Another lousy libel suit is forthcoming.
This is the libel suit that the disgraced former Commission on Elections Chair Benjamin Abalos is threatening to file against Rodolfo "Jun" Lozada.
Let me put it simply.
If litigated on the merits, the libel suit will not prosper because the element of malice is absent.
Much less, the element of actual malice is just not there.
Assuming Lozada committed errors in his factual narrations, it is not lieblous.
Errors of fact is not tantamount to libel.
Lozada even did not want to testify in the Senate.
He was forced to do so due to circumnstances beyond his control.
I think this is a very strong indication that negates malice.
But as usual, libel will most likely be the most convenient legal tool to harrass.
More than being a harassment tool, I think Abalos wants to use libel to ultimately conceal the truth, and to hide his guilt.
At this point however, I don't think Jun Lozada is on a retreat mode.
The die is cast.
As was said earlier, Lozada has crossed the rubicon.
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