Roque files counter-affidavit vs Trillanes' libel raps

MANILA, Philippines — Former presidential spokesperson Harry Roque has filed a counter-affidavit in response to the libel charges against him by former Sen. Antonio Trillanes IV.

In a 26-page counter-affidavit filed by Roque before the Office of the City Prosecutor dated July 18, he said that his pronouncement concerning the “backroom channel” mission regarding the Scarborough Shoal is a criticism for Trillanes' conduct as a public official.

“As a public figure, Complainant should not have been onion-skinned in reacting to my criticisms of his conduct in the 'high- stakes negotiations comprising of backchannel mission.' Such criticisms are insulated from libel judgment and are covered by the doctrine of privileged communication,” Roque’s counter-affidavit read.

“Other than his self-serving statement that I caused the publication of the assailed remarks with complete knowledge of their falsity and reckless disregard of the same, Complainant has not made any convincing argument that there is actual malice in my statements,” it added.

He also said that the elements of the crimes of libel and cyberlibel are missing in the video concerned in the case where Roque spoke about Trillanes.

“Absent any proof of actual malice in the allegedly libelous statements in my video, there is no Cyberlibel or Libel since an essential element of the crime is missing in the statements made in the video,” it read.

Aside from Roque, Trillanes also filed a case against pro-Duterte vloggers and hosts of Sonshine Media Network International (SMNI) over persistent attacks and "fake news" on May 14.

The former senator sued them after accusing him of “giving away” the Scarborough Shoal to China in 2012 through different videos posted on social media in March and April 2024.

Trillanes filed two distinct charges of libel: one under the Revised Penal Code (RPC) and another for cyber libel under the Cybercrime Prevention Act.

Section 6 of the Cybercrime Prevention Act states that if an offense defined under the RPC is also punishable under this law, the penalty upon conviction will be one degree higher.

Aside from the counter-affidavit, Roque also lodged a counter-charge against Trillanes, saying