The Court of Appeals (CA) has upheld an earlier decision dismissing the libel case against broadcast journalist and now Senator-elect Erwin Tulfo, along with his co-accused, effectively bringing the long-running legal battle to a close.
In a resolution dated 28 May, penned by Associate Justice Eduardo Ramos Jr., the CA ruled that the private complainants — led by GMA Network executives Felipe Gozon, Gilberto Duavit Jr. and others — had no legal standing to seek reconsideration of the dismissal without prior approval from the Office of the Solicitor General (OSG).
The court emphasized that the lack of the OSG’s conformity rendered their motion procedurally defective. It also noted that the complainants’ subsequent petition for certiorari was filed beyond the 60-day deadline, making the trial court’s dismissal of the case final and executory.
Citing the 2022 Supreme Court ruling in Austria v. AAA, the CA reiterated that private complainants in criminal cases cannot independently appeal a dismissal without the OSG’s consent. While the complainants could have obtained the OSG’s approval within the reglementary period, they failed to do so.
The appellate court further underscored that the grant of Tulfo’s demurrer to evidence constituted an acquittal, thus invoking the constitutional protection against double jeopardy. The justices stressed that no exceptions to this principle — such as fraud, suppression of evidence, or witness harassment — were present in the case.