Former presidential spokesperson Harry Roque has filed a counter-affidavit to refute the cyberlibel and libel charges brought against him by former Senator Antonio Trillanes IV.
Roque asked the Quezon City Prosecutor's Office to dismiss Trillanes' libel charges for lack of probable cause, arguing that his statements regarding Trillanes' "backroom channel" mission concerning the Scarborough Shoal constituted protected criticism of Trillanes' conduct as a public official.
He asserted that as a public figure, Trillanes should not be overly sensitive to criticism of his actions in high-stakes negotiations and that his livestream discusses matters of public interest such as sovereignty that deserve discussion and should be insulated from libel judgment.
Roque further stated that Trillanes failed to provide convincing evidence of actual malice in his statements, a necessary element for libel, and that the essential elements of libel and cyberlibel are absent in the video that forms the basis of Trillanes' complaint.
Additionally, Roque filed a counter-charge against Trillanes for violating RA 3019 (Anti-Graft and Corrupt Practices Act) and RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), accusing him of betraying public trust during his 2012 backchannel negotiations with Chinese officials.
Trillanes filed charges against Roque and others on May 14, accusing Roque of posting a video on Facebook claiming he gave the Scarborough Shoal to China.
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