Defense attorney Levito Baligod and 18 former soldiers plan to file a motion for reconsideration after Department of Justice (DoJ) prosecutors recommended charging them with conspiracy to commit cyberlibel and perjury over allegations against National Security Adviser Eduardo Año.

In a 17-page resolution dated 13 July, a DoJ prosecution panel and Prosecutor General Richard Anthony Fadullon found probable cause to indict the group, establishing reasonable certainty of conviction under the Cybercrime Prevention Act and the Revised Penal Code.

The DoJ approved filing 10 separate informations before the courts against the 18 former military personnel — referred to in reports as the “18 maleta boys” — comprising six counts of cyberlibel and four counts of perjury.

Baligod faces charges as a co-accused in select counts, alongside a separate information for one count of cyberlibel.

He disputed the findings in a message to reporters, arguing that prosecutors erred in their resolution because state investigators presented no evidence that any respondent uploaded the underlying joint sworn statement containing the allegations onto social media platforms.

“On the cyberlibel, there is no proof that any one of us posted in social media the Pinagsamang Sinumpaang Salaysay,” Baligod said, while also questioning the perjury findings by pointing to public statements from the Office of the Ombudsman that he said affirmed the credibility of several former soldiers involved.

The DoJ cleared Baligod of the perjury complaint due to insufficient evidence, though it maintained that probable cause exists to pursue criminal charges against the former soldiers.

The legal dispute stems from criminal complaints filed by Año, who denied allegations in an unsigned affidavit linking him to an alleged cash payoff involving President Ferdinand Marcos Jr. and other political figures, calling the accusations malicious and unfounded.

Prosecutors said the formal court filings will proceed in accordance with due process, while dismissing other related complaints for lack of evidence.