Akbayan's Cendaña invokes free speech in seeking dismissal of Quiboloy libel complaint

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Akbayan party-list Representative Percy Cendaña on Friday asked the Pasig Office of the City Prosecutor to dismiss the libel and cyber libel complaint filed against him by detained religious leader Apollo Quiboloy.

In his counter-affidavit, Cendaña argued that his remarks during a radio interview, which Quiboloy cited in his complaint, are protected by the constitutional right to freedom of expression and constitute fair comment.

He said his statements were made in the context of the criminal cases Quiboloy faces in the Philippines and the United States, including charges of qualified human trafficking, child abuse, and sex trafficking.

Among the statements Cendaña made during the interview that Quiboloy cited in his complaint were:

“Kaya pa rin niyang manakot nung kanyang mga naging biktima while he is incarcerated.”

(He can still intimidate his victims while he is incarcerated.)

“Nakita naman natin kung papaano isa-isa yung mga witnesses tinatakot at hinaharass nila para bumaligtad, no? At kahit yung mga biktima, tinakot at hinarass nila para hindi ituloy ang laban.”

(We have seen how witnesses were threatened and harassed to change their statements. Even the victims were threatened and harassed to discourage them from pursuing their cases.)

“Hindi ito ano, hindi simpleng misconduct lamang. Ito ay ano, talagang malala na heinous crime, pag pinag-usapan natin yung sexual exploitation na mga... sexual abuse ng mga minors.”

(This is not simple misconduct. These are serious, heinous crimes, particularly when we talk about the sexual exploitation and sexual abuse of minors.)

“Pero sa tingin ko napakalaking bagay para sa kanila at sa kanilang mga pamilya na itong si Quiboloy ay masabi na guilty doon sa napakaraming krimen na ginawa niya mismo sa mga kasama niya sa kanyang relihiyon o simbahan, at ganun din doon sa mga kababayan natin na inaabuso niya dito ng sex trafficking, fraud at coercion.”

(But I think it would mean a great deal to them and their families for Quiboloy to be found guilty of the numerous crimes he allegedly committed against members of his religion or church, as well as against fellow Filipinos who were subjected to sex trafficking, fraud, and coercion.)

Cendaña cited Article III, Section 4 of the 1987 Constitution, which protects freedom of speech and expression.

"This protection assumes particular importance when the subject of the speech concerns criminal justice, government investigations, the activities of influential public personalities, and the conduct of public affairs. The complainant has not established the elements necessary to bring my statements outside the protection afforded to good faith public commentary under the Constitution and applicable jurisprudence," Cendaña said.

He also argued that his statements, when read in the context of the entire interview, were not defamatory because they did not directly accuse Quiboloy of being guilty of the crimes charged against him.

“Hence, the claim of the complainant that the statements 'state(s) the conclusion, without termination of my trial, that I have heinously abused or victimized women' are erroneous interpretation of the aforementioned statements,” Cendaña said.

Cendaña said that his remarks were "made with good motives and for justifiable ends."

"It is not equivalent to a judicial declaration of guilt," he said.

GMA News Online has reached out to Quiboloy's counsel, Ferdinand Topacio, for comment. This story will be updated once his response becomes available. —VBL, GMA News