In a nine-page resolution, Ferdinand Dalpig, assistant regional state prosecutor, endorsed to the Deputy Ombudsman for Luzon the libel complaint against Mike Jubay, provincial planning and development officer, who was also ordered to post bail amounting to P10,000 for his provisional liberty.
Jubay’s trouble stemmed from a theft complaint filed last April at the Ombudsman against him and several other provincial chief executives by board member Patricio Dumlao Jr. in connection with the alleged questionable appropriation of additional cash bonuses.
Jubay, who dismissed the theft case as baseless, filed a complaint-letter at the provincial board, seeking an appropriate sanction against Dumlao for his ‘alleged unethical and dishonorable acts’ as well as irresponsible statement over the said theft case.
Aside from Jubay, other respondents in the theft case, which is now pending at the Ombudsman, includes Perfecto Martinez, provincial treasurer; Thomas Garra, provincial general services officer; Jose Naui, provincial engineer; Virgilio Mapalad, auditor; Ma. Carla Torralba, human resources and management officer; Alejandra Dacumos, provincial budget officer; and Dominador Dacumos, provincial accountant.
"Jubay’s letter also described Dumlao as "three-time Bar flanker and guilty of robbery" as well as ‘childish and immune to lies,’ which were obviously referring to the board member’s failure to pass the Bar examination and for ‘robbing’ the ‘title’ as senior board member — a title, which Jubay claimed has yet to be settled between Dumlao and another board member.
Jubay’s ‘offensive’ statements prompted Dumlao to file the libel case, which the regional prosecutor’s office endorsed to the Ombudsman.
"We entertain a well-grounded belief that the crime charged has been committed and the respondent (Jubay) is probably guilty thereof and should be held for trial," Dalpig said in his resolution dated Aug. 15, copy of which was obtained by The STAR yesterday.
The resolution also states that "Considering that the respondent is a high-ranking official of the province let the whole records be transmitted to the Office of the Deputy Ombudsman for Luzon for review and approval."
Dalpig dismissed Jubay’s defense, claiming that his letter to the provincial board falls under ‘conditional privileged communication’ and therefore "the accusation for libel is without basis."
Jubay further argued that the phrases he made in his letter should be considered as mere epithets which are a form of non-actionable opinion, because while they may express the respondent’s strong emotional feelings of dislike, they do not mean to reflect adversely on complainant’s reputation.
Dalpig, however, dismissed Jubay’s argument, stating that the "attack upon the private character of the public officer in matters which are not related to the discharge of their official functions may constitute libel." — Charlie Lagasca