Fiscals affirm dismissal of libel case vs. Vidal

CEBU, Philippines - The Cebu Provincial Prosecutor’s Office yesterday junked the motion for reconsideration of former monk Venancio Cabillon on an earlier decision, which dismissed the libel case he filed against Cebu Archbishop Ricardo Cardinal Vidal.

In a resolution, Assistant Provincial Prosecutor Anabelle Robles said no error was committed by the investigating prosecutors in dismissing the case against Vidal.

“While it is true that the preliminary investigation is not the occasion for the full and exhaustive display of the parties’ evidence, nevertheless, it is not a casual affair. This office is mandated to examine the evidence with care to prevent material damage to a potential accused’ right to liberty,” Robles said.

Cabillon filed the case against Vidal and three other church officials last October 14, 2009 for allegedly maligning him by publishing the notice of his separation from the Marian Monks of the Eucharistic Adoration based in Sibonga town.

Also named respondents were Fr. Marnell Mejia, Msgr. Cristobal Garcia, and Abelio Mangila – also known as Frater Martin Mary – superior of the Monastery of the Marian Shrine in Sibonga town, the editor in chief and the business manager of the Bag-ong Lungsoranon.

But Robles said the actuation of Vidal and the other respondents belies any intent to malign or destroy the reputation of the complainant.

“The notice was published for the sole purpose of protecting the religious organization as well as to avoid misleading the public with respect to the association of complaint with the MMEA. The publication was prompted not by ill will or malice but by a call of duty,” Robles said.

In their resolution, prosecutors Jerome Abarca and Maria Luisa Ong said earlier there was no malice in the published announcement of Cabillon’s dismissal in the church newsletter “Ang Bag-ong Lungsoranon.”

“(The article) as a whole, appears (to be) nothing more than a simple notice of disconnection of a certain individual from a certain group. While the imputation has some defamatory implication to (Cabillon), yet the same may not be true to (others),” the resolution said.

Petralba herself said the case was resolved based on law. She said only two of the four elements of libel were present in the case - publication and identification of the victim. However, the notice in question was neither defamatory nor malicious.

The prosecutors also noted that the notice was published in the official newsletter of the Archdiocese of Cebu “with only certain members of the Catholic community as its limited clientele.”

Cabillon demanded damages for the “shame and injustice” he suffered because of the publication of the notice, which mentioned, among others, that he was a “trafficker” and not authorized to solicit funds in the name of the MMEA.

The monks are the caretakers of the Marian shrine in Simala, Sibonga town in Cebu which draws hundreds of pilgrims and Catholic faithful who go there with special petitions for various needs from cures of ailments to passing professional board exams.   (FREEMAN NEWS)