The torrid exchange of harsh rhetoric in radio interviews, press releases in print, and in whispers has escalated into an open warfare in the prosecution pillar of the criminal justice system arising from the mess created by the non-disclosure of the financial statement of the Sangguniang Kabataan national federation. The latest complaint stemming from the SB fund anomaly was libel where the Post publisher and Ferdinand Manuel De Erio, suspended lifestyle editor of the paper, were the accused. The libel was an apparent retaliation to a case earlier filed by de Erio against Jane Censoria Cajes, national SK federation president, before the Office of the Ombudsman in Manila. With the two protagonists now sporting a break even score in terms of cases filed with each other, what is being waited is the outcome of both charges in their venues of preliminary investigations.

For Guingguing, it came as no surprise since he had been the recipient of many libel cases in the past. He even earned the moniker of being the best-dressed media man on account of the many libel suits he had been facing since the inception of the Bohol Sunday Post in 1986. In fact, he is the only media man of note whose case went up all the way to the Supreme Court spanning all of 14 years. Fortunately for him, even if he was convicted in the lower courts including the Court of Appeals, the same was thrown out in a landmark decision by the High Court in 2008. The decision has become a landmark jurisprudence in the history of libel that after all “ truth is a defense in libel”.

THE LIBEL CASE

Cajes filed libel charges against De Erio and Sunday Post Publisher Ciriaco “BG” Guingguing before the Office of the Provincial Prosecution. The complaint stemmed from a Lifestyle article written by de Erio entitled “BABA YAP & JANE CAJES: WHAT'S THE REAL STORY?” on the September 26, 2010 issue of Sunday Post. Cajes said the article “ for whatever its avowed purpose may be, is clearly aimed at scurrilously attacking my person in a very personal level and was done only for the purpose of exposing me to public contempt .” She said the article is supposed to direct on her alleged romantic involvement and relationship with Baba Yap but instead of doing so, “ about half of the entire article was focused on and subtitled as “Jane Controversies .”

She added that de Erio called her as “ so far the only SK national federation president wrapped with many anomalies and negative issues” which she said, is “a clear malicious imputation on my person in order to dishonor and discredit me publicly .” When de Erio posed this question on his article, will his relationship with Jane who is wrapped with anomalies taint his image?,” Cajes said “ the posing of such question implies an intention to do ulterior and unjustifiable harm on my person .” She said the “ falsity and malice involved in his libelous articles (sic) is further bolstered by the fact that no one until now has filed a case against me except for the one filed recently by Mr. de Erio himself and Mr. Leo Udtohan .” She theorized that “ if there were anomalies committed by me in the performance of my duties, the Commission on Audit or any related government agency would have issued audit findings against me or the SK .”

Turning his verbal cannon on respondent Guingguing, Cajes said “ the publisher's failure and neglect to check on the malicious and libelous article of his writer and editor at that likewise shows malice on the part of the publisher. Had he been circumspect in his duties as publisher, the said article could not have been publicly and maliciously circulated .” Cajes said because of the malicious and libelous article, she “suffered sleepless nights and wounded feelings calling for moral damages in the sum of not less than P1,000,000.00; exemplary damages in the sum of not less than P500,000.00; attorney's fees of P20,000.00 plus P1,500 per appearance and other incidental expenses which should be paid jointly and severally by Respondents herein.” Former Trinidad Mayor and defeated congressional candidate Judith del Rosario Cajes also executed an affidavit in support of the complaint of her daughter. She said she “felt sad for my daughter for being the recipient of malicious accusations and anomalies purposely done to scurrilously attack her person in a very personal level.”

De Erio replies

When sought for comments, de Erio told the Post yesterday that Jane Cajes is a public figure and a public official hence she cannot avoid scrutiny of the public. He said that being a public figure and a local celebrity herself, it is inevitable that the public will talk and discuss about her love life with another public official and public figure. “ The love life of Jane Cajes has been publicly displayed and announced in her Facebook account and even in the Facebook account of her boyfriend. Pictures and sweet messages are even posted on their walls. The profile pic of hers and her boyfriends even used pictures of the two of them together ,” de Erio said. He added that “ Jane Cajes is among the many beautiful faces of Bohol and her boyfriend is among the most gorgeous and most eligible bachelors of Bohol, and both of them are public figure and public officials. The romantic course of their love affair is witnessed by the public. All the issues and alleged anomalies written in my column are all legitimate issues and concerns. Instead of filing a case or a complaint against me and my publisher, she must instead be presenting the documents and financial statement which she repeatedly said are ready . “

De Erio said that Jane Cajes has promised a press conference with the local media, and she even promised to give the media and the provincial government of Bohol copies of the financial statements but up to the present, she fails to fulfill her promise. He said being a public official, she is bounded to act with integrity, honesty and transparency in her leadership. “ Until she presents the financial statements, the issue questioning the transparency of her leadership will continue ,” de Erio said. For his part, Guingguing adopted a nonchalant attitude. “ It's just part of the rigors of the trade ,” Guingguing said. “ Anyway, I am willing to be imprisoned if found guilty of the charge ,” he said in jest.

In a more serious tone, Guingguing said he believes the issues discussed in de Erio's article are legitimate issues for public discussion. He said that the “offensive” part of the article dwells on the anomalies attributed to Jane Censoria Cajes. As a public official, he said, Jane Cajes has the bounden obligation to account for her expenses. She has not done so, he added, even when she has repeatedly told the local media that she would be presenting the financial statement of the SK. “ I am willing to print it for free, if there is any ,” Guingguing said.