Broadcaster Faces Libel Charge Filed by Former Mayor

A Lapu-Lapu City Prosecutor has indicted a broadcast journalist in Cebu for allegedly maligning former Cebu City mayor and congressman Tomas Osmeña in his column published in a local daily.

Acting City Prosecutor Jesus Rodrigo Tagaan found probable cause to have Bobby Nalzaro face trial for libel.

“In sum, this office finds that the phrase ‘fabricated charges’ used by respondent against complainant is libelous and that there is prima facie evidence of the crime of libel under Article 353 of the Revised Penal Code. There is, therefore, probable cause to charge respondent for the crime of libel,” read the resolution.

Tagaan, though, dismissed the complaint for libel under the Cybercrime Prevention Act filed against Nalzaro for lack of probable cause.

Tagaan said that since Nalzaro did not use the Internet or “computer system” as his medium in making public his alleged libelous remarks against Osmeña, he is only liable for libel under the Revised Penal Code.

Osmeña filed a libel complaint and another for violation of Republic Act 10175, the Cybercrime Prevention Act, against Nalzaro for allegedly maligning his reputation in an article in Sun Star Cebu titled “Jonas’s Offensive Against Cebu City.”

“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 crossfire. An example is OIC city treasurer Diwa Cuevas. Tomas filed several administrative cases against her. Some of those cases were based on fabricated charges,” read the article.

Osmeña said the write-up “unjustly imputes” that he fabricated charges against Cuevas.

He claimed that the administrative charges he filed against Cuevas were based on the 2012 and 2013 audit reports of the Commission on Audit.

In his counter-affidavit, Nalzaro denied the allegations, saying he did not incriminate an innocent person or made any false testimony that would have dishonored Osmeña.

He said he has no malice in the use of the word “fabricated” or the phrase “fabricated charges,” adding that the statements used were based on the COA report.

Tagaan however, ruled otherwise, saying there was malice on the part of the popular broadcaster-columnist.

Nalzaro said facing a libel case is one of the hazards of the profession and that he would definitely file a motion for reconsideration (MR).

“It is one of the hazards of the profession; but it’s not the end of the fight. We will file an MR; if not granted, then we will file a petition for review before the Department of Justice,” he said. (PNA) LAP/EB/EDS