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Libel in a Counter-Affidavit?

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1 Libel in a Counter-Affidavit? on Sat Jan 12, 2013 10:27 pm

Phileas Fogg

Arresto Menor

Please excuse me, I have only just registered having found this site, I have a particular question to ask that, from trying to communicate with attorneys and/or searching the web, I have been unable to find a straightforward answer to.

I have found it necessary to recently file a case against a former employee for absconding with approximately P500,000.00 of my monies and an affidavit was filed against this former employee accordingly.

He and his partner have responded with Counter-Affidavits which amount to little more than a catalogue of lies and libellous discriminations against my good character.

I am a well respected businessman both in my home country and here in the Philippines yet this former employee, of Australian nationality, has stated in his Counter-Affidavit, to the effect, that I am on the run from the authorities in my home country, that I cannot possibly return to my home country, because I have defaulted, I ran away from, significant debts.

Nothing could be further from the truth, at the point I emigrated from my home country everything was and remains paid up, this case is about him absconding with a significant amount of my monies and has nothing to do with my good character nor anything that may, or may not, have occurred in other country(s).

It is my wish to sue this individual for libel, for putting in writing, that will be, and has been, read by others, damaging statement(s) against my good character.

Being naive on Philippines law, and being in a location where a reliable attorney is hard to find, I have searched on the web and from what I have read my understanding is that there is a privilege in Affadavits where one can write things that would otherwise constitute libel but only if they are pertinent to the case in question.

In this circumastance something that may have, indeed didn't, happen on the other side of the world bears no relevance to this case here in the Philippines and my question is:


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