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VOLUME XXVI No. 14
Tagbilaran City, Bohol, Philippines
October 16, 2011 issue
 

Fiscal inhibits from Monton libel case

 

The fiscal assigned to the libel case filed by former General Services Officer Mark Leo Monton against Taloto barangay captain Faro Cabalit and 13 others has voluntarily inhibited from the case. Monton filed the libel case after the Sangguniang Barangay of Taloto passed a resolution declaring him persona non grata without due process. Aside from Cabalit, included in the complaint filed as NPS case no. VII-14-INV-114-00288 before the City Prosecution Office on Aug. 25 are Taloto barangay councilors Eugenio Zamora, Nemesion Escobilla, Florencio Manlupig, Galicano Refulle, Juanita Bayog and Susano Soliva. Also named respondents in the libel case are Peter Dejaresco and Zoilo Dejaresco III, publisher and editor-in-chief respectively of the Bohol Chronicle and radio commentators Chito Visarra, Jeremias Pabe and Nestor Daarol of Station DyRD.

The resolution in question was also the basis for the news item published by the Bohol Chronicle which was the basis for the inclusion of the Zoilo Dejaresco III and Peter Dejaresco, editor and publisher respectively. In his order dated Oct. 3, Deputy City Prosecutor Romeo Chatto noted that Monton has written Justice Secretary Leila De Lim for the inhibition of all the prosecutors of the Office of the City Prosecutor in Tagbilaran and the Office of the Provincial Prosecutor of Bohol. “Without waiting for the Honorable Secretary of Justice’s action on the letter-request of the complainant and discussing the basis for the motion of inhibition, and to remove the cloud of doubts as to his impartiality, the undersigned investigating Prosecutor is voluntarily inhibiting himself from investigating and resolving the instant complaint,” Chatto said in his order. Chatto held Monton’s complaint in abeyance pending De Lima’s action on the request.

Monton expressed gratitude to Chatto for his voluntary inhibition. “I express my gratitude to him for this gesture which hopefully will pave the way for the granting of this request by the Honorable Secretary of Justice,” Monton said. He reiterated that his request for the inhibition of the city and provincial prosecutors is not due to any actions that he found questionable or objectionable. “I deemed it appropriate to be given my day in court without even a hint of suspicion that I may benefit from any favor whether intended or otherwise that may lead to doubts on the partiality not only of the personalities involved but on the process as a whole,” he added. The preliminary investigation was originally slated last Sept. 15 by Chatto.

Monton, however, sought a postponement saying that he had requested De Lima for the inhibition of all city and provincial prosecutors considering that his case has become highly political. The complainant said that it is an undeniable fact that the parties to the case, including interested personalities such as his superior, Tagbilaran Mayor Dan Lim and Gov. Edgar Chatto, “who is the new political patron” of Cabalit, may be liable to suspicion of exerting influence on the prosecutors. Monton sought for the postponement of the preliminary investigation until de Lima has acted on his request.

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