Lawyer Levito Baligod and 18 former soldiers will file a motion for reconsideration (MR) of a Department of Justice (DOJ) resolution that found probable cause to indict them for conspiracy to commit cyberlibel over allegations made against National Security Adviser Eduardo Año.

In a message to reporters, Baligod said the MR would argue that the DOJ panel of prosecutors and Prosecutor General Richard Anthony Fadullon erred in finding sufficient grounds to pursue the cyberlibel complaint.

Baligod maintained that prosecutors failed to present evidence showing that any of the respondents posted on social media the Pinagsamang Sinumpaang Salaysay, which contained the allegations against Año.

"On the cyberlibel, there is no proof that any one of us posted in social media the Pinagsamang Sinumpaang Salaysay," Baligod said.

In its 17-page resolution dated 13 July, the DOJ panel recommended the filing of an information against Baligod and the 18 former soldiers for conspiracy to commit cyberlibel under Article 353 of the Revised Penal Code in relation to Section 4(c)(4) of the Cybercrime Prevention Act. Prosecutors said the evidence established probable cause.

Baligod also challenged the DOJ's findings in the separate perjury complaint against the former soldiers.

"On the perjury case, the established truth is the evident credibility of the randomly selected eight of the 18 former soldiers as stated in the public announcement of the Office of the Ombudsman," he said.

The DOJ recommended filing charges for conspiracy to commit perjury under Article 183 of the Revised Penal Code against the 18 former soldiers but cleared Baligod of the perjury complaint for lack of prima facie evidence.

The complaints stemmed from allegations linking Año to an alleged cash payoff involving President Ferdinand Marcos Jr. and other political figures.

Año denied the allegations and accused the respondents of spreading malicious claims contained in an unsigned affidavit.