A NEW judge will have preside over the libel case filed by former Cebu City mayor Tomas Osmeña against tri-media personality Pablito “Bobby” Nalzaro.
Judge Ricky Jones Macabaya of the Regional Trial Court (RTC) Branch 6 in Cebu City voluntarily inhibited himself from handling the case to avoid any suspicion of partiality.
The judge said he was the public prosecutor in a libel case filed by Osmeña against businessman Jonathan Guardo in 2010.
Macabaya, at that time, was the resident prosecutor of RTC 18, where the case against Guardo was tried.
The case was settled in 2011. Osmeña, then a congressman, withdrew the libel charges against Guardo, who issued a public apology to Osmeña and the Cebu City government.
In a text message to CDN, Nalzaro welcomed the decision.
“I thank him for having delicadeza,” he said.
The judge ordered Nalzaro’s arrest after the case was raffled to him last June 8. Nalzaro posted bail of P10,000 on June 11.
His lawyers are waiting for the Department of Justice to review the findings of Prosecutor Jesus Rodrigo Taga-an, who indicted Nalzaro.
Osmeña said he understands the judge’s decision.
He said dropping the case and forgiving Nalzaro would take much time.
“I have been insulted by Nalzaro for 25 years, and it would take me 25 years to forgive him,” he said in a text message to CDN.
Osmeña charged Nalzaro with libel for writing in his Sun.Star column that he had fabricated charges against Cebu City Treasurer Diwa Cuevas in an attempt to sabotage the administration of Mayor Michael Rama.
The prosecutor said the columnist “maliciously” maligned Osmeña in his Oct. 25, 2014 column.
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