By Gonzalo Duque

 

I happened to get hold of a copy of  a resolution of Maychelle Ablog-Sergio, acting city prosecutor for Dagupan, denying the motion for reconsideration made by Councilor Irene-Lim Acosta, one of the respondents in the case filed by Vice Mayor Bryan Kua against the three majority councilors.

I saw the public spectacle during that October 10, 2023 rowdy and disorderly regular session of the Sanggunian on YouTube where I even witnessed Councilor Celia Lim restraining her daughter Irene in uttering more vitriolic statements against Vice Mayor Kua by covering her mouth.

Maybe Mommy Celia knew that such behavior by her daughter was uncalled for and rightly, so when I saw the denial of motion for reconsideration, and the issues raised in that motion, I can only say that they (three councilors) are in deep trouble.

Anyway, the penalty of grave oral defamation is either an imprisonment or fine of from P40,000 to P200,000  (an alternative one) at the discretion of the court. Maliit lang yan. Kayang-kaya nilang bayaran.

The Acting City Prosecutor for Dagupan discussed the merits and demerits of the arguments ranging from the constitutional privilege exercised by members of Congress, to the  onion-skin principle, the word uttered by the respondent,  “putang ina”, and that her notion that the complaint should have been better brought before the sanggunian and not the courts.

The MR was discussed thoroughly and intelligently by the Acting City Prosecutor. I doff my hat to her as I find her resolution “fluent, intelligent and well-researched”, Moreover, she dispatched the resolution with utmost urgency. I understand that Atty. Maychelle is associate provincial prosecutor, may be of Vigan City. Galing!

I remember that during our bar examination in 1976, a question was asked if the expression of “putang ina” is derogatory, defamatory and libelous. Without blinking an eye, I answered in the affirmative, though I was not really sure of it. But just the same I got the grade of 82 in Criminal Law, proving that I was right.

As to Vice Mayor Kua, the complainant, I do not want to volunteer my services to him. But to me, there is still an avenue he can do to fast track  a case that he may want to file again in the future  para matapos na ang gulo sa Sanggunian.

Of course, the respondents still have the remedy by appealing the resolution to the Department of Justice, which may affirm or deny the appeal. Or, they can even delay the proceedings. We won’t know how and what will happen.

By the way, I was told that one of the respondents bragged that he would cut one of his fingers if the case filed by Vice Mayor Kua will reach first base. “Ipapaputol ko and isa kong daliri kung makakaabot yan sa first base”, he was heard as saying.

This means that they were so confident of the case being dismissed outright. Bakit kaya? That could be the reason why they did not even bother to file their counter-affidavits.

Now, since the case already hurdled first base with the first resolution on February 16 by the Acting City Prosecutor for Dagupan and her March 4 resolution denying the MR is already the second base, may be the promise of the guy to cut one of his fingers is now in order. Sige na, make my day!

Let’s see if the case will reach third base. Another finger to cut?

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I foresee an interesting bitter political war between the group of Brian, Celia and Irene Lim and their allies against Mayor Belen Fernandez, Vice Mayor Kua, Councilors Michael Fernandez, Jeslito Seen and all their allies in the 2025 election.

The delay in the passage of the 2024 annual budget is attendant with bad faith as the majority councilors are preventing Belen to have an easy sailing over the Lims in the 2025 polls.

This political war (not battle) will not stop until the dust is cleared. Simply stated, it’s a war of survival between Belen and Celia. It’s the war of the malls, between CSI and Magic. 

This time, will it be Celia against Belen or Brian staging a return bout with Belen?  Abangan!

I can see the point of our editor Ermin Garcia Jr. in continuously questioning why Belen has not filed a case against the majority seven up to this day for continuously obstructing her programs and projects. Anong ginagawa ni Atty. Valle dyan?

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