Tom’s libel case vs Bobby dismissed
The Regional Trial Court has dismissed the libel case filed by Mayor Tomas Osmeña against broadcast-columnist Pablito "Bobby" Nalzaro in 2015.
Osmeña finds Nalzaro’s column entitled "Jonas' Offensive Against Cebu City" offensive and libelous.
"Tomas is moving to sabotage Mike's administration. Unfortunately, because of his obsession to get back at Mike, many innocent people got caught in the political ceasefire. An example is OIC city treasurer Diwa Cuevas. Tomas filed several administrative cases against her. Some of those cases were based on fabricated charge," Nalzaro said in his column.
In his eight-page order, Judge Gilbert Moises found the article not libelous, citing the first and fourth elements were absent.
"The court resolves in the negative. For one to be made liable for libel, the following elements must exist: (1) the allegations of a discreditable act or condition concerning another; (2) publication of the charge; (3) identity of the person defamed; (4) existence of malice. Absent one of these elements, a case for libel will not prosper," stated the order.
Considering Osmeña is a public figure, Moises ruled it is irrefutable that he may be subjected to fair commentaries involving public interest or even criticisms.
"Being a public figure, the private complainant opens up himself to the risks of criticisms, to public ridicule even. 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," read the order.
"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. After all, in the very words of Justice Tinga dry facts, by themselves, are hardly stirring," the order further stated.
With the foregoing, Moises denied the motion filed by the private prosecutor to set Nalzaro for arraignment and granted the motion to withdraw the information filed by the acting city prosecutor of the City of Cebu Jesus Rodrigo Taga-an.
"I know from the start that it was pure harassment to silence me. But truth prevailed," Nalzaro told The FREEMAN.
Manto/MBG