Davidson Bangayan (in photo) aka David Tan. INQUIRER FILE PHOTO
MANILA, Philippines鈥擳he Manila City Prosecutor鈥檚 Office has dismissed the libel and grave slander charges filed early this year by controversial businessman Davidson Bangayan against Federation of Philippine Industries chair Jesus Arranza for tagging him as the 鈥淒avid Tan,鈥澛� the alleged 鈥淕oliath of rice smuggling鈥� in the country.
In a six-page resolution, Assistant City Prosecutor Raul Husmillo said the head of the FPI, a group of some 800 business firms in the country, was 鈥渕otivated not by malice but by his social duty as a crusader against smuggling鈥� in his public statements against Bangayan.
鈥淢oreover, Arranza uttered the supposedly defamatory statements in connection with the burning issue of the day, which is rice smuggling, and his statements thus partook of the nature of commentaries on matters of public interest and were therefore privileged,鈥� he noted.
Husmillo brushed aside the complainant鈥檚 assertion that he was not a public figure, saying it was 鈥渋mmaterial.鈥�
鈥淲hat is important is that he is involved in a matter of public interest,鈥� he said.
According to Husmillo, Bangayan 鈥渕akes much of the fact that Arranza claims him to be David Tan.鈥�
鈥淭his is, however, fully supported by evidence, among them the complainant鈥檚 own documents,鈥� he pointed out. The evidence included 鈥渁 certification issued by the Philippine National Police on May 5, 2005, referring to Bangayan as Davidson Bangayan, a.k.a. David Tan,鈥� and 鈥渁n affidavit of a Singaporean businessman engaged in the scrap metal trade identifying Bangayan as Davidson Bangayan, a.k.a. David Tan.鈥�
Husmillo said the 鈥渘ews report that was complained of, yields the conclusion that Arranza merely raised the possibility that the David Tan who was involved in rice smuggling could be Bangayan.鈥�
鈥淓ven if it turns out to be false, the same is not malicious within the purview of the law on libel,鈥� he added.
Husmillo鈥檚 resolution, dated April 2 and reviewed by Senior Assistant City Prosecutor Winnie Edad, was approved recently by Senior Deputy City Prosecutor Eufrosino Sulla.
Earlier, Bangayan dismissed Arranza鈥檚 public statements against him as 鈥渇alse,鈥� 鈥渄efamatory,鈥� 鈥渕alicious鈥� and 鈥渕isleading.鈥�
The 33-year-old scrap metal trader also said he had 鈥渘ever engaged in any smuggling activity, yet (Arranza) has persistently been linking me to the reported rice smuggling without the benefit of solid evidence.鈥�
The FPI chair, however, said 鈥渋f there is any person whose actions are tainted with malice, it is (Bangayan) for singling me out in the face of other accusers pointing to him as David Tan.鈥�
鈥淭here are other notable persons who have categorically pointed to him as Davidson Bangayan, a.k.a. David Tan. Among them were Davao City Mayor Rodrigo Duterte and Justice Secretary Leila de Lima, but the complainant chose to file this suit against me alone,鈥� he also said.
Arranza added he 鈥渃ould not help believing that the case is purely harassment and calculated to intimidate me into silence so that I will be daunted from exposing him for who he really is.鈥