Mindanao journalist seeks dismissal of libel case

MANILA, Philippines—A Mindanao-based journalist sought the dismissal of a libel case filed against him by the alleged friend of boxing champion Manny Pacquiao.

In his 13-page counter-affidavit, Edwin Espejo, contributor for MindaNews and Asian Correspondent, said “it is therefore, imperative upon the fiscal or the judge as the case may be, to relieve the accused from the pain of going through a trial once it is ascertained that the evidence is insufficient to sustain a prima facie case or that no probable cause exists to form a sufficient belief as to the guilt of the accused.”

Espejo is facing an P18-million libel suit filed by Mohammad Aquia, former head of the Presidential Anti-Smuggling Group in Central Mindanao.

In his article, Espejo allegedly cited Aquia as being accused of running a carjacking syndicate who sought refuge in Pacquiao’s house in General Santos to evade arrest. The article was published online.

In his counter-affidavit, Espejo said libel could not be committed using an Internet, pointing that under Article 353 the definition of libel “did not comprehend the rise of the interface of advanced telecommunications technologies with the internet.”

He said such deficiency is recognized by Congress, thus Senator Manuel Villar, on January 18, 2011 filed a bill penalizing Internet libel.

Espejo added that there was no malice when he wrote the article, saying that Aquia is a public figure whom he does not know personally.

Espejo, through his counsel Romel Bagares, director of the Center for International Law Philippines,  added that a United Nations Committee on Human Rights report stated that criminal libel in the Philippines is contrary to the country’s obligations under Article 19 of the International Covenant on Civil and Political Rights.

At the same time, Bagares said they have yet to receive summons from the Office of the Prosecutor in General Santos about the alleged P75-million libel suit filed by Pacquiao against Espejo.

“Our information is that Rep. Pacquiao filed his complaint together with Mr. Aquia,” said Bagares.  “In any case we reiterate our earlier call on Rep. Pacquaio to take this opportunity to work with journalists in pressing for the decriminalization of libel in the country.”

“This is an opportune moment for Rep. Pacquiao to show solidarity with Filipino journalists,” he said.