P50-M Libel Off

Published in The Mindanao Times
February 02, 2001

Complainant City Mayor
foregoes case vs. Priest

AFTER 15 months, Mayor Benjamin de Guzman finally decided to forego the prosecution of the 50-million libel case against Irish priest Shay Cullen for the alleged malicious circulation of an open letter in the Internet.

But children's rights advocates said they are still not satisfied with de Guzman's "reconciliation" move.

"In the spirit of genuine reconciliation and unity, (the mayor) has decided to forego the prosecution," said a one-page letter released by City administrator Nestor Ledesma last night.

The letter stated that de Guzman is heeding the appeal of the religious sector led by Davao Archbishop Fernando Capalla and other non-governmental organizations, people's organizations, civic groups, and the public

The statement said de Guzman will "place all issue to rest so that he can attend fully to more pressing demands of the city."

It further said: "With this, Davaoeños can move on and look forward to a better meaningful life ahead of them."

Yet officials of Lihok Kabataan, a coalition of child-rights advocates, said they wanted a concrete assurance from the mayor to bring to justice those responsible for the death of the street children.

Mae Fe Templa, coordinator of the Juvenile Justice Group-Davao, said de Guzman "should issue a public apology" for his failure to solve the death of Royroy, Maymay, Victor and Iking.

Templa said the mayor's action of dropping the case against Cullen came too late after he was pressured by various groups.

Advocates for children's rights in Davao City have signed an open letter urging the mayor to prosecute the murderers rather than pursuing the libel case against Cullen.

De Guzman sued the Irish Catholic Priest on October 1999 for allegedly circulating a malicious letter in the information superhighway that he was cuddling a vigilante group out to kill street children.

The Archbishop of Davao sent a letter to the mayor Tuesday urging for a possible "win-win" solution in the libel case, "in the present call for healing, reconciliation, and genuine unity."

The church's letter was signed by Fr. Pete Lamata and Fr. Paul Cunanan, emissaries of the Archbishop who is presently in Bangkok, Thailand.

It was not yet certain if the mayor will attend Cullen's arraignment today before Judge Isaac Robillo of Regional Trial Court Branch 13.

But sources said de Guzman's counsel would ask the court for the dismissal of the case.

For her part, Templa said the Irish cleric will definitely attend the arraignment and would demand from de Guzman's lawyer for the formal dismissal of the case.

"Sa ngayon, wala pang affidavit of desistance (So far there is no affidavit of desistance)," Templa quipped.

The group had viewed de Guzman's move of filing the libel case as a suppression of legitimate complaint against the local government inaction to issues.

About a hundred members of the coalition for children's rights will continue their rally at the Ninoy Aquino hall of Justice to support the Olongapo City-based priest who arrived in the city yesterday afternoon.

"Fr. Shay is happy to hear the mayor's decision," a child advocate describes the foreign priest upon knowing the mayor's move. "But (the priest) and the rest of the group would be much happier of the mayor would instead pursue the investigation of the suspects behind the death of the street children."

The group previously asked help from the mayor to solve the murder cases, "but he did not consider seriously the request," Templa said.

Motorcycle-riding armed men gunned down Royroy and Maymay along Ilustre street sometime in June of 1999

After the police failed to solve the case, various groups including Fr. Cullen's organization launched a campaign for the mayor to exert more effort to act on the case.

Instead, in October of that year, de Guzman sued Cullen for libel which allegedly destroyed the city's "child friendly" image and demolished his credibility.

As the murder case remains unsolved, the vigilantes killed two other youths -- Iking, 17 and Victor, 20 -- who were said to be witnesses in the first murder case.

By Chris Te Fabian
Staff writer

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