This is good news to us who are facing libel suits by Mike Arroyo as well as those who filed a class suit against Mike Arroyo.
The most important part of Judge Zenaida Daguna’s decision is: “The First Gentleman, it cannot be denied is a public figure.”
“Well-settled is the rule that public figures have lost, to some extent, their right of privacy because of the following reasons – they had sought publicity and consented to it and so could no complain when they received it, and their personalities and affairs had become public and could no longer be regarded as their own private businesss.”
The Manila Regional Trial Court has dismissed the libel complaint filed by first gentleman Mike Arroyo against former solicitor general Francisco Chavez for linking the presidential spouse to the P728 million fertilizer funds scam.
In a five-page order, Manila RTC Judge Zenaida Daguna found no probable cause to hold Chavez for libel based on the statements that he supposedly uttered and which were printed in several newspapers.
“Beyond doubt, the complaint is patently defective and for this reason alone, the present complaint must be dismissed,” the court said.
“The acts and lives of public figures are more open to criticism, comments and remarks. Private complainant, therefore, cannot claim that he was defamed by the above-stated articles,” the court added.
The court also said Mr Arroyo could not argue that he is an individual whose privacy had been violated when Chavez accused him as behind the scam, which allegedly involved the diversion of public funds into the campaign kitty of President Gloria Macapagal Arroyo for the 2004 presidential elections.
Personalities and their affairs had already become public and could no longer be regarded as their own private business, and that the press had a privilege, under the Constitution, to inform the public about those who have become legitimate matters of public interest, the court added.
“Well-settled is the rule that public figures have, to some extent at least, lost his right of privacy because… (he) had sought publicity and consented to it and so could not complain when they received it,” Daguna said.
The Manila court further ruled that the statements attributed to Chavez were privileged communications, made out of a moral, legal and social duty to uphold the law.
The court further pointed out that the complainant failed to implead the writers and editor of newspapers who printed his allegedly libelous statements.
“Obviously, a person who is not the author of an alleged libelous article, or who has absolutely no participation in the publication of the said article, cannot be indicted for the crime of libel,” the court said.
In the news reports, Chavez identified the “runners” of former Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante who acted as the “bagman” of Mr Arroyo in the disbursement of P728 million in agricultural funds that reportedly bankrolled the President and her allies’ campaign.
Chavez was quoted as saying that he is “giving them (Mr Arroyo) 24 hours to cooperate, lest I include them in the plunder charge, which is non-bailable.”
Assuming that the accused did utter the statements attributed to him, there is still no probable cause to hold him for libel because the essential elements of the said crime are lacking, the court said. – GMANews.TV
Umpisa lang iyan sa tuloy-tuloy ng pagkatalo ni Baboy Mike sa mga kaso. Ang mga judges natin natatauhan na din. Alam nilang malapit na ang katapusan ng mga Arroyo kaya inaalagaan din nila ang kanilang mga pangalan bilang judge.
I agree with the decision. But beware, it is a knife that cuts both ways. Media personalities are also now “public figures”. We saw that in the case of Vic Agustin, which the PDI deftly handled, but which came dangerously close to exposing the can of worms that is Big Corrupt Media, which to me is like Pravda and Izvestia. Media Corruption is the last great Sacred Cow that of course the Media itself never attacks. But when we talk of graft and corruption we cannot exempt the Media which is a principal recipient of bribery money and also the great hiding place of extortionists and blackmailers.
Like the Mafia though, the Media protects its own.
About time, I’d say!
Good News amidst the hulabaloo that is happening in Inang Bayan. Good start as well, for the judiciary to declare it IS indeed independent of the Executive.
As I recall, Vic Agustin threatened to break this omerta and to expose his colleagues (“many of them” he said) at PDI and other major news outlets who were and are “on the take”. It is even worse on AM radio where regular listeners have learned “who” belongs to “whom”.
But like I said, the media protects its own turf and take, and I am sure this is one issue that can only be tackled by the bloggers.
Main Stream Media is just as corrupt as the Government. In fact, it is part of the government when we notice that the media actually “sets the agenda” and govt officials often do nothing unless it has media value or media damage.
