Region IX, Zamboanga Cty Stee tt aye (rece ofthe Cly Prosecitor Ce Pee RE: COMPLAINT AGAINST JUANITA M. REYES: UNDER NPS DOCKIET NO. IX-044NV-111-00029 A FOR LIBEL, TR. This resoNes the Petition for Review of the Resolution of the Office of the City Prosecutor of Isabela dated November 22, 2011 filed by Juanita M. Reyes, assisted by counsel, citing errors allegedly committed by the handling prosecutor in finding probable cause against her for libel. tt appears that the instant complaint was fled as a result of the separate letters six (6) in all, sent by respondent-appellant to complainant-appelice allegedly containing malicious and defamatory statements against the latter and copies of which wese furnished to some government agencies. Respondent claims that the subject letters were made in good faith and without malice and were a privileged communication involving public interest. That her main purpose in furnishing coples of said letters to some government agencies was to report to these agencies on how ISAWAD is being governed by its officials and not to malign, humiliate or defame comptainant. Upon due consideration of the evidence on record, the handling prosecutor found Probable cause to indict respondent for four (4) counts of Libel. He anchored his findings on the tenor of the contents of four of the subject letters and found basis to infer therefrom that the same were libelous. He concluded that from the injurious contents of said letters malice is Presumed to exist. After an assiduous review and careful evaluation of the evidence on record vis-&-vis the findings in the assailed resolution and the arguments raised in the petition, we find for the petitioner. There is no dispute that the subject letters contain defamatory imputations against herein compiainant-appetiee. There is also no dispute that the same were written by and sent to the person of complainant. Shortly put, for her eyes onty. ‘While it is true that they were furnished to some goverment agencies it is clear that the purpose of the respondent-appellant was to bring tothe attention of the sald investigative,~ ~ 2 of Appeal under NPS Docket No. 1X-04-INV-I-09029 ‘agencies some anomalous practices in their office, said agencies being clothed with the” authority to investigate matters brought before them in the pursuit of transparency and good governance 38 in fact she fled the corresponding formal complahnts before the various concemed For Libel to prosper it is essential that the defamatory imputations be public and the intent to defame or malign must be shown, such is not obtaining in the instant case considering that the subject letters wore private in nature and contrary to the conclusion of the handling prosecutor, bad falth or intent is never presumed. Good faith on the other hand is always presumed and there can be no Libel where there is no intent. WHEREFORE, premises considered, the instant petition is hereby GRANTED. The Resolution of the Office of the City Prosecutor of isabeta dated November 22, 2011 is tiereby REVERSED and SET ASIDE. The complaint against Juanita M. Reyes under NPS DOCKET NO. 1X-04-111-00029 is hereby ordered DISMISSED. Zamboanga City, Philippines, August 28, 2014. u A Assistant R i Prosecutor Approved: sue RL ‘Regional tor ‘copy furnished: Atty. lan E. Morandarte Pubtio Attorney I Public Attorneys Office Basilan district Office Isabela City, Basilan Provinoe ‘Counsel for Complainart-Appaiiee Roxas Ave., (sabela City, Basiian Province Alali C. Almodovar Isabela City Water District Isabela city, Basilan Province PLMINLT/go