A POLICE official and three journalists, including two from Cebu Daily News, were cleared of libel charges filed by an anti-crime volunteer over the weekend.
In a resolution, Asst. City Prosecutor Mario Ley Gidayawan said there was no probable cause to indict Chief Insp. Bonifacio Garciano, news correspondents Chito Aragon and Patricia Andrea Pateña and Cebu Daily News publisher Eileen Mangubat on libel charges.
The complaint was filed by Rafael Enriquez, a member of the “Trackers” group who was among those linked to the death of robbery suspect Joven Tejano last July.
Enriquez was named by Garciano as a suspect in a CDN report last July 12.
The “Trackers” is a group of police assets used to search for theft and robbery suspects, man checkpoints and conduct patrols.
Garciano is the head of the Investigation and Detective Management Branch (IDMB) of the Cebu City Police Office.
“There is no conclusive showing that the publication of the news item was done with malice… There were no comments or remarks made against the complainant but a true account of a newsworthy event,” Gidayawan said.
Gidayawan said there is no evidence that the police official caused the publication of the news item.
In his complaint, Enriquez said his name was not mentioned in the complaint later filed by the victim’s sister.
He also complained about a July 15 Cebu Daily News report entitled “Ex-army soldier faces raps for suspect’s death” where he was identified by Garciano as one of the Trackers members who executed an affidavit against Pedro Pianar Jr..
Pianar was identified as the primary suspect in the mauling incident.
Enriquez said he never identified Pianar as the person who mauled Tejano.
But Prosecutor Gidayawan said the identification of Pianar as the suspect cleared Enriquez of any involvement in Tejano’s death.
“There is no denying that the questioned news item dealt with a matter of public interest which the public has the right to be informed,” said Gidayawan whose resolution was approved by Cebu City Prosecutor Nicolas Sellon.
Enriquez can still contest the ruling by filing a motion for reconsideration within 15 days from receipt of the resolution.
He is a member of the Trackers who arrested Tejano after the suspect allegedlly ransacked a house.
Tejano was brought to the Fuente police station where he was interrogated.
He was found unconscious in his cell hours later. He died shortly after in a hospital.
An autopsy showed he had severe injuries, including broken ribs, and signs of physical trauma all over his body.
Insp. Michael Anthony Bastes, then Fuente Police Station chief, was relieved from his post.
The Trackers group were also disbanded. Bastes and seven other Fuente policemen are facing admnistrative charges over the incident.
Bastes was reassigned in Mandaue City Police Office as chief for operations.
He told Cebu Daily News that he asked for a transfer since the Mandaue city police office is near his child who is studying in Cebu Doctors University.
Bastes temporarily replaced Supt. James Goforth, who’s undergoing training in the Regional Public Safety Management Battalion. Ador Vincent Mayol and Jucell Marie P. Cuyos, Reporters