NO NEW ISSUES RAISED, LACKS LEGAL BASIS

THE motion for reconsideration filed by one of three opposition councilors in the Sangguniang Panlungsod of Dagupan City, who were all indicted in an affidavit complaint filed by Vice Mayor Bryan Kua and five minority councilors before the Dagupan City Prosecution Service, was denied in a resolution by Associate Provincial Prosecutor Maychelle Ablog-Sergio, acting City Prosecutor for Dagupan City.

The resolution, a copy of which was obtained by The PUNCH, resolved the Omnibus Motion with Ad Abundantiorem Cautelam Motion for Reconsideration filed by Victoria Czarinna Lim-Acosta who, along with two co-respondents Redford Christian Erfe-Mejia, and Alipio Serafin Fernandez, were indicted in a resolution of the Prosecutor dated February 16, 2024 that found probable cause against them for the crimes of (1) Disturbance of Proceedings; (2) Grave Coercion and (3) Grave Oral Defamation.

The complaint stemmed from the unparliamentary, rowdy and disorderly regular session of October 10, 2023 when the three councilors took turns cussing and hurling insults at Vice Mayor Kua after the latter refused to withdraw his ruling that only those who attended the session on September 26, 2023 can vote on the minutes of the sessions on September 26 and October 3.

The resolution signed by Prosecutor Ablog-Sergio on March 4, 2024 in Vigan City deemed that Lim-Acosta’s motion for reconsideration already raised submissions that were actively and exhaustively discussed by the investigating prosecutor and no new relevant matters were raised.

The resolution said Lim-Acosta did not categorically deny her authorship of the subject defamatory language and belligerent conduct during the October 10 SP session and being a participant to the session (1) she could not be covered by Article 144 of the Revised Penal Code; (2) she is protected by the “speech and debate clause in the Constitution ; and (3) the SP should determine her culpability.

In her MR, Lim- Acosta claimed that her statement “putang ina mo” is not defamatory as the same is a common expression to express anger and displeasure and protected by the “onion-skinned doctrine”. The Prosecutor replied: the statement  “failed to persuade us,” adding that in the application of doctrine of ancient is respectability, it is indubitable that the respondent committed grave oral defamation.

On her claim that she is protected by the “speech and debate clause”, the same privilege enjoyed by members of the Senate and House of Representatives, the Prosecutor said that this does not hold water since the SP is not vested with the same privileges enjoyed by the former.

The Prosecutor added that Lim-Acosta’s proposition that only the Dagupan Sangguniang Panlungsod is the single and most competent judge to determine her culpability, lacks legal basis.

Note: Lim-Acosta and her co-respondents did not submit their counter-affidavit to the affidavit complaint of Vice Mayor Kua but instead she filed a motion for reconsideration. But, Erfe-Mejia and Fernandez, filed a motion seeking to reopen the preliminary investigation of the cases filed against them on February 1 7, 2024.

Lim-Acosta filed a separate motion on March 4, 2024 seeking to set aside and vacate the February 16, 2024 resolution and also to reopen the preliminary investigation. (Leonardo Micua)

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