The Department of Justice has indicted lawyer Lorna Kapunan for two cases of slander or grave oral defamation, in connection with her accusations hurled against University of Santo Tomas law dean Nilo Divina.
In two separate resolutions released Wednesday, the DOJ said it finds probable cause to prosecute Kapunan for slander under Article 358 of Revised Penal Code for her statements against Divina during TV interviews in 2017.
The investigating prosecutors said Kapunan is criminally liable for her allegation that Divina and his law firm paid millions to former Commission on Elections chairman Andres Bautista for favorable ruling on their client and another insinuation that the law dean was liable for the fatal hazing of UST law freshman Horacio Castillo III by his fraternity Aegis Juris.
“There is basis to charge respondent Atty. Lorna Kapunan for the crime of grave oral defamation for the statements that she made during her interview with ANC on 26 September 2017 considering the presence of all its elements,” stated the first resolution approved by Acting Prosecutor General Richard Anthony Fadullon.
The DOJ ruled that the statements made by Kapunan during the said interview —that Divina and his law firm made humongous payments to then Comelec chairman Andres Bautista to sway him to act in their supposed client’s favor—“were imputations of a crime which were made orally, publicly and maliciously and were all directed to the complainants.”
The prosecutors made the same conclusion on the second case.
“We find basis to charge respondent for grave oral defamation for the statements respondent made during an interview with ANC News Channel on 27 October 2017. It would appear that respondent imputed the commission or violation of the Anti-Hazing Law (R.A. 8049) against the complainant by being the recruiter of Horacio Castillo and assuring the latter that there would no physical activity or hazing,” read the other resolution.
“The respondent also insinuated that the complainant was obstructing the apprehension and prosecution of criminal offenders when he allegedly coddled the members of the Aegis Juris fraternity members who participated during the hazing rites when they went to the dean’s house,” it said.
The DOJ panel composed of Senior Assistant Prosecutors Rassender Rex Gingoyon and Olivia Torrevillas and Associate City Prosecutor Laurence Joel Taliping, however, dismissed the complaints of Divina against Kapunan for libel.
It said that the element of publication was missing in these cases since it was not proven that Kapunan was the source of the allegations against Divina.
The DOJ earlier indicted Kapunan for unjust vexation her derogatory statements against University of Santo Tomas law dean Nilo Divina in Dec. last year.
The DOJ ruled that Kapunan’s statements calling Divina “an obstructionist to justice” and “appear[ing] to be above the law” had caused “annoyance, irritation, vexation and torment” to the law dean.
