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By Joey Aguilar, Correspondent
ANGELES CITY: The Department of
Justice has ordered the city prosecutor to reverse its earlier
decision that convicted Sunstar Pampanga senior reporter Dante
Fabian in the libel charges that Rep. Francis “Blueboy” Nepomuceno
filed against the former. The lawmaker alleged that three news
stories that were published in the paper tended to discredit and
malign his “untainted reputation.”
His counsel Atty. Angelo
“Pingoy” Lopez said he “was very confident that Fabian would
be acquitted since there was no malice in writing the three news
stories.”
Justice Sec. Raul Gonzales has
ordered the City Prosecutor’s Office to withdraw all three counts
of libel against Fabian.
“In the case at hand we find no
malice solely from respondents’ assailed commentaries. On the
contrary, we view the same as mere “rhetorical hyperboles”
common to journalists like respondent. They are merely lusty and
imaginative expressions of opinions usually done in exaggerative
manner without attendant malice or bad faith,” Gonzales’ order
stated.
It added, “By at large, we find
no probable cause so as to warrant indictment against respondent for
libel.”
All three articles entitled:
“P19M DPWH water pipes fray remains unresolved”; “Tarzan to
Blueboy’s top man: Explain missing P12 M pipes; and “Blueboy’s
silence on missing P12 M water pipes irks folks” do not show any
discreditable act or condition against Nepomuceno according to the
DOJ.
On the other hand, Nepomuceno
in his complaint alleged that people were made to believe that the
water pipes bought from his Priority Development Assistance Fund (PDAF)
were not distributed to the recipients (barangay captains).
Fabian however explained that the
stories focused on the “mysterious disappearance of the pipes
bought using Nepomuceno’s “pork barrel” or PDAF. He said the
element of ‘existence of malice’ does not exist and thus the
articles were considered as privileged communication under article
354 of the Revised Penal Code. “They being fair and true reports
published in good faith.”
The controversy escalated after
Mayor Carmelo Lazatin had asked the Ombudsman to investigate the
alleged anomalies on the missing P19 million worth of water pipes
funded by Nepomuceno’s PDAF.
The Ombudsman however terminated
the investigation after the DPWH submitted delivery receipts.
Barangay captains who are recipients of the pipes alleged that they
have not received the water pipes giving Lazatin reason to continue
the investigations
However, various media
organizations that include the National Union of Journalists in the
Philippines Pampanga Chapter, Pampanga Press Club, Angles City Press
and Radio Club, and the Society of Pampanga Columnists earlier
condemned and described the charges against Fabian as
“harassment” and curtailing of press freedom.
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