NAGHAIN na ng counter-affidavit ang online host na si Ogie Diaz kasama ang dalawa pa niyang co-host bilang sagot sa cyberlibel na isinampa ni Bea Alonzo laban sa kanila.
Kasama ang kanilang abogadong si Atty. Regie Tongol, humarap si Ogie at ang mga kasamahan niya sa “Showbiz Update Live” YouTube channel na sina Loi Villarama (Mama Loi) at Wrena Lualhati sa investigating prosecutor na si Edward Seijo upang mag-file ng counter affidavit.
Isa sa mga nakasaad sa isinumiteng sworn affidavits nina Ogie ay ang umiiral ma batas hinggil sa “fair comment doctrine” na pinoprotektahan ng Supreme Court.
“Prescribed na ‘yung posting na nilagay nila sa complaint affidavit nila. November 2022 pa, one year lang kasi ang prescriptive period ng cyberlibel,” ang pahayag ni Atty. Tongol sa panayam ng ABS-CBN.
“Meaning, it was filed way beyond the one-year prescriptive period for Cyberlibel. As to this count, we are very confident that the charge against our clients would be dismissed,” dagdag niya.
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Pagpapatuloy pa ng abogado, “Ang pangalawa naming sinabi doon na wala namang sinabi ‘yung client namin na si Ogie Diaz at ‘yung mga co-hosts.
“O, kung may sinabi man ‘yung mga co-hosts niya, ito ay nakapaloob pa rin sa fair comment doctrine na pinoprotektahan ng ating Korte Suprema about matters of public interest katulad na lang ng buhay at trabahong ginagawa ng complainant,” mariing sabi ni Tongol.
Bukod dito, nag-file rin sila ng “affirmative defense on improper venue”, “We filed an affirmative defense of improper venue. Alam naman natin na since 2022, sinabi na ni Bea na she’s a legal resident ng Spain.
“Kaya naman kung sasabihin niya na siya’y legal resident na ng Spain, then hindi na siya sa Quezon City actually nagre-reside,” esplika ni Tongol.
At dahil nga rito, nag-file ng counter-charge si Mama Loi laban kay Bea ng kasong perjury.
“Dahil sinabi niya yun, nag-file din si Loi Villarama ng counter charge na perjury, kasi obvious na obivous na nagsisinungaling siya sa kanyang complaint affidavit na sinabi niya na dito siya naka-reside sa Quezon City,” pahayag ng abogado.
Inaasahan naman ang paghahain ng kampo ni Bea ng reply-affidavit sa loob ng dalawang linggo.
Narito ang ilang bahagi ng official statement ng kampo ni Ogie hinggil sa naturang kaso.
“Today, my clients filed their separate Counter-Affidavits before Investigating Prosecutor Edward Seijo. Along with the filing of a Counter-Affidavit, our client Mama Loi also filed a counter-charge for perjury with damages against Ms. Alonzo since the Complaint-Affidavit made it appear she made defamatory utterances even though she has not said anything at all.
“In our seventy-page (70) Counter-Affidavit, we called out the Complainant by not clearly stating in her sixteen-page (16) Complaint-Affidavit the specific individuals who uttered the specific defamatory statements making it appear it was all Mr. Diaz who made them.
“They even failed to show clear and convincing proof of ‘actual malice’ whether in the form of ‘reckless disregard for the truth’ or ill-motive which is a legal requirement and standard if the Complainant is a public figure.
“The opinions expressed by Mr. Diaz’s co-hosts on the November 19, 2022 episode were merely based on a common truthful observation of the netizens of the performance of her show, ‘Startup PH’ as pointed out in their several comments online.
“As to the second count which refers to episode February 12, 2024, the utterances there by Mr. Diaz’s co-hosts are not defamatory because being offered a role that was turned down by Marian Rivera-Dantes or any other actresses is not unusual given that Mrs. Rivera-Dantes is the undisputed queen of GMA. We proved that it is a common practice in both the local and foreign showbiz industry.
“By being an actress, complainant in effect gave the public a legitimate interest in her life and in her work. Therefore, the subject posts and utterances by Mr. Diaz’s co-hosts are within the realm of fair comment on her work as one of the actresses in the Philippines contrary to their claim in the media that it was about her personal life.
“Under our laws ‘fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander’ because democracy would be meaningless without free discussion of public affairs, even at the cost of a few bruised egos.
“Other bloggers, writers, journalists and our clients should not be cowered by the filing of cases just to suppress the freedom of expression and of the press by public figures who are too onion-skinned.
“Our clients will fight this case with courage because they have no malicious intent and the thirty million pesos (P30,000,000.00) damages being asked by Ms. Bea Alonzo in her complaint is not only unjustified and unreasonable but is also exorbitant.
“We are also ready to file other counter charges against Ms. Alonzo for malicious prosecution and damages for this suppression of our client’s freedom of the press and expression in due time,” ang nakasaad pa sa official statement.