Ogie Diaz files perjury complaint vs Bea Alonzo amid cyberlibel charge

(left) Ogie Diaz and Bea Alonzo | Photo: Instagram/@ogie_diaz, @beaalonzo

Entertainment talk show host Ogie Diaz is not taking the cyberlibel complaint filed against him by Bea Alonzo sitting down as he not only filed his counter-affidavit, but also filed a complaint for perjury and damages against the actress on June 18 before the Quezon City Prosecutor’s Office.  

Through his lawyer Regie Tongol, Diaz and co-respondent Mama Loi, whose real name is Loi Villarama, sought to dismiss the P30 million in damages sought by Alonzo in a filing made on Tuesday, June 18, before the Quezon City Prosecutor’s Office. 

In their 70-page counter-affidavit, Diaz and Mama Loi called out Alonzo for not clearly stating in her complaint-affidavit the specific individuals who uttered the specific “defamatory utterances” that she complained of, making it appear that it was all Diaz who made them.

This would show Alonzo’s failure to prove “actual malice” on the part of the respondents, they said.

“They even failed to show clear and convincing proof of ‘actual malice’ whether in the form of ‘reckless disregard for the truth’ or ill-motive which is a legal requirement and standard if the complainant is a public figure. The opinions expressed by Mr. Diaz’s co-hosts on the November 19, 2022 episode were merely based on a common truthful observation of the netizens of the performance of her show, ‘Startup PH,’ as pointed out in their several comments online,” a statement issued by Tongol read.

Respondents further said that Alonzo’s two counts of cyberlibel even included the November 19, 2022 episode in the “Ogie Diaz Showbiz Update” YouTube channel, which means that it already missed the one-year prescriptive period within which to file her complaint for cyberlibel.

For the other count of libel pertaining to the February 12, 2024 episode of Diaz’s vlog on Alonzo allegedly being offered projects after giving first crack to fellow Kapuso actress Marian Rivera, respondents claimed their utterances were not defamatory as such occurrences were not unusual in local and international show business, much less in their home network, “given that Mrs. Rivera-Dantes is the undisputed queen of GMA.”

“By being an actress, complainant (Alonzo) in effect gave the public a legitimate interest in her life and in her work. Therefore, the subject posts and utterances by Mr. Diaz’s co-hosts are within the realm of fair comment on her work as one of the actresses in the Philippines contrary to their claim in the media that it was about her personal life. Under our laws ‘fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander’ because democracy would be meaningless without free discussion of public affairs, even at the cost of a few bruised egos,” their lawyers further stated.

As for the perjury case, the complaint pertained to the inclusion of Mama Loi in Alonzo’s cyberlibel charge even though she did not utter anything in the vlog.

Interviewed by INQUIRER.net on the phone, Tongol further said Alonzo also perjured herself when she declared Quezon City to be her place of residence when she had been stating in public and the media that she maintains a residence in Spain.

“This raises the affirmative defense of improper venue that merited the dismissal of the cyberlibel case,” he said.

At the same time, Diaz and Mama Loi underscored the need for writers and journalists such as them not to be “cowered by the filing of cases just to suppress their freedom of expression, and of the press by public figures who are too onion-skinned.”

The respondents’ lawyer also reserved the right to file counter charges against Alonzo for malicious prosecution and damages for suppression of their freedom of the press and expression in due time.

‘No ill feelings’

Last May, Alonzo filed three separate cyberlibel complaints against Diaz and veteran talk show host Cristy Fermin, including their respective co-hosts in their online programs.

At the time, Diaz underscored that he has no hard feelings against the “One More Chance” actress, as he affirmed that they both have the right to defend themselves.

“Basta ang importante, sa totoo lang, hindi ako galit kay Bea Alonzo. Naniniwala ako na karapatan niya ‘yan. Kung feeling niya na nasaktan natin siya [sa mga nai-report namin], karapatan niya ‘yun,” he said.

(The important thing is, honestly, I’m not mad at Bea Alonzo. I believe that is her right. If she feels that we have hurt her [with what we have reported], that is her right.)

“Karapatan din naming idepensa ang aming sarili at ipaglaban kung ano ang para sa’min. Wala akong naramdaman na galit or hate… Ayaw na naming magbuhat bangko at isa-isahin ang kabutihan na [ginawa namin] para sa artista… Kapag wala na kaming bashers, hindi na kami relevant,” added Diaz.

(We also have the right to defend ourselves and fight for what is fair for us. I didn’t feel any anger or hate. We don’t want to raise our chair and single out the goodness that [we did] for the artist. When we don’t have bashers anymore, we are no longer relevant.)