by Evangeline de Vera
Malaya
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.
Chicken feed lang ang 12,5 million pesos para kay Matabang Baboy..dapat siya ang iturn upside down at bitayan kang suli) hang him upside down..ano kaya kung maglaro tayo ng tirador using him as a target! 100 pesos kada tira..we can get more than 12.5 pesos hindi ba? come on folks let’s play sling shots or let’s play darts.. add to this a game of sipa…using putot as the puck let’s kick her out..Game Na ba kayo? It’s show time! ilang tulog nalang at May na…
Excellent news, Ellen…
Sige, skewer the baboy more, until he is no more.
Sauce for the goose, sauce for the gander!
Ay salamat at meron magandang news for a break…
P12.5M is chicken feed to a chicken pig.
In Tagalog, “ang P12.5M ay patuka-sa-manok sa isang duwag na baboy”.
Mga ganid sa pera, malulusog at nawawala yung mga leeg nila.
Even if the big tub of lard loses his case, P12.5 M is loose change. But he would later raise it to the SC. It’s packed to the brim with his and her appointees.
Mukhang Baboy nga talaga itong si M. Arroyo.
May balakubak ang baboy.
Kaya pala napakamot ng ulo ang patabaing baboy.
Hindi balakubak ‘yung kinakamot sa ulo. ‘Yung alaga siguro niyang garapata na katulong sa sobrang garapal na masibang paglamon ng hindi niya pinagpaguran. Baboy na walang kabusugan at hindi kayang lumaban nang patas kahit kailan. Lahi ng mga ganid at magulang na tusong duwag.
Arroyo earlier moved to dismiss the amended complaint for damages sought by newsmen due to their alleged failure to pay the correct docket fees.
Taragis na oink oink ‘yan!
Palibhasa ay mukhang kuwarta kaya ang lahat ng batayan ay pera.
Buwisit kang baboy ka! Lumabas ka riyan sa pagtatago sa ilalim ng saya ng asawa mo’t nang makapon ka upang huwang nang kumalat ang lahi mo.
Humarap ka sa korte at huwag gumawa ng mga kung ano anong alibi.
Pero merong isang paraan para mabilis pa sa alas kuwatro eh lalabas ang bulugang ‘yan, eh.
Madyong tayo. Todo ambisyon. Lahat may bayad. Name your bet. Damonyo ka. Kung gusto mo naman buhay na lang ang katapat ng bawat todas, bunot, ambisyon man o hindi. Buhay mo katapat ng buhay kalahi mong alaga kong baboy damo.
….katapat ng buhay ng kalahi mong alaga kong baboy damo.
Sana tuloy tuloy na ang panalo ninyo Miss Ellen.
hindi pala nagbago ang mukha ni Fat Boy..puro taba pa rin ang baboy…akala ko kasi he lost some lbs..
rose,
The King Pig actually lost some pounds of fat when he was summoned to appear before the court dahil sa counter charges pero he gained more tons of loot as a result of effective planning how to plunder more when he hibernated.
Katulong pa nga niya si Queen Duck.