Author Topic: Guindulman Mayor Lost Libel Case against Bohol Editor  (Read 2929 times)

pioneer

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Guindulman Mayor Lost Libel Case against Bohol Editor
« on: July 31, 2013, 03:36:26 PM »
Press Release
A regional trial court judge has ordered the dismissal of a libel case filed by a municipal mayor against a newspaper editor for lack of probable cause.

The complaint filed by Guindulman Mayor Ma. Fe Anana-Piezas stemmed from two publications of the Bohol STANDARD, a weekly English newspaper circulated in the province of Bohol, written on the opinion column The GOSPEL of Fred Amora, published on July 11, 2010 and July 18, 2010 entitled: “Too-toohon” and “Sibo ug boot.”

The subject article written by Amora, in gist, criticizes a certain Mayor from the eastern part of the province of Bohol with a half-brother who (at the time of writing the said article) was working at the public market as a casual employee by issuing tickets therein.

Accordingly, the Mayor is so gullible (too-toohon) to believe and follow the advices of a certain follower who is fond of using “obscene languages” and “unpolished character” to the extent of ignoring her siblings and dismissing her die-hard followers if they ran in conflict with the said follower’s advice.

Accused Amora, in his opinion column concluded that the Mayor maybe is of the same thinking with the same adviser. In short: “sibo gud tingale silag boot.”

Mayor Piezas felt alluded and believed the subject “mayor” in Amora’s article was herself; hence she filed the Libel complaint.

The Information for the case of Libel was filed by Provincial Assistant Prosecutor Tito O. Apura in March 9, 2011 yet, but the Presiding Judge to which the case was originally assigned as well as the succeeding judges that followed were not able to issue an Order finding probable cause to justify the issuance of Warrant of Arrest for accused Amora.

Pursuant to Sec. 6, Rule 112 of the Revised Rule on Criminal Procedure, RTC Branch 2 Presiding Judge Jennifer Chavez-Marcos assigned to hear the case, then proceeded to make a finding of probable cause and on February 15, 2013 directed the prosecution to present additional evidence to show the existence of a probable cause.

During the presentation in court of the assailed articles, the prosecution admitted that the questioned newspaper items written by accused Amora did not mention any name. Albeit, the article appear to refer to a certain mayor in the eastern part of the province, the mayor was in her second term at the time the article was written in 2010, and the mayor has a half-brother working as a casual employee at the municipality’s public market.

When the court inquired the prosecution whether there is no other mayor in the eastern part of Bohol in his or her second term and who then has a half brother working as a casual employee at the municipality’s public market, prosecution counsel Atty. Nelson Janiola replied: “ I am not sure your honor.”

Presiding Judge Marcos, in her 5-page Dismissal Order, cited a comprehensive discussion of then Justice Reynato Puno in MVRS Publications vs. Islamic Da’ Wah of the Philippines (G.R. 135306, Jan. 28, 2003) which said: “the rule in Libel is that the action must be brought by the person against whom the defamatory charges has been made. Even when a publication maybe clearly defamatory as to somebody, if the words have no personal application to the plaintiff, they are not actionable if no one is identified, there can be no Libel because no one’s reputation has been injured xxx.”

“In fine, in order for one to maintain an action for an alleged defamatory statement, it must appear that the plaintiff is the person with reference to whom the statement was made,” Justice Puno said in the quoted case.

Further, the court noted that though plaintiff mayor was not pleased with the controversial printed matter that is grossly insufficient to make it actionable by itself. Personal hurt or embarrassment or offense, even if real, is not automatically equivalent to defamation.

In conclusion, citing a time-held decision, the court reminded complainant Guindulman Mayor Ma. Fe Anana-Piezas that: “the policy of a public official may be attacked rightly or wrongly with every argument which ability can find or ingenuity invent. The public officer may suffer under a hostile and an unjust accusation, (but) the wound can be assuaged by the balm of a clear conscience. A public official must not be too thin skinned with reference to comments upon his official acts.” (US vs. Bustos 1918).

The dismissal was issued April 23, 2013 and since then or within the 15-day reglamentary period, the prosecution had not filed any motion for reconsideration of the Order.

Complainant Mayor Piezas was first assisted by lawyers J. Albert R. Tinampay and Heidi O. Oracion of the Tinampay Legal Clinic but for some reasons or another, on October 2011 said counsels withdrew from the case.

Accused Amora was assisted by lawyer Aleck Francis “Koy-Koy” T. Lim of the Trabajo –Lim Law Office, this city.

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Lorenzo

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Re: Guindulman Mayor Lost Libel Case against Bohol Editor
« Reply #1 on: August 06, 2013, 10:53:46 PM »
Is this the same mayor who ordered the cutting of the trees, Mike?

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pioneer

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Re: Guindulman Mayor Lost Libel Case against Bohol Editor
« Reply #2 on: August 06, 2013, 11:29:57 PM »
yes, lorenz, the same mayor who hates trees.

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diablo

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Re: Guindulman Mayor Lost Libel Case against Bohol Editor
« Reply #3 on: August 06, 2013, 11:34:19 PM »
sayanga tong mga kahoy nga gi potol

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Lorenzo

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Re: Guindulman Mayor Lost Libel Case against Bohol Editor
« Reply #4 on: August 06, 2013, 11:37:42 PM »
Bitaw, well, this mayor needs to learn humility and take a note that when you are in public office, you are not immune to the criticisms of the people. In fact as a mayor one is supposed to be the servant of the people. :P

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Lorenzo

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Re: Guindulman Mayor Lost Libel Case against Bohol Editor
« Reply #5 on: August 06, 2013, 11:37:54 PM »
yes, lorenz, the same mayor who hates trees.

Thank you, Mike.

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