Edmonds Slander Charge Against Fr. Shay Dismissed for lack of substantiation- April 27, 1998

Republic of the Philippines Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR OF BATAAN Balanga, Bataan

ALAN DALE EDMONDS.

-versus-

FR. SHAY CULLEN
Respondant.

I. S. No 98-337

-for-

GRAVE SLANDER PUNISHABLE UNDER ART. 358 OF THE RPC

RESOLUTION

This case was filed by Alan Dale Edmonds of Purok 6, Brgy. Dirita, San Antonio, Zambales against Fr Shay Cullen c/o PREDA Foundation Inc., Upper Kalaklan, Olongapo City for Violation of Article 358 of the Revised Penal Code. By virtue of Regional Order No. 98-15 the under signed was designated as Acting City Prosecutor of Olongapo City for the purpose of investigating this case. (see Regional Order No. 98-15 dated March 16, 1998).

The preliminary investigation was conducted on March 31, 1998.

Complainant Edmonds in his statement states:

XXXXX

Respondent Cullen had moral and social duty to verify Matters as president and executive director of PREDA.

"In order to escape criminal responsibility for Libel or slander, it is not enough for the party who writes a defamatory communication to another to say that the writer expresses therein no more than his opinion or belief. The communication must be made in the performance of a "legal, moral or social duty." (Orfanel Vs People, 30 SCRA 819, supra)

WHEREFORE the charge against Fr. Shay Cullen is hereby dismissed for lack of substantiation.

SO RESOLVED.

Balanga, Bataan, for Olongapo City.

27 April 1998.

 

RUBEN F. BERNARDO
1st Assistant Provincial Prosecutor
Deputized Acting City Prosecutor

F U L L  C O P Y  A V A I L A B L E  U P O N  R E Q U E S T

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