Mandap with her lawyers from FLAG, Atty Ed Lao and Judge Meinrado Paredes, submitted a hefty counter-affidavit, which led to the 3 cyberlibel cases being junked |
The baseless persecution is over. A Cebu City judge has quashed three cyberlibel cases filed by PinoyCare Visa Center, Inc. founder Prisca Nina Mabatid against The SUN editor and lawyer Daisy CL Mandap for lack of probable cause.
The decision by
Regional Trial Court Judge Ramon B. Daomilas, Jr. was promulgated on November
11, on the same day the Department of Justice in Manila indicted Mabatid, her partner
Russ Mark Gamallo and four others, for large-scale illegal recruitment and
multiple counts of estafa. (Find the story here: https://www.sunwebhk.com/search?q=Mabatid+large+scale+illegal+recruitment)
Judge Daomilas’s
decision ended Mabatid’s attempt to silence The SUN in reporting about numerous
complaints filed against her by Filipinos in Hong Kong and in the Philippines,
over her group’s allegedly fraudulent offer of work-study visas to Canada.
Judge Daomilas' decision ends Mabatid's libel claims against Mandap |
Reacting to the
dismissal of the cases, Mabatid committed yet another flagrant disregard for
the law when she made the baseless and malicious claim in a public Facebook
post on December 4 that The SUN is “notorious for extorting money” and has
persistently spread falsehoods against her since 2023.
In truth, The SUN Hong Kong has maintained a spotless record in the 29 years that it has been in circulation. Mandap has even received two prestigious awards attesting to her exemplary work for the Filipino community in Hong Kong: a Hong Kong Chief Executive's Commendation for Community Service in 2011, and a Distinguished Alumna in Public Service from the University of the Philippines Alumni Association in 2014.
In contrast, Mabatid has been publicly censured in two recent cases, one where she was held administratively liable for ordering City Hall staff to sell poultry amid the pandemic, and the second was a Supreme Court judgment allowing the nullity of her marriage on the ground of her repeated infidelity. Links below:
https://www.sunstar.com.ph/amp/story/cebu/seares-ex-councilor-ni%C3%B1a-mabatid-found-guilty
https://sc.judiciary.gov.ph/wp-content/uploads/2023/09/234279.pdf
Mabatid also
insisted, in defiance of Judge Daomilas’ ruling and a lack of understanding of the
country’ judicial process, that Mandap is still facing cyberlibel charges and
has three live warrants of arrest issued against her.
In truth, Mabatid’s
only cause of action now is to go to the Court of Appeals on certiorari to
assail the judge’s decision - on shaky ground.
Mabatid's recruitment in HK on Feb 19, 2023 was well-publicized |
Judge Daomila’s decision came just over a month after Cebu City prosecutors, on reinvestigation, recommended on October 10, 2024, the dismissal of the cyberlibel complaints filed by Mabatid against Mandap in July 2023, for lack of probable cause.
The complaints stemmed from three articles published in The SUN about a group of overseas Filipino workers demanding a refund of the Php132,000 they each paid Mabatid and her companies, PCVC/Opportunities Abroad for the student visas promised them that never materialized.
Mabatid's recruitment in HK was captured live on video, and posted on YouTube |
The first article dealt with a confrontation between the claimants and Mabatid, witnessed by Hong Kong police officers; the second on Mabatid’s failure to show up as promised at the Philippine Consulate to refund their money; and the third was over calls by Unifil-Migrante to have Mabatid charged for large-scaled illegal recruitment and money laundering.
After the HK complaints, Migrante Intl staged a protest against Mabatid's alleged illegal recruitment and fraud across the country which led to DOJ to investigate |
Fiscal Gariando
added, “On the other hand, respondent Mandap adduced voluminous evidence
(annexes 7 to 41) in support of her
defense that the news articles are not defamatory against the complainant but
deal only with the complaints filed by OFWs working as domestic helpers in Hong
Kong that were reported to the government.”
Fiscal Gariando says Mabatid failed to produce a single evidence to support her claim |
“With the amount
of evidence adduced by respondent Mandap, it cannot be concluded that the
subject articles were mere unsubstantiated attacks on the complainant as what
the previous investigating prosecutor found in the assailed Joint Resolution.
Rather, the subject articles can be considered fair commentaries on matters of
public interest, which are likewise privileged as the news articles talk about
the plight of concerned OFWs being scammed while abroad,” continued the
prosecutor.
Judge Daomilas ordered a reinvestigation and quashed the warrants of arrest on July 16, 2024 at the request of Mandap, a permanent resident of Hong Kong who said she never received a copy of the complaints which were purportedly sent to her address in Quezon City.
She became aware of the case only when she went to the Philippines for a visit in March 2024, and received a letter from the Cebu City prosecutors informing her of a resolution dated October 24, 2023 indicting her for three counts of cyberlibel, had been promulgated.
Mandap (with her back turned) is shown talking to Mabatid in HK on June 18, 2023 after complainants called the police for help in demanding a refund |
On March 6,
2024, Mandap file a motion for reinvestigation and another for a stay of
proceedings on the ground of lack of due process. These were then followed up in
court by her lawyers from Free Legal Assistance Group, Atty Edmund Lao and
Judge Meinrado Paredes.
