Bangayan on ‘David Tan’ alias: I was merely quoting libelous article

Businessman Davidson Bangayan has insisted he should not be slapped with perjury charges, as he continued to deny that he is not big-time rice smuggler David Tan.

Bangayan has been unwavering in his denial that he's Tan despite formal documents submitted to the Department of Justice (DOJ) showing otherwise.

The documents are about a libel case he had filed against a broadsheet and Jesus Arranza, chairman of the Federation of Philippine Industries, in 2005.

In his counter-affidavit, however, Bangayan said his lawyers merely borrowed the phrase “Davidson Bangayan aka David Tan” from the libelous article and used it in his affidavit.

“Being a layman, I understandably relied heavily on my lawyers' advice that it was necessary for my complaint to quote the exact wording of the libelous article,” said Bangayan.

Bangayan claimed he made this explanation clear during a Senate inquiry on rice smuggling last February 3.

“I had no hand in the preparation of the purported Annex I to the complaint for libel... Looking back, there may have been some oversight on my part, and I should have exercised more prudence so that the statements contained in the complaint for libel could not have been misconstrued as an admission as regards my identity,” Bangayan said.

He, however, argued that the lack of prudence, oversight, or simple negligence “[does] not necessarily translate into the presence of malice or evil intent on my part.”

Bangayan said adopting the contentious phrase from the libelous article should not be considered “conclusive evidence” against him.

On Feb. 7, the Senate filed its 11-page complaint against Bangayan for supposedly lying about his identity during a congressional probe on rice smuggling.

Bangayan was accused of violating of Article 183 of the Revised Penal Code, which refers to "False testimony in other cases and perjury in solemn affirmation."

Senate agriculture committee chairwoman Cynthia Villar said her panel cited Bangayan for contempt after he repeatedly denied being David Tan despite court records showing otherwise.

Bangayan has been linked to Starcraft, one of the rice importers whose rice shipments were earlier seized by authorities for having no government permit.

Customs Commissioner John Sevilla had earlier said they cannot pursue cases yet against Bangayan because he was not named as a consignee of the seized rice shipments.

However, Sevilla said they will study whether Bangayan violated Customs law as a financer of the cooperatives linked to rice smuggling. — KBK, GMA News