GSDC, And who are corrupting the media but the first evil couple and those who do not toe their line are threaten with closure or being taken over just as the case of The Daily Tribune.
Not only that you have to agree with the decision but you have to praise the courage of the judge and hopefully this will be the beginning of enlightenment of those who dispense justice to be fair, courageous and not through the dictates, whims and caprices of those powers that be.
Among themselves in the media circle, they know who are the paid hacks of the king and queen of thieves, and I don’t see a double-bladed knife that cut both ways.
Florry,
You think ALL the corrupt media men and women work for the “evil couple”. What about newsmen and broadcasters on the take from all sorts of businesses, entertainers, politicians local, regional and national? My only point is that Civil Libertarians should carefully and jealously guard OUR Constitutional rights against encroachments by the State. We may like it when the Courts say Mike Arroyo is a public figure, but is Ellen Tordesillas a “public figure”? Vic Agustin? Ricky Carandang? Manuel L. Quezon III?
I repeat: beware of knives that cut both ways!
Ellen,
Just woke up and what a good way to say “Good morning!” You bet, when he goes around telling people that he was responsible for the power grabbing in 2001, or have a bunch PR people taking his pictures giving bribes in forms of health cards and insurance policies to taxi drivers in the wee hours of the morning to vote for his wife, the Fatso indeed had become a public figure. Otherwise, he could just decline any interviews or being photoed by media people.
Frank Chavez must be a real good lawyer to know how he can defend himself against this less brainy lawyer (daw) called “IpDye” by his fellow crooks!!!
Florry:
Walang double-edged knife in this case. Frank Chavez was just good enough to be able to defend himself.
BTW, Ellen, is this judge the same judge handling the case against Lito Banayo? If she is, she must have been encouraged to do what is right considering that Frank Chavez was a former Solicitor General and she knew his caliber, and that she has nothing to fear even when the Tiyanak decides to order her DOJ Secretary to harass and intimidate this judge.
If she becomes a victim of this extrajudicial killings, then we know for sure who are responsible for it. I hope and pray that God will protect this judge, though.
She has set a precedent.
This should read, “…of THESE extrajudicial killings…”
Time for the Fatso to hibernate. He should follow the example of the spouse of a former Prime Minister of Japan whose face nobody had seen on papers. She never even set foot in the official residence of the PM, and reason why the PM had to buy a piece of land and have a house built there for him to be able to come home, and be pampered by his wife with her cooking. Ganyan dapat!
Over here, spouses meddling in politics are not welcome. Abe’s wife for instance is not getting her husband any favorable publicity getting hugged in public by the PM despite this attempt at modernization by these baby boomers.
GSDC, you’re right, not all corrupt media works for the evil couple. The question is who exerts the heaviest pressure of them all?
Yuko,
I don’t think it’s the same judge.
Florry,
It’s not really about “pressure” but “supply and demand”.
Ellen,
I’m experiencing this blinking again when I tried to post my previous post. Naka-monitor na naman itong blog mo. Better alert your administrator about it.
The result of this case above is of great importance on what would be the outcome of Ip Dye’s other capricious libel cases against his critics. Mabuhay ka Judge Zenaida Daguna!, nawa’y dumami pa ang kagaya mo. 🙂
GodSaveDMedia, ano ba ang pinagsasabi mo? Hindi lahat ng taga-media ay masama. Ang tinutukoy mong payola ay matagal nang nangyayari. Uso sa media ang tawag na “attack and collect”. Pero dapat natin tandaan na may mga taga-media din na matino at malinis. Isa na siyempre si Ate Ellen. Kung marumi siya, bakit siya nagtra-tricyle papunta sa kanyang doktor?
GSDC,
What supply and demand? Why do you think that some of them are on the “take” if not about pressure on what to report or not? You and I know that pressure comes in many forms, and we also know who is in a position to apply and get the maximum effect especially if it comes with the “take”, kaya kahit na ang nakikita ay isang may sungay, isusulat na sila ay mga anghel.
GodSaveDConstitution Says:
March 17th, 2007 at 8:04 am
..But when we talk of graft and corruption we cannot exempt the Media which is a principal recipient of bribery money and also the great hiding place of extortionists and blackmailers.”