In her counter-affidavit, Mandap refuted all of Mabatid’s claims, including the allegation that the articles were politically motivated. She said she never met Mabatid until June 18, 2023, when was asked by the Hong Kong complaints to witness their attempt to ask for a refund of the money they paid for the study-work visa that did not materialize
Mandap showed proof that several other media publications in Hong Kong had written about the same complaints made by some 50 Filipino migrant workers against Mabatid, which were cited in The SUN articles. (Sample of a news article from Dimsum Daily in HK i here: https://www.dimsumdaily.hk/at-least-50-filipino-domestic-helpers-in-hong-kong-allegedly-scammed-by-pinoycare-visa-centre-in-the-philippines/)
Screen shot of the Dimsum Daily article |
In addition, she attached a copy of Senate Resolution No.905 authored by Senator Raffy Tulfo, directing the appropriate Senate Committee to Conduct an Inquiry in Aid of Legislation on the Alleged Illegal Practices of PinoyCare Visa Center and Other Recruitment Agencies Exploiting the Student Visa-To Work Permit Pathway. (See the full text here: https://legacy.senate.gov.ph/lisdata/4329239383!.pdf )
A copy of the Subpoena Ad Testificandum issued to Prisca Nina Mabatid, Founder of PinoyCare Visa Center, Inc. to respond to the allegations at a hearing on February 13, 2024 by the Senate Committeeon Migrant Workers, was also attached to Mandap's pleadings.
Subpoena issued to Mabatid to appear at Senate Committee hearing |
Mandap also presented video recordings, sworn statements by the OFW-complainants and their case officer at the Mission for Migrant Workers, a letter from the Hong Kong Police and a certificate from the Consulate, to belie Mabatid’s claim that she never undertook any recruitment seminar in Hong Kong.
HK complainants come face to face with Mabatid outside the orientation venue in June 2023 |
In her
complaint, Mabatid claimed she was in Hong Kong to celebrate Father's Day with her family, and just happened to be at the venue where PCVC-Opportunities Abroad was holding an orientation seminar on June 18, 2023 because she was supposed to meet a friend there. She
said she merely helped the police with their inquiries, which lasted about three hours, being a good citizen.
Mabatid claims she is not connected with PCVC and was in HK only to celebrate Father's Day |
But this was countered by Mandap by attaching to her counter-affidavit voluminous documents belying Mabatid's claim.
Among the documents she submitted were Securities and Exchange Commission certificates issued to PinoyCare Visa Center, Inc. and Opportunities Abroad Visa Processing Services, Inc. which clearly showed Mabatid’s connections to both.
PCVC registration shows Mabatid is the majority stockholder in the company |
The PCVC certificate issued on May 24, 2011 shows her as its founder, major stockholder and chief executive officer. The one issued to OAVPS on March 13, 2023 (which was nearly a month after Mabatid and her group collected money from the OFW complainants in HK) shows the CEO as her former partner, Clark Jueco, and her relatives including her mother, as incorporators.
Curiously, in
the DOJ Resolution indicting Mabatid and five of her associates, Gamallo was cited
as claiming to be its CEO and President, and not their co-accused, Jueco. Gamallo
and their three other co-accused , Adam Hechanova, Clint Victor Caingles and
Noverna “Bernie” Uy, also claimed to be
the incorporators of OAVPS and not Mabatid’s mother and three other relatives.
OAVPSI certificate showing the real incorporators were mostly Mabatid's close relatives |
Apparently alarmed by the order to reinvestigate the case, Gamallo, acting for OAVPS, made a last-ditch bid to file another complaint for cyberlibel against Mandap.
Basahin ang detalye! |
However, the complaint was summarily dismissed by Senior Assistant City Prosecutor Rodulph Joseph Val J. Carrillo on October 9, 2024, who ruled that there was no probable cause to file the case in court. SACP Carrillo said the article Gamallo had complained of was “mainly a narration of facts and what remarks are made are based on the narration.”
Deputy City
Prosecutor Maria Luisa G. Ratilla approved the recommendation dismissing the
complaint on October 24.
Opportunities Abroad flyer showing its offer of study & work visa in Canada in 3 months |
In recommending for dismissal of the main cases filed by Mabatid, Fiscal Gariando said: “it is a defense to an action for libel that the words complained of are a fair comment on a matter of public interest. The reason for this is that the freedom of speech is not only one of the constitutional rights of a person but it is also absolutely essential to the democratic rules under the aegis of which our libel law was evolved… Hence, the jealous vigilance with which the free play of open criticism upon all matters of public interest is safeguarded.”
The Department of Migrant Workers has issued warnings against PCVC |
The fiscal recommended
not just the dismissal of the complaints against Mandap, but also of the three
informations filed with the court dated Oct 24, 2023, indicting her for
cyberlibel.
His recommendation was submitted for approval by SACP Carrillo and affirmed by DCP Ratilla. In less than a month, Judge Daomilas concurred in their findings and ordered all the cases dismissed.