DOJ junks Rama’s appeal to review libel case vs. Tom

Due to technicality, the Department of Justice (DOJ) has dismissed the petition for review filed by former Cebu City mayor Michael Rama in his complaint against political nemesis Mayor Tomas Osmeña.

Rama appealed his complaints against Osmeña for five counts of libel in relation to Cybercrime Law and two counts of slander or grave oral defamation before the DOJ after the Office of the Cebu City Prosecutor dismissed the same for lack of evidence.

The case, which was filed in 2016, stemmed from Osmeña's insinuations on his Facebook posts, media interviews and press briefings claiming that Rama has a serious drug problem and that Rama is also a coddler of groups suspected of being involved in illegal drug activities.

Osmeña also said that Rama received P200,000 a week from slain drug lord Jeffrey "Jaguar" Diaz.

Rama had vehemently denied those allegations.

Justice Undersecretary Raymund Mecate, in his four-page penned resolution, dismissed Rama's petition, which questioned the findings of the prosecutor's office, for his failure to comply with requirements on appeal.

"Section 12(b) of Department Circular No. 70 dated July 3, 2000, otherwise known as the 2000 NPS Rule on Apeal, provides that the Secretary of Justice may motu propio or upon motion, dismiss a petition for review if the procedure or any of the requirements therein has not been complied with," the resolution reads.

Rama allegedly failed to comply with at least three requirements, such as no legible duplicate original or certified true copy of the resolution appealed from; no copy of respondent's counter-affidavit and its attachment submitted during preliminary investigation; and no copy of the respondent's comment dated 18 January 2017.

Since appeal is merely a statutory privilege, Mecate said, the person seeking for an appeal is required to comply with the requirements.

Failing to do so, Mecate said the person's right to appeal is lost.

"Strict compliance with the Rules of Court is indispensable for the orderly and speedy disposition of justice. The rules must be followed, otherwise they will become meaningless and useless," the decision further reads. -

Mylen P. Manto/KBQ