Trapped

As a veteran of libel cases, I consider the situation of Cauayan Vice Mayor Jerry Tabujara indeed a difficult one to get out of. He will be, to sum it up, trapped, in case libel charges are filed by Gov. Alfredo Marañon. This is not to pre-empt his moves in any way but, from the news reports, he is really in a bind.

Let’s recall the facts of the case.

Tabujara was accused of complicity in the murder of RTC Judge Henry Arles and had been named among the suspects together with Vice Governor Genaro Alvarez and Ilog Mayor Paul Alvarez, the vice governor’s son. The DOJ ordered them to file their counter-affidavits and he did.

In his affidavit, published in the newspapers, Tabujara claimed that the murder charge against him “was politically motivated and orchestrated” by the governor.

In his letter to Tabujara dated November 14, 2012, Francisco Rodriguez, Marañon’s lawyer, also claimed that Tabujara had written in his affidavit that Marañon had “unleashed a mad dog in the person of Mr. Philip Arles to bark and bite at (you), Mayor Paul Alvarez and Vice Governor Alvarez.”

Rodriguez said that Marañon “vehemently denies having any participation in your inclusion as a respondent in the Arles case and he denounces your statement for being outright lies and falsehoods.”

Rodriguez thus demanded that Tabujara “publicly retract the derogatory statements you have maliciously made against Governor Marañon within five (5) days (sic) from receipt” of the letter, “otherwise our client will not hesitate to institute legal action against you in order to protect and vindicate his rights”.

In this language of lawyers, this means Marañon will file a case against Tabujara. This is unusual for the governor who had always shown a long thread of patience and tells us that he really intends to do it unless Tabujara retracts.

Tabujara refused to issue any statement but I think he will dig in, otherwise he will be in a worse situation than facing the charges.

Suppose Tabujara retracts, what does that mean? The retraction will be an admission that he did not tell the truth in his affidavit. We must note that the affidavit he submitted to the DOJ was under oath and to retract would mean that he lied under oath.

He will thus be guilty of perjury, a crime worse than libel, although both are criminal offenses.

So Tabujara is trapped – either way, he decides he gets the ax unless the NBI will not pursue a perjury case in the event he retracts, but will also weaken the defenses of Alvarez and the rest because now Tabujara shall be considered to have admitted being involved in the Arles murder case.

After he had filed his affidavit I doubt that he will have a credible new one. More so because his defense in the Arles murder case is that the charges against him are “politically-motivated” which, in the first place, is a very weak defense and it is difficult to prove that, indeed, he is a victim of political vendetta.

His is the case of the proverbial dilemma of being between the rock and a hard place, or the devil and the deep blue sea.

Can he make a deal with the DOJ or with Marañon? He can, but what would be that deal? Would that take him off the hook?

One move he can take is to turn state witness, granting he is indeed one of the principals and he wants to save himself.

These are musings, as it were, but surely his lawyers are working hard to defend him as he deserves. But we can only develop the theory with the information he has so far given publicly under oath.

The lawyers of the governor had somehow trapped Tabujara with dire consequences for him and his group.

He has a way out, of course, but this will mean admitting the difficulty of his situation and, with humility, make a deal with the governor so that the impending case does not prosper. I think the governor could be magnanimous.

I don’t speak for the governor but these are abnormal times and abnormal situations demand novel ways of dealing with issues.

This will entail Tabujara’s repudiation of his alliance with Alvarez. This can be the most complicated and tricky obstacle.

But when one is trapped, should not one grab at even a straw? Tabujara can be adamant and can decide to go down fighting. That would be the spirit that great men are made of, provided one is on the righteous side of the road.*

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