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Estrañero's cyber libel complaint intended to ‘censor, intimidate, and silence his critics’ -Comafay

Writer's picture: Leonora Lo-oyLeonora Lo-oy

Tabuk City, Kalinga — Attorney Errol Comafay files counter-affidavit requesting for dismissal of cyber libel complaint filed by Mayor Darwin Estrañero against him, stating it is a lawsuit filed by the mayor that is intended to ‘censor, intimidate, and silence his critics’.


In said counter-affidavit, Comafay ‘vehemently’ denied posting or causing the publication of his affidavit of complaint against the incumbent mayor and about his interview with the iFM Cauayan on the Oplan Salacnib Facebook page.


Estranero believes Comafay supplied the documents published by Oplan Salacnib.


Comafay also emphasized he is not the one using and managing the Oplan Salacnib page and that the mayor has, in fact, not presented any evidence about this. But even granted that he published the alleged posts, Comafay stated he still cannot be held liable for libel. This is because the complaint he filed at the Ombudsman against Estrañero which was released by the said page is a ‘privileged communication’.

Oplan Salacnib is a Facebook Page that has been at the forefront of exposing the alleged corruption of Mayor Estrañero through the publication of various public documents showing claimed anomalous transactions, including the graft and corruption charges filed against him.


He also argued that the same privilege is applied to his interview with the iFM Cauayan.


Moreover, Comafay wrote that his statements in his affidavit complaint against the mayor as well as his statements in his interview with the iFM Cauayan are ‘fair comments and made without malice’.

With these, Comafay, being among the critics of Estrañero, asked for the dismissal of the cyber libel case filed by the latter against him ‘for being a Strategic Lawsuit Against Public Participation (SLAPP)’.


“This lawsuit is intended by Darwin Estrañero to censor, intimidate, and silence his critics. The fact that he filed similar complaints of cyber libel against other persons who are critical against him clearly shows that his complaints are SLAPP, which are intended to harass and burden his critics,” Comafay stated.

Lastly, Comafay stated in his counter-affidavit that the mayor’s prayer for the award of damages and attorney’s fees in his favor is ‘erroneous and misdirected’ saying, “the Office of the City Prosecutor is without authority to award damages and attorney’s fees.”


The said counter-affidavit was filed this October 26, 2021, at the Office of the City Prosecutor of Tabuk.


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