GSDC
Sa lahat ng mga bloggers dito, ako’y humahanga sa inyong mga isinusulat because you seemed to know almost everything. Why don’t you name names who are the media personalities receiving bribe money. Siguradong alam ninyo yan. Bilang isang magaling sa batas, hindi kayo magsusulat ng walang pruweba.
Kung walang lakas ng loob mag-bulgar yong iba at puro salita lamang, inaasahan kong naiiba kayo sa dami ng inyong nalalaman. Sige nga po.
If he is really a private person, we should stop calling him “First Gentleman”. Frankly, with the way he conducts his affairs, I don’t even see any glimpse of the “Gentleman” in him.
Ang hirap kay Vic Agustin, dakdak ng dakdak. Ilabas niya kung sino ang mga bayaran sa PDI at ng magkalaman na. Let’s expose the dirty eggs so they can never work again. I do not believe the media is an old boys club wherein they protect even the most corrupt practitioner. What I do know is that this administration protects the biggest plunderers of the land. Look at how free Nani Perez is. He can even appear on TV to support Vilma Santos. Jocjoc Bolante is yet to face the music here, so is Cito Lorenzo who is implicated with him.
The boor obviously filed the libel cases to intimidate his detractors. He couldn’t care less if loses, the idea there is to make life difficult for his critics. Just imagine the time wasted to attend the hearings. He has very deep pockets while our reporters have to spend heavily to defend themselves. The boor simply sits on his fat ass and waits for money to come to him.
Graft & corruption is the cancer in the Philippines. NO institution or organization is spared from this horrible disease.
Sadly, unless graft & corruption is drastically minimized, the Philippines will continue to be the trash can of Asia.
Whose calling Mr. Pidal “First Gentleman”? My friends and I don’t as a matter of fact because we do not even recognize Mrs. Pidal as “President” since she cheated in the last election and is supposed to be disqualified, arrested and prosecuted for committing such grave and serious crime. I, for one, call him “Fat Guy”!
Schumey:
I know for a fact that a lot many so-called “journalists” in the Philippines are on the payrolls of polticians there that’s why you seldom read bad things about Ramos or JdV, who is said to really pay good, for example.
Those who are honest and being true to their profession are either now 6 feet underground, in the IpDyi’s libel suit list or on the run. At least, those in Manila are less in danger of being “salvaged” than those in the provinces.
My editor told me so when I was working as special correspondent for a news agency based in the Philippines. Grabe ang garapalan! That’s why I like Ellen because I know she is not one of those kurakot journalists!!!
Sleeplessinmontreal asked for the names of the kurakots, but I’d rather she does not get names in the open here, for I bet you the Pidals will contact them and promised them more money if they write more propaganda for the Pidals!!!
Demonyo? You bet they are!
At least we still have judges who are not afraid of Mike Arroyo’s wrath. Hope this creates a precedent in the dismissal of some, if not all libel cases filed by the fake president’s husband.
nakakuha na ng katapat si mike arroyo, ang ayaw umaming siya ay isang pablik PIGyur.
“I agree with the decision. But beware, it is a knife that cuts both ways. Media personalities are also now “public figures”. We saw that in the case of Vic Agustin, which the PDI deftly handled, but which came dangerously close to exposing the can of worms that is Big Corrupt Media, which to me is like Pravda and Izvestia. Media Corruption is the last great Sacred Cow that of course the Media itself never attacks. But when we talk of graft and corruption we cannot exempt the Media which is a principal recipient of bribery money and also the great hiding place of extortionists and blackmailers.
Like the Mafia though, the Media protects its own.”
effin great. dean spins this news to attack the Big Corrupt Media. djb is on a tear lately, attacking the PDI and other anti-arroyo columnists and papers. pero tahimik lang siya sa mga pro-arroyo media a-holes.
mike arroyo is the powerful, all influential husband of maam arroyo. for pidal to claim that he’s a “private citizen” is stupid.
