"ON WHAT I can do for media workers... first I will decriminalize libel. It's causing headaches for media workers. [Libel] is being used by politicians and those seated in the government to harass and threaten [the media]."
So was quoted presumptive
senator Raffy Tulfo in an interview with The Chiefs on May 16.
“Ngayon
pa lang sinasabi ko sa inyo, isa sa mga priority bills ko ay ‘yung
ipa-decriminalize ‘yung libel.” So, the proclaimed senator Tulfo made an echo
chamber out of the Philippine International Convention
Center, May 18.
He clarified though that he does
not plan to remove the civil liabilities of libel "so that those who
feel that they have been affected by what they believe to be libelous can
attain justice."
"Let's accept it, there are
also people from our ranks who are crazy, who are biased in criticizing the
government," he said.
Earlier that same day, the
senator’s elder sibling Ramon was arrested by police for cyber libel.
I leave that there. Draw your
own opinions. I came out here to take my stand anew against decriminalizing
libel, updating a piece I wrote here in February 2014 that put me at odds with
a number of my media peers.
I HAVE had no problem with
libel, notwithstanding the eight cases I had faced in my almost 50 years of
writing. No bragging there, just being matter-of-factly.
I have always considered a libel
case as par for the course in the journalism field.
As a recourse – the only legal
one – of anyone who felt maligned in print, broadcast, or personal utterance,
to seek redress for her/his grievance. Indeed, