Court finds mayor's aide guilty of grave oral defamation raps
Aides beware! Or specifically, government-employed aides beware.
A costly lesson has now been taught to a municipal employee and close aide of an Iloilo town mayor.
This, as the Court issued yesterday a guilty verdict on a grave oral defamation case docketed as Criminal Case No. 2595 lodged against a security officer of Tigbauan Mayor Myrna Montealegre-Torres identified as Ronnie Saldevia.
As such, not only does Saldevia stands to face corresponding administrative sanctions courtesy of said Court conviction, he was also sentenced to suffer imprisonment of three months to one day as minimum and one year to three months as maximum.
Further still was moral damages of P20,000 and attorney's fees and the cost of the litigation of town businessman and now mayorable Dennis "DRV" Valencia.
Saldevia's woes stemmed from an April 2004 incident in Barangay Baguingin here with the charges brought by the mayor's political sortie.
Serving as Torres barker, Saldevia who has since been employed by the municipal government served as rally host and that particular day, chose to lambaste Valencia over the public address system.
"Kung ipanagtag ni Dennis Valencia ang kuarta nga ana ginremedyo sa aton nga banwa, ang amo ra nga kuarta inyo batona kay amo lang ra nga pama-agi nga mabawi ninyo ang kwarta nga indi ana (If Dennis Valencia will give the money he took from our town, accept it because that is the only way that you can get the money back which is not his)," Saldevia was quoted as having said.
Ensuing Court hearings had a woman prosecution witness testifying to Saldevia's personal attacks on Valencia while Saldevia for his defense only issued a denial with no other witnesses to back him up, not even the mayor.
In a 16-paged Decision, Designated Trial Judge Ernesto Templanza Sr. of the 15th Municipal Circuit Trial Court junked the Defense argument.
"Alibi or denial by the accused is worthless in the face of his being positively identified by the prosecution witness. In the light of the positive identification by the witness who has no motive to falsely testify, accused alibi and denial are rendered worthless," excerpts of the Decision went while adding that the case did have the five elements of defamation present.
There really was imputation of the crime, the Court averred, and the imputation was also done publicly "the fact that it was a political rally of Mayor Myrna Torres."
"That the remarks were malicious considering that it was made in the presence of many people with an intention to malign the good reputation of the offended party," the Decision continued, "That the imputation was directed to a natural person, the private complainant Dennis Valencia; That the imputation tends to cause the dishonor, discredit or contempt of a person defamed."
The remarks uttered in front of so many people, the Court further assailed, "is malicious and tends to cause the dishonor, discredit or malign the good standing of the complainant in the community, he being a well-known businessman."
"It is significant to mention that the testimony of the accused asserting the defense of denial was not substantially corroborated by any witness. In short, no further testimony was presented for the defense except for the lone testimony of the accused Ronnie Saldevia," Judge Templanza Sr. in said Decision noted.
A few weeks back, Mayor Torres herself was also found guilty of same charges by a 70 year-old parishioner defamed by the lady mayor inside the town's public market.
"Kasubo man sang gakalatabo diri sa amon banwa. Indi man na ra batasan sang kalabanan diri sa Tigbauan. Budlay gid man abi kay te ara sila sa poder mo (It is really disheartening what is happening in our town. (But) that is not the prevailing attitude of locals here. It is really different because they are in power)," a jeepney driver commented when reached for reaction.