Court junks Osmeña’s libel case vs. Nalzaro

Regional Trial Court Judge Gilbert Moises has junked the libel case filed by Cebu City Mayor Tomas Osmeña against broadcast journalist Pablito “Bobby” Nalzaro in 2014.

In his eight-page order, Moises granted Nalzaro’s manifestation to withdraw the charge information after the Department of Justice junked the libel case against the broadcaster.

Since Osmeña is a public figure, Moises held that it is inevitable that he may be subjected to “commentaries involving public interest or even criticisms.”

“Being a public figure, the complainant opens up himself to the risks of criticisms, to public ridicule even,” Moises said in his order. “The commentaries may be unfair and inaccurate but for as long as they stay within the realm of protected speech or publication as in this case, the same could not be considered as libel.”

Nalzaro was elated over the dismissal of the case.

“From the start, I know it was pure harassment just to silence me. The truth prevailed. Thank you, Lord,” he said.

The case stemmed from the complaint filed on Dec. 14, 2014 by Osmeña who alleged that Nalzaro besmirched his reputation when the broadcaster accused him of fabricating charges when he filed multiple administrative complaints against then Cebu City treasurer Diwa Cuevas before the Civil Service Commission.

Nalzaro, a SunStar Cebu and Superbalita Cebu columnist, denied he maligned Osmeña. He argued that his column was written solely in response to his “journalistic duty.”

Nalzaro pointed out that he used the phrase “fabricated charges” in his column after he read the Commission on Audit report, which he said would show that Cuevas could not be criminally or administratively held liable for the city’s fiscal management.

In his five-page resolution, Prosecutor Jesus Rodrigo Taga-an found evidence to charge Nalzaro with libel for alleged violation of Article 353 of the Revised Penal Code.

Taga-an said the broadcaster alleged in his column, which saw print in October last year, that some of the cases that Osmeña filed against Cuevas were based on “fabricated charges.”

In the resolution dated Sept. 2, former justice secretary Vitaliano Aguirre II granted Nalzaro’s petition for review and reversed the prosecutor’s resolution.

Nalzaro’s lawyers later filed a manifestation urging Moises to admit the resolution issued by the Department of Justice.

In granting Nalzaro’s motion, Moises ruled that Nalzaro’s commentary has basis such as the complaints against Diwa. /

The accused is known to be a hard punching columnist, and it is no surprise that he chooses words these strong in order to perk up the interest of his readers. JUDGE GILBERT MOSES