Purisma Payumo's 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
PURISIMA N. PAYUMO, -versus- FR. SHAY CULLEN |
I.S NO. 98-738 -for- SEC. 5 (b) OF R.A. 7610 |
RESOLUTION
This case was filed by Rosalie Nocum Payumo of La Union St., Brgy. Baretto, Olongapo City against Fr. Shay Cullen of PREDA, Upper Kalaklan, Olongapo City. The undersigned was appointed as Acting City Prosecutor of Olongapo City for the purpose of conducting a preliminary investigation of this case. (see Regional Order No. 98-15 dated March 16, 1998). The preliminary investigation was conducted on March 31, 1998. XXXXXX It was his duty to act accordingly as head of the PREDA amd to determine the veracity of the statement of Ronald N. Payumo who was at the time was under the care of the 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 case against Fr. Shay Cullen is hereby dismissed for lack of substantiation.
SO RESOLVED.
Balanga, Bataan for Olongapo City
27 April 1998. .
RUBEN F. BERNANDO
1st Assistant Provincial Prosecutor Deputized
C O P Y A V A I L A B L E U P O N R E Q U E S T