Journalists score on libel
raps filed by Mike Arroyo
JOURNALISTS who are suing First Gentleman Jose Miguel Arroyo for damages for his propensity to file libel charges yesterday scored a victory after the Court of Appeals turned down anew Arroyo’s bid to dismiss the same damage suit.
The newsmen are seeking P12.5 million in damages before the Makati regional trial court in response to the flurry of libel cases that Arroyo filed since 2003 – 10 against 45 members of the press, a number unprecedented in Philippine history.
All these libel cases that Arroyo filed against the journalists prospered, with the city prosecutor of Manila supposedly finding probable cause to charge them.
In a 23-page decision penned by Associate Justice Sesinando Villon, the CA’s Ninth Division sustained the ruling of Judge Zenaida Galapate-Laguilles in denying Arroyo’s motion to dismiss the damage suit for failure of the journalists to immediately answer the written interrogatories within the extended period.
"We find that the delay is excusable by force of circumstance… Private respondents’ (newsmen) filing of motions for extension of time to answer the written interrogatories and request for admission clearly speak of their due diligence to comply with the same," the Court ruled.
The CA noted all private respondents are represented by only one law office, thus, it is to be expected that their counsel would have difficulty in coordinating with each of them.
It further said that the request for time by the journalists would not be of material injury to Arroyo since there is no showing that they deliberately refused to comply with the modes set by the court.
The appellate court, however, granted Arroyo’s petition to hear his defenses before the hearing at the Makati RTC.
The CA found that the respondent judge "wantonly, whimsically and oppressively" issued the assailed orders dated May 13, 2009 and June 18, 2009 terminating the presentation of Arroyo’s affirmative defenses and setting the case for pre-trial conference for no justifiable reason.
"Respondent judge should have considered the fact that the circumstances which prevented petitioner from presenting further evidence on his affirmative defenses were not attributable to him alone," the CA said.
The appellate court noted that based on the records of the hearing at the RTC, only four instances that the resetting of the hearing had been made upon the initiative of the petitioner, which have been found to be valid and without intention to delay proceedings.
Among these instances was when Arroyo underwent surgery for cardiac-aneurysm, causing the resetting of the hearing on April 12, 2007, and on May 23, 2007 when he moved for another postponement as he was still not physically fit to stand trial.
Concurring with the ruling were Associate Justices Mario Guarina III, chairman of the division, and Franchito Diamante.
Arroyo earlier moved to dismiss the amended complaint for damages sought by newsmen due to their alleged failure to pay the correct docket fees.
Joining the damage suit were television, radio and print journalists, among them Malaya’s Ellen Tordesillas, Minnie Advincula, Regina Bengco, JP Lopez and columnist Lito Banayo; Ninez Cacho-Olivares and the Daily Tribune, Marites Vitug, Glenda Gloria, Ricky Carandang, Romulo Marinas, Gina Capili-Inciong Gerry Baldo, Sherwin Olaes, Lito Tugadi, Jing Santos, Rustico Otico, Maria Concepcion Cruz, Miriam Grace Go, Ma. Romina Gonzalez;
Ma. Cristina Rodriguez, Yvonne Chua, Alcuin Papa, Ramon Tulfo, Erwin Tulfo, William Esposo, Jose Pavia, Rowena Paraan, Sweet May Cawicaan, Jofelle Tesorio, Jose Bimbo Santos, Rachel Khan, Center for Media Freedom and Responsibility, the Philippine Center for Investigative Journalism Inc., Francisco Tatad, Conrado de Quiros, Nixon Cua and Vergel Santos.