The city prosecutor’s office in Mandaluyong dismissed the complaints filed by gaming tycoon Charlie “Atong” Ang against e-sabong whistleblower Julie “Dondon” Patidongan.
In a 19-page Resolution dated September 30, the prosecutors recommended the dismissal for lack of prima facie evidence with reasonable certainty of conviction.
Among the charges filed by Ang includes robbery with violence against and intimidation of persons, grave threats, grave coercion, slander, and incriminating innocent persons based on the Revised Penal Code in relation to Cybercrime Prevention Act of 2012.
Aside from Patidongan, a certain Alan “Brown” Bantiles was also named respondent.
“In conclusion, the current complaint lacks the necessary factual details and sufficient proof to establish the essential elements of libel under Articles 353 and 355 of the Revised Penal Code. It also fails to meet the standard of prima facie evidence with reasonable certainty of conviction required before a case can move forward to prosecution,” the Resolution read.
“Without such a foundation, the libel charge cannot be upheld without turning the prosecutorial process into mere speculation-something this Office will never sanction,” it added.
In 2023, the Department of Justice (DOJ) issued Department Circular 8, which provides that prosecutors must “carefully assess all their cases and to determine if each has a reasonable certainty of conviction based on the evidence in hand.”
Further, the circular also notes if there is no such reasonable certainty of conviction, the prosecutor is ordered to immediately file the proper motion to withdraw information.
Patidongan accused Ang of allegedly masterminding the disappearance and execution of several online cockfighting enthusiasts, collectively known as the ‘missing sabungeros,’ which the businessman denied.
