Click here for copy of CA decision
by Evangeline de Vera
Malaya
Journalists who filed a P12.5 million damage suit in December 2006 against Jose Miguel “Mike” Arroyo won Round 2 after the Court of Appeals denied Arroyo’s petition to stop, for lack of merit, the Makati RTC from admitting the amended complaint after complainants failed to pay the correct docket fees.
The CA’s Seventh Division lifted the writ of preliminary injunction it earlier issued and remanded the case to the Makati RTC, which was ordered to “conduct further proceedings with dispatch.”
Harry Roque, counsel for over 40 media practitioners who joined the class suit, said: “This is the beginning of the end of impunity. Those who will use libel as a tool to infringe on freedom of the press, beware. Democracy has fought back and democracy won.”
Among the complainants are Malaya’s Ellen Tordesillas, Minnie Advincula, Regina Bengco, JP Lopez and columnist Lito Banayo; Tribune publisher Ninez Cacho-Olivares, Marites Vitug, Glenda Gloria, Ricky Carandang, Romulo Mariñas, 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 (CMFR), the Philippine Center for Investigative Journalism Inc., Francisco Tatad, Conrado de Quiros, Nixon Cua, and Vergel Santos.
The group sought P12.5 million in damages before the trial court in response to the flurry of libel cases that the First Gentleman had filed since 2003 — 10 against 45 members of the press, a number unprecedented in Philippine history.
If the group wins the case, the damages will be placed in a trust fund for the welfare of journalists and their families.
In the 23-page decision penned by Associate Justice Fernanda Lampas-Peralta, the CA said it found no grave abuse of discretion in the ruling of respondent Judge Zenaida Galapate-Laguilles of the Makati RTC branch 143 in admitting the amendments in the complaint, such as the inclusion of Redmond Batario, Luis Teodoro, Lourdes Estella Simbulan and Malaya editor-in-chief Joy delos Reyes as additional plaintiffs in the damage suit.
The amended complaint further sought the deletion of the word “each” in paragraphs 46, 47, 48 and 49 of the complaint to conform to the alleged intention of private respondents to claim damages for the press as a whole and as a unified institution.
The word “each” was likewise deleted from the prayer in the complaint and replaced with “aggregate.”
The CA junked Arroyo’s argument that the trial court did not acquire jurisdiction over the case because of the plaintiff’s non-payment of docket fees.
Allegedly, the amount of damages claimed by the journalists totaled P487.5 million, making docket fees at more than P9 million. However, the group paid only P200,000.
But the appellate court said there was no clear intent on the part of the journalists to evade the payment of the correct docket fees.
“There was no omission of the amounts of damages in the prayer in the original complaint and private respondents (journalists) paid the docket fees based on the assessment by the Clerk of Court… (since) private respondents explicitly stated in the complaint that they filed the case ‘on their own behalf and acting as class suit representatives of fellow members of the Philippine press,’” the decision, promulgated September 22, read.
The CA said that the trial court subjected the case to preliminary hearing on affirmative defenses precisely so that the parties will be afforded the opportunity to be heard on their respective positions, while the matter of whether the case is a class suit is yet to be tackled.
It further cited the Supreme Court’s ruling in the case of Heirs of Bertudo Hinog v. Hon. Achilles Melicor which stated that non-payment of the proper docket fees at the time of filing does not automatically warrant the dismissal of the case, as long as the fee is paid within the applicable prescriptive period.
According to damage complaint, President Arroyo’s husband is liable for damages under the Civil Code for the anxiety, loss of income and other inconveniences that his libel suits allegedly caused. The plaintiffs also argued that the suits have a chilling effect on press freedom.
Roque also said the case is also a pre-requisite for the filing of a suit before the UN Commission on Human Rights, which requires that domestic remedies must be exhausted before cases could be filed before the international body.
“The suit does not dispute the right of Mr. Arroyo to file libel charges against anyone he believes has wronged him through a libelous imputation. Journalists are also aware that libel suits are part of the media territory. But the sheer number of suits he has filed (10 against 45 respondents) suggests that these are primarily intended to intimidate the press and silence criticism,” the complainants said in a pooled editorial posted on the CMFR web log.
The group added that while Arroyo claims he has no such intention and describes himself as a private citizen, there is an Office of the First Gentleman maintained by public funds, and he wields influence and power as the President’s spouse.
Also, they noted libel is a criminal offense in the Philippines and a journalist can be arrested for libel and sentenced to prison and made to pay damages that can run into the millions.
The First Gentleman’s claims for damages in the 10 cases he has filed have amounted to at least P141 million, the editorial said.
I’m glad that the CA recognized that press freedom does not depend on the so-called “bigness of Mike Arroyo’s heart”.
Remember, he said he was withdrawing his libel suits against us because he has forgiven us.
Who is he to forgive us? He should be the one to ask our forgiveness for attempting to prevent us from doing our job of reporting the truth.
After the recent CA scandal, this second highest court now is redeeming its damaged image by rendering a decision unfavorable to the Big Fat Guy. May the Supreme Court follow so that the guilty ones even if they are from Malacanang be given the punishment they deserve. The people are hungry for fair and just decisions from the court. This is quite a relief for the people…this recent decision by CA.
We can also hope that the case, if ever elevated to the SC, will be decided the same way.
I hope and pray for it, Tongue.