John,
Re your: djb is on a tear lately, attacking the PDI and other anti-arroyo columnists and papers. pero tahimik lang siya sa mga pro-arroyo media a-holes.
What’s going on? You and Dean having a bit of a run in?
The Bystander,
Agree! Great gal Judge Daguna is!
JohnM: mike arroyo is the powerful, all influential husband of maam arroyo. for pidal to claim that he’s a “private citizen” is stupid.
*****
Sinabi mo pa. If he did not want to be pried upon, he should have remain out of media perimeter, and he should have stayed in their private home(s) surrounded by high walls, not use the Malacanang as his official residence and even used a great amount of public funds to electrify the fence around the palace by the murky river.
A Pidal friend from Cebu in charge of constructing the electrified fence was bragging how powerful the electricity was installed in the fence to make it impossible for any intruder to get into the palace should there be another EDSA the way the rioters climbed over Malacanang fence then and ransacked the palace after the Marcoses were airflown to Clark and then to Hawaii.
Tapos sasabihin niyang private citizen siya. Gunggong! Panay pa nga ang publicity niya soon after they started living at Malacanang. Hindi siya gumaya doon sa asawa ni ex-Japanese PM Tanaka whose wife never showed her face in public. Walang litrato, and any one taking her picture or writing about her was surely charged with infringement of her privacy that is punishable by fine and imprisonment in Japan.
Libel is also a serious crime here and it is called “defamation” but telling the truth about the Fat Guy as when Lito Banayo hispanized the term Fat Guy is not libel nor defamation. Bakit payat ba siya? Puede nga siyang maging Sumo wrestler sa taba niya e!
Tama ka Ate Yuks. Kung sa US nga sa media lalo na sa mga comedy at night shows, sobra ang kantiyaw at insulto sa mga pulitiko pati presidente nila. Anong masama kung tawaging Baboy si Mike talagang mukhang baboy naman? Anong masama kung tawaging pangit si tiyanak talaga naman ubod ng pangit? Kung nasa monarchy tayo at Reyna siya, baka puwedeng iwasan dahil kailangan igalang dahil isang simbolo. Pero sa isang pekeng pangulo na nandaya at patuloy na nagnanakaw, kulang ang mura at insulto sa kanya.
Ellen,
It is good to hear that Mike Arroyo lost the first round of his libel suit rounds.
I would like to point out to Mr Godsavetheconstitution that while some people in mainstream media may have been allegedely corrupted by Mr and Mrs Arroyo, there are still many journalists in the same mainstream media who have refused and will continue refuse to accept favors from Malacanang whatever the cost to their journalistic career.
The case here is not really between Big Fat Mike versus Frank Chavez, since this is a criminal case. But the question here is why do the public prosecutors keep filling cases of “libel” knowing that that the case under the the criminal code needs evidence beyond any doubts and considering the complainant, it is a waste of everyone’s time and the Public Money. The case was between the State and the defendant and the prosecution’s witness credibility (that is Mike Arroyo) is not worth a case. That is the basis of the Trial Judge decision.
Mike Arroyo claiming he is not a public figure is so ridiculous it is not even funny. He must be getting inputs from advisers like dumbunye and ermita who think they can insult the intelligence of the people and the judge.
i want to apologize to djb for my last outburst. no anna, there’s no “run in” between us. there’s no there there.
sometimes, when when i’m angry, i tend say or phrase things in a way that i tend to regret later.
Another breed of “Gabriela Silang” – Judge Zenaida Daguna! Good luck and may your wisdom set as an example to all the trial court’s judges in our beloved country.
Anna,
I’m with johnmarzan. We are all capable of outbursts and I absolutely respect his outbursts. Also as a blogger I long ago realized that “ang pikon talo”. Ranters and ravers I don’t even bother to answer, like a very very few here. I just hope they don’t pop a vein or something before they realize how ludicrous and childish they actually are to me and john. But i love children, and can easily tolerate their tantrums and colics. I love the challenge of making people think, and to question their own thinking, especially those who disagree with me. They are “whetstones” to my logical and rhetorical knives. I always feel sharper after a long day at ellentordesillas dot com because I always discover new arguments and insights. More than others, it is ME I need to convince about certain ideas and arguments. Once that happens, I get a taste of invincibility and satisfaction.
As for Big Media Corruption, of course some are corrupt and some are honest. But it is one of last great Sacred Cows that the Main Stream Media will not or cannot take on. Perhaps it is because they are afraid of throwing the Freedom Baby out with the corrupt bathwater. Or perhaps it is a form of cowardice and corruption too, I don’t know. I will only say that having “been there and done that” in the MSM, I think I know whereof I speak in this regard: the Media is just as corrupt as the Govt. In fact, it is worse because for some Press Freedom amounts to nothing more than the freedom of the kettle to call the pot black.
Dean,
Yeah, I understand. Same feeling here. I often go mano a mano with you over major issues and even if I am “short” with you at times, I’ve always had a healthy respect for your opinion.
As cvj once asked, “Besides who will guard the RIGHT flank (without you)?” And I agree! Heh!
Anna,
Speaking of the Right, have you seen the movie “300”? Wow. I never saw Sparta look so much like Iowa, where all the women are strong and the children above average. Thermopylae is transported to the hot gates of Afghanistan. Osama bin Laden is a giant pervert of a Xerxes, commanding a horde of Ahmadinejads and Saddam Husseins on armored rhinoceri, while Leonidas plays George W. Bush with a beautifully pointed black beard under a brass helmet. I think “300” must refer to the 300 US Marines that died in that terrorist bombing in Lebanon years ago. Hot damn. I think I’ll dye mine own beard black.
wow. gising pa si d.
i totally agree with djb about the being pikon part.
Battlestar Galactica the 2004 tv series, d. it’s better than star trek in any of it’s incarnations.
watch the first season. you’ll be hooked. katulad ko.
RE: The Media is just as corrupt as the Government
How corrupt is the media in the Philippines? Who will police the media? Do we trust the media? How do we determine who are the real the so-called independent writers and reporters? There are some dishonest journalists masquerading as defenders of press freedom. In fact, they represent big business corporate and corrupt Arroyo bureaucrats. They spread half-lies and half truths passed as true facts. Asian business leaders believe the Philippines under Gloria Arroyo administration is most corrupt in Asia. By following their perception, then one of these days they label will the Philippine media the most corrupt force in Asia-Pacific region. Some media practitioners are partners in crime. GodSaveDConstitution, it’s about time to spill the beans and expose Philippine media’s dirty secrets.
No, but have heard lots about 300. Will sked it for next Saturday’s outing.
Am busy watching the 2007 Six Nations Rugby tournament (and blogging about it). England v Wales (the latter wants to re-enforce Welsh identity and want to beat England bad! Heh!)
France is already the 2007 champ beating Scots – Yeeeehaw! but my heart is for an England win over Wales which is final match of tourney – game still ongoing.
So see you folks tomorrow!
“Ang hirap kay Vic Agustin, dakdak ng dakdak. Ilabas niya kung sino ang mga bayaran sa PDI at ng magkalaman na. Let’s expose the dirty eggs so they can never work again.”
Schumey,
Ang saya nito kapag name names si Agustin. Kaya lang ay supot din yata!
Diego K. Guerrero said:
“Who will police the media?” I guess since EO 464 the same question can be asked of this Administration, also the AFP & PNP also the Judges who seem to make up the law as they seem fit or who the accused/defender in front of him is.
There should be no sacred cows, least of all the media. So I’m all for exposing what jouranist, if any, are receiving gifts or favours of any kind, to write a story a certain way or suppress it. Maybe it would be a long list (smile).
what journalist – I am sorwee…
Chi;
Dahan dahan ka lang kay Vic Agustin baka masabuyan ka ng tubig,sayang iyang bagong duster mo.Mabuti sana kung duster lang,Eh! kung masugat pa iyang haba at puti hita mo ng basag na baso.Ikaw lang.sabagay nandyan si Artsee at kahit saang hospital kaya niyang bayaran.–Sampalin mo na lang ang Vic na iyan ng matauhan.
Who are “on the take”, huh? probably mon tulfo of PDI, and arroyo appointed board director alex magno of DBP, a government bank.
we’ll this article, and admission by dante ang back in 2001, can provide a clue on who are (were) on the gov’t take.
http://www.newsflash.org/2001/10/pe/pe002059.htm
if there’s corruption, it’s most likely the pro-arroyo columnists that are benefitting from it.
now, sino na kaya ngayon sa mga mediamen ang myembro rin ng administration at gobierno, pero hindi pa lang nila ito dini-disclose?
http://www.pcij.org/imag/PublicEye/ang.html
the young publisher is probably the son of Jake Macasaet, Allen, of Abante.
paredes and capino critical of arroyo? not anymore, mr. ang.
Mrivera:
Nasubukan mo na ba na magtahip ng bigas sa bilao?
Habang nagtatahip ka ay nasa harapan mo ang tandang, inahen at mga sisiw nito.
Ano attitude ng mga manok?
Alam mo na siguro kung saan galing, at ano ang gamit ng darak?
nelbar,
paki-eksplika nga muna ang punto mo rito. kabubukas ko lamang nitong unit ko para mag-relax dahil sa nakakasakit ng ulong trabaho ko at ingay ng excavator dito sa tabi ko. hilo pa ako, tapos sasalubungin mo ako ng pasel. plis?
meron akong sagot dito, pero ang tanong mo may kinalaman ba sa poste ko sa itaas?
mag-iinat muna ako, kakain ng tanghalian. tapos, sasagutin ko na ito.
Mrivera:
reaksyon ko yan dun sa nakatawag pansin sa akin na posting ni GodSaveDConstitution tungkol sa corruption at mainstream media.
Nelbar, Ka Magno:
“Nasubukan mo na ba na magtahip ng bigas sa bilao?
Habang nagtatahip ka ay nasa harapan mo ang tandang, inahen at mga sisiw nito.
Ano attitude ng mga manok?
Alam mo na siguro kung saan galing, at ano ang gamit ng darak?”
Ganda ng imagery. Ganda rin ng metaphor. Pagtatahip na rin lang ang usapan, singit ko na ‘to. Sana magustuhan ninyo:
Pagtatahip
Matapos bayuhin sa init ng digma
ang butil-himagsik, ipagtitiwala
sa halik ng hangin, sa yakap ng lupa-
maibukod sana ang binhing dakila.
Ang palay na layak kung mananandata
sa ihip ng layaw agad paaalila.
Ang taglay na tapang sa binlid na laman
hindi bubukasan sa gabi ng laban.
Malusog ang palay ng kabayanihan.
Marupok ang ipa ng kaginhawahan.
Hungkag ang dibdib ng layak na layunin,
gabinlid ang puso oras na hamunin.
Ang bigas ng digma kung nasa’y tagumpay,
tahipin muna sa bilao ng buhay
ang ipa at layak, ilaglag sa lupa
ang matirang butil, gabay sa paglaya.
“Ang also says he recommended the retention of Malaya columnist HORACIO ‘ducky’ PAREDES, an erstwhile Erap loyalist, as director of a subsidiary of the Philippine National Oil Corporation.”
***
Thank you, JonhM.
Now we know why Ducky is such an $#@%^!
Thanks John for this golden find!
By the way, the Benjie Defensor who’s made in charge of the Journal group of companies is NOT the General Benjie Defensor who became CSAFP and brother to Miriam Defensor.
The Benjie Defensor of Journal group is a distant cousin of the Defensors but who happens to have same name as Benjie the ex general.
I’m aware that my friend who’s also a journalist was offered some advisory post by this horrible administration but she refused point-blank.
Ang mga pinakaunang nakinabang sa gobyerno ni tiyanak ay si Alex Magno. Itong mga ibang sumunod ay huli na.
Ka Enchong:
sabi sa akin ng Lolo ko noon kapag kumakain kami ng humay,
“kapag may nakita kang palay sa plato mo, balatan mo at ihiwalay ang ipa, …sayang yan.Mahalaga ang bawat butil ng bigas, buhay iyan”
Sayang at grade two lang ako nuon nang inabot ko ang Lolo ko na naging tenyente del baryo sa probinsya namin.