The Office of the Bacolod City Prosecutor has found probable cause for the filing of two counts of libel against the Secretary General of the Technical Education and Skills Development Authority for casting dishonor on and discrediting Bacolod lawyer Alex Espino.

Espino filed the case against TESDA Secretary General Augusto “Boboy” Syjuco last year based on alleged defamatory items published in the Panay News and Sun Star Bacolod on April 2007.

Espino is the former political campaign manager of Syjuco.

Assistant City Prosecutor Yvonne Gulmatico-Cioco, in a joint resolution dated Jan. 31, 2008 , said Syjuco reasoned that Espino failed to show proof that he caused the publication of the defamatory news story.

Syjuco also said that the crime imputed to Espino in the published article is not a mere imputation but a statement of fact as attested by the criminal complaint for extortion and blackmail he filed against the complainant in the Iloilo Provincial Prosecutor's Office.

He said the news story was published at the height of the election campaign where emotions and passions are high and thus statements and utterances made do not constitute libel based on several case laid down by the Supreme Court.

The alleged defamatory publication quoted Syjuco saying “Espino threatened to campaign against his wife (Iloilo 2 nd District Rep. Judy Syjuco) unless he provides a named large sum of money to fund the political campaign of his son, Al Victor Espino, who is running for Councilor in Bacolod City, Negros Occidnetal.”

Syjuco also informed his constituents that Espino is no longer connected in any way to his activities, in the Apr. 27, 2007 issue of Panay News and Apr. 28, 2007 issue of Sun Star.

Cioco said the issue of authorship is not denied which is quite apparent from the tenor of the letter furnished to Sun Star and Panay News. She said the intent to cause its publications can be deduced from Syjuco's act of furnishing the publisher of Sun Star and Panay News copies of the libelous letter.

The case law relied on that libel does not attach because the libelous publication was made in the height of the election campaign finds no application because Espino is a private individual and not a public officer, Cioco said.

Finding a concurrence of the essential elements of libel defined and penalized under Article 354 of the Revised Penal Code, Cioco said she finds probable cause against Syjuco for libel on two counts committed on April 2007 in Panay News and Sun Star Bacolod, respectively.

The resolution was approved by City Prosecutor Armando Abanado.*CGS

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