Pacquiao says seeking reconsideration of junked cyber libel suit vs Quiboloy
MANILA, Philippines — Sen. Manny Pacquiao has filed a motion asking the Makati City Prosecutor's Office to reconsider its junking of a cyber libel complaint against Apollo Quiboloy, a pastor and media network owner, over allegations of misuse of public funds.
"While we respect the decision of the Makati City Prosecutor's Office, we respectfully disagree. A distinction must be made between mere criticism and the proliferation of fake news," lawyer Nikki De Vega said on Pacquiao's behalf.
The suit was one of the reasons that Pacquiao, a candidate for president, gave in turning down an invitation to appear on presidential debates organized by SMNI, the network owned by Quiboloy.
The other reason was Quiboloy's indictment in the US for conspiracy to engage in sex trafficking by force, fraud and coercion and sex trafficking of children; sex trafficking by force, fraud and coercion; conspiracy; and bulk cash smuggling.
Quiboloy is the founder and leader of The Kingdom of Jesus Christ.
Pacquiao: Wrong building, wrong figures
Pacquiao said that Quiboloy had shown a video, supposedly of the Sarangani Sports Training Center and claimed that it had P3.5 billion in funding.
He said that what was actually in the video was the Sarangani Province Sports Development Complex, which only has funding of P300 million. The actual Sarangani Sports Training Center does not have funding yet, the senator also said.
The project with P3.5 billion in funding is the Philippine Sports Training Center in Bataan, Pacquiao also said.
Quiboloy had announced the junking of the complaint on Tuesday, saying "truth and justice have prevailed" in the case.
According to a copy of the resolution, prosecutors did not delve into whether the allegations were true, saying only that Quiboloy's statements did not have the element of actual malice that would make it fall under cyber libel.
Proecutors: Quiboloy may not have known his facts were wrong
Prosecutors also noted that Pacquiao "failed to prove that respondent made those statements with knowledge of their falsity or with reckless disregard whether they were false or not."
They said that while Quiboloy may have known that he was talking about different projects "and knowingly intertwined and twisted the facts", it was also possible that the pastor "only made those statements as what was told him by his research team, not knowing fully well that three projects were actually involved."
Prosecutors said the complaint was set for resolution since Quiboloy did not file a counter-affidavit. Pacquiao's lawyer called this an injustice and said that this had prompted the filing of the motion for reconsideration.
"However, we are also considering withdrawing our motion so that the US government, through the Federal Bureau of Investigation (FBI), can properly facilitate the extradition and arrest of Apollo Quiboloy in relation to his sex trafficking case in the US," De Vega also said.
Quiboloy has disputed the charges against him in the US and his lawyer has questioned the timing of the release of a wanted poster for the president's spiritual adviser, saying this may be related to the national elections. — Jonathan de Santos
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