Court orders arrest of actress, manager

CEBU, Philippines - The Regional Trial Court has ordered the arrest of ABS-CBN Star Magic talent manager Danilyn Nunga and actress Neri Naig-Miranda for libel.

Judge Ricky Jones Macabya of Branch 5 issued the warrant of arrest on January 13, a day after the court denied the omnibus motion filed by Nunga seeking to reinvestigate, defer proceedings and the issuance of warrant of arrest.

 Nunga asked for reinvestigation claiming that they were not afforded due process since she never received any subpoena from the Office of the Cebu City Prosecutor directing her to submit counter-affidavit and other controverting evidence.

 “Accused Nunga, however, never received any subpoena. Being a talent manager, she seldom stays in the office and is almost always out on field. Again, she was only apprised of the pendency of this case through a friend who happened to read a news article in Cebu,” the omnibus motion read.

Complainant Clarence Taguiam said Nunga and Naig were afforded due process during the conduct of preliminary investigation.

He stated a subpoena was sent to ABS-CBN Corp., Sgt., E.A. Esguera Avenue, Corner Mother Ignacia St., Quezon City, contrary to the statement of Nunga.

 “In this case there was a subpoena sent to the accused since there was a preliminary investigation being conducted. For whatever reason, the accused simply ignored it. Accused Nunga did not even categorically say that she does not go to ABS-CBN Corp. In fact, she said, she seldom stays in the office,” the opposition read.

 Macabaya, in his three-page order, sustained the complainant.

“The grounds asserted by Nunga that she was deprived of due process for they were not afforded a preliminary investigation or not given the opportunity to submit a counter-affidavit deserves a scant consideration,” read the order.

 “The records of this case reveal that a preliminary investigation has been conducted by the Office of the City Prosecutor of Cebu City and subpoenas were even sent to both accused. The failure of both accused to submit their counter-affidavit is construed by the court as waiver of their right to file the same,” it added.

 According to the court, the failure of Nunga and Miranda to submit their respective counter-affidavit does not make the preliminary investigation irregular since the “Rules” allow the investigating prosecutor to resolve the complaint based on the evidence available on records.

 Macabaya likewise cited jurisprudence in the case of Serapio vs. Sandiganbayan, where the Supreme Court en banc ruled “a preliminary investigation is not a constitutional right, but is merely a right conferred by statute. The absence of a preliminary investigation does not impair the validity of the Information or otherwise render the same defective and neither does it affect the jurisdiction of the court over the case or constitute a ground for quashing the Information.”

Nunga and Naig were charged for allegedly accusing Taguiam, a resident of Cebu City, and his friend Donna Marie Go of being bogus sellers of Go Pro Hero3 Action Camera.

 The libelous accusations were made through the social networking site.

Taguiam alleged on April 30, 2015, Nunga posted a photo of him and Go tagging them as “bogus, fictitious and fraudulent” sellers of the camera.

 Nunga alleged that she failed to get the camera she purchased despite having paid in full. Taguiam denied selling camera.

Nunga alleged they “have good and valid defenses” and no criminal intent in their online posts since their “sole intent… was merely to reach the persons who at that time she perceived to be the real Clarence Taguiam and Donna Marie Go from whom she purchased online the Go Pro camera.”

 “The lack of criminal intent could not be any clearer considering that after she remitted her payment to the person with whom she only met and transacted online by the name Donna Marie Rowee Jean Go-an exact similarity with the name of private complainant’s girlfriend, she did not receive the item she purchased and later on, no longer received any communication on her purchase from this person,” the omnibus motion read.

The court directed any officer of the law to serve the warrant within 10 days. The accused, however, are ordered to pay each P10,000 bail for their temporary liberty. (FREEMAN)