a 17-page resolution dated Feb. 22, 2024, Valbuena was formally charged with libel under the Revised Penal Code (RPC), alongside charges under the Cybercrime Prevention Act.
The remarks pertain to the alleged involvement of Bautista in a corruption controversy within the Land Transportation Franchising and Regulatory Board (LTFRB).
Valbuena's comments were made in response to allegations from Jun Tumbado, an LTFRB executive assistant, who claimed that regional directors were assigned monthly quotas of P2 million each to deliver to Malacañang and two other lawmakers.
However, Tumbado later withdrew his accusations.
In indicting Valbuena, the DOJ said that his statements claiming that bribe money for the public utility vehicles modernization (PUVMP) program reaches Bautista and Malacañang qualifies as libel as it gives malicious imputation of a criminal act.
Valbuena’s statement was aired on television, social media and video sharing platform YouTube, which makes the case qualified under the Cybercrime Prevention Act.
The resolution also pointed out Valbuena's separate Facebook live video where he stated the same remarks, demonstrating an intention to "mock, malign, and injure the reputation, credit, and virtue" of Bautista with the aim of exposing him to public hatred, discredit, contempt, and ridicule, according to the DOJ.
Bautista also filed charges of grave threats under the Revised Penal Code against Valbuena, citing a Facebook live video where Valbuena mentioned Bautista being threatened with being run over by jeepneys.
However, the grave threat raps filed against the Manibela chief were dismissed as his statements against Bautista was more of a query more than a threat, according to the Justice department.
In response to the complaint of Bautista, Valbuena said that his remarks were “a genuine expression of opinion” and a “protected speech” as it was against a public figure and officer which, therefore, not made with actual malice.
But the DOJ said privilege communication is a “matter of defense” and must be proven with a “full-blown trial”
“The issues upon which the charges are built pertain to factual matters that cannot be threshed out conclusively during the preliminary stage of the case,” the resolution read.
Valbuena is the chairman of one of the transport groups opposing the government’s PUVMP.
Piston, one of the transport groups who opposes the program, which is supported by Manibela, recently filed a petition for temporary restraining order against the PUVMP after President Ferdinand Marcos Jr. announced that there will be no more extensions for the franchise consolidation deadline.
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