City prosecutor’s office denies move to inhibit
The Cebu City Prosecutor’s Office has denied the request of broadcast journalist Pablito “Bobby” Nalzaro to voluntarily inhibit from handling the cyber-libel case filed against him.
Ramon Miguel Osmeña, son of Cebu City Mayor Tomas Osmeña, earlier sued Nalzaro over his column published in a local newspaper last September entitled “Projecting a Propoor Image” and “Mikakak man diay.”
Osmeña alleged both columns implied that he was involved in an illegal business, specifically a butane canister refilling business.
City Prosecutor Liceria Lofranco-Rabillas ordered the investigating prosecutor to continue with the preliminary investigation for violation of Section 4 of Republic Act 10175 or the Cybercrime Prevention Act in relation to Article 355 (libel) of the Revised Penal Code until its termination.
“Considering that the allegations as stated in motion for voluntary inhibition of this office not being a ground for inhibition as provided for under Part IV.II.B. of the Revised Manual for Prosecutors, the same is hereby denied,” the order read.
Rabillas gave Nalzaro additional 15 days from receipt of the order to submit his counter-affidavit.
Nalzaro, through his lawyer Joan Baron, earlier asked the entire office of the Cebu City Prosecutor to inhibit from handling the complaint to avoid any conflict of interest and biases.
“…possible bias and prejudice against my client because the Cebu City Prosecutor’s Office receives monthly allowance from the City Government. Since complainant is the son of Mayor Tom and of councilor Margot, we would like to give Cebu City Prosecutor’s Office the opportunity to avoid being caught in a conflict of interest because of debt of gratitude,” Baron said.
Osmeña, in his complaint strongly denied being part owner of the alleged illegal business. He said the column of Nalzaro ruined his reputation.
“I have been striving to keep my name untarnished for the past 30 years. As a private citizen, I believe it is my right not to be maligned in public by media personalities like Bobby Nalzaro,” the complaint read. — Mylen P.