Government Seeks Reversal of Dismissal of Defamation Case
Government prosecutors have urgently requested the Municipal Trial Court of Plaridel in Bulacan to reconsider and overturn the dismissal of oral defamation cases against environmental activists Jonila Castro and Jhed Tamano. The request highlights concerns about the fairness of the court’s earlier decision.
In a detailed 10-page motion filed on Tuesday, prosecutors asked the presiding judge to voluntarily recuse herself due to doubts about her impartiality. They argued that the judge ruled on the case’s merits without allowing the prosecution to present sufficient evidence to prove the charges.
“[T]he Honorable Presiding Judge has already ruled on the merits of the case without affording the prosecution the opportunity to present evidence to prove all the elements of the two informations,” the motion, signed by a panel led by Provincial Prosecutor Ramoncito Ocampo, stated.
Moreover, the prosecutors expressed serious reservations about the judge’s neutrality, citing her statement that the activists’ statements lacked malice. This, they said, undermines confidence in a fair trial.
Activists’ Counsel Condemns Government Actions
Legal counsel for Castro and Tamano, Dino de Leon, accused the government of persecuting environmental advocates who fight to protect Manila Bay. De Leon emphasized that the Supreme Court has already recognized their abduction, questioning when the government will hold responsible parties accountable.
“The Supreme Court already affirmed the fact that Jhed and Jonila were abducted. When will the government hold accountable those who are responsible for the abduction?” he asked.
He added, “Worse, instead of helping Jhed and Jonila recover, it is the one authoring the continuation of their suffering. We call on the Marcos Administration to FORTHWITH correct its acts of injustice in this case.”
Background: The Disappearance and Legal Battle
Castro and Tamano disappeared in Bataan in September 2023. The government later presented them during a press briefing in February, claiming they were rebel returnees. However, the two women insisted that they had been forcibly taken and were not voluntary surrenderers.
The Department of Justice initially filed perjury charges but later recommended grave oral defamation charges instead.
On June 4, Presiding Judge Sheila Geronimo-Orquillas of Bulacan’s Municipal Trial Court in Plaridel granted the activists’ motion to quash the defamation charges. The judge ruled their statements were factual and not malicious, leading to the dismissal.
Prosecutors Challenge Court’s Ruling
In their motion for reconsideration, prosecutors said the court erred by broadly accepting the claim that the activists were abducted by state agents. They pointed out that even though the Supreme Court issued writs of amparo and habeas data, the Court of Appeals did not grant these protections due to insufficient evidence supporting the abduction claims against the Philippine Army.
“With all due respect, for the honorable court to grant the motion to quash the informations filed by the accused on the ground that indeed they were abducted, hence the derogatory pronouncements during the press conference did not constitute an offense, is not only factually erroneous but highly improper at this point in time,” the prosecutors’ motion stated.
The ongoing legal battle reflects deeper tensions between government authorities and activists advocating for environmental protection and human rights.
For more news and updates on government defamation cases, visit Filipinokami.com.