Ellen: I am happy for you all that this case was decided in your favor. Ito na kaya ang simula nag papabago ng justice sa atin at babalik sa tunay na “Lady Justice when equal scales she holds is blind”?
Tongue: when you said..”if ever elevated to the SC”? does thi mean that kung hindi mag appeal si Mike Arroyo that this is the final decision? what if, in the process of his appeal makatulog siya ng mahimbing at hindi na makabangon..ito na ang final decision? Ano kaya ang dapat pagdasal..ha hindi siya mag appeal sa SC or he goes into a deep sleep..like Ichabod?
rose,
Sinong Ichabod yan yung daga? Personally I’d like FG to run scared like Icabod Crane, trying to get away from the headless horseman.
Jug: I meant Icabod Crane of Washington Irving..nakalimutan ko ang correct spelling..matanda na nga si ako…
Rose,
He could do a Rip Van winkle and sleep for 20 years to try to escape prosecution and to escape from his nagging wife. 🙂
The problem is, while he can escape his wife’s wagging tongue while in deep slumber for 20 years… he can’t escape lady justice.
lubos ko mang isipin hindi tumalab ang Bible study..nahirapan siyang magintindi ng bible…paano siya nakapasa sa law? ang buong akala ko kasi hindi ka puede mag aral sa Ateneo kung walang laman ang coconut mo..
..ang intindi ko noon pag natalo sila Ellen sa justice sa Pilipinas they can take the case to UN..after they have gone through every means in the Phil…gusto ko kasi makita ang scenario sa UN..makaranas man lang sila ng hiya..kailan pa kaya? 2010? sana..
It may be premature yet to celebrate. It’s still a long long way to go before any final ruling on the class suit will be rendered. However we still are thankful for small mercies. I for one still believe that we are just being humored by the CA in the light of the recent scandal the CA has been through. Within the CA are still “rogues in robes” that lord over. An example is the decision rendered in the Lozada case where a contorted decision was arrived at denying Lozada his amparo petition. FG has the money, power and connections to influence any decision in the class suit. Pray that the RTC will be fair and fast in deciding the class suit.
“…cowardice of the Filipino to fight evil.” This is a part quote from the item on Mr. Macasaet’s Business Circuit today. How did we ever reach this point of cowardice. The Filipino showed bravery in fighting World War 2 (WW2), bravery in EDSA1, bravery in fighting hold uppers and many other examples of bravery. Yet confronted by the evil of the malacanang resident, the Filipinos are timid and “bahag-buntot”. How did we reach this point?
Na-forced disappearance na naman ni Mike Pidal ang blog na ito. Ngayon lang ako nakapasok.
Ellen,
Yun sanang mga susunod na rounds ay ma-TKO ng tuluyan si Mike Pidal!
At hindi sana kayo pinadadama lang ng CA.
chi:”…hindi sana kayo pinadadama lang ng CA.”
******
Agree ako, 100%. Baka parang mga taktikang smugglers din ang mga ‘yan na magpapahuli kunwari ng isa o dalawang container van at ang iba ay iee-standby para pang barikada kuno sa Mendiola.
Basa mo chi ang analogy kong itoh? Make sense di ba?
Read 100%, meksens. Taktikang bulok e!
hindi kaya scripted ang decision ng Court of Appeals. para bang good cop, bad cop ang style?
ayan tuloy, hindi talaga maiwasang magduda kasi sa mga ginagawa nila. ang hinala ko, baka pinapatikim lang kayo ellen, (sorry to use the word), para pogi points, in their favour.
pagkatapos, titira na naman… patraydor pa!
Yes, it could be scripted. Anything we see and read in this evil government cannot be believed and trusted anymore.
if I remember right..it was mentioned when the case was filed that the journalists should first exhaust all means to get justice and if not they will seek justice via United Nation…kasi kung ganito..pinanalo lang kayo para hindi na madala sa UN..malaking kahihiyan para kay Arroyo kung dumating ang kasong ito sa UN..but pagnanalo ang mga journalists at magbayad si Mike sa ginawa niya in terms of money barya lang para sa kanya ang halaga..ndapat kulungin siya twice the period of time..na ginawa nila kina Gen. Lim , Senator Trillanes, etc. matikman man lang niya kung ano ang makulong..it might be for his own good..he will lose
weight or if not he will rest in peace..makakatulog siya ng
mahimbing..sleep and rest peacefully Mike!
Press freedom can never be defended against the likes of the fat guy by playing nice. It’s a good thing the journalists took a stand and fought back against the fat guy who acted like a childish school bully when he went on a libel-suing spree as a guise to gag the free flow of information. With the recent decision from the CA, even though how small a victory might be, now it can be told that it’s worth the try and hope it will gain momentum on the next rounds until the end of it.
Congrats sa inyo na tagapagtaguyod ng Katotohanan, mga journalist na may paninindigan at naglilingkod sa mamamayan. Hindi ako nakakalimot na isama kayo sa aking mga panalangin. Now Great intervenors has guide the judges, I know that men like you should be protected by our Divine Providence. Hindi niya kayo pababayaan hanggang sa katapusan ng laban. My Moral, Spiritual and Emotional support will be with you up to last minute of the Battle.
More power Great Journalist in this times of Darkness!
Rose,
“Only the good die young,” sabi nga. Iyan si Pidal, pretending to be dying, hindi mamatay-matay. Masamang damo kasi!!! 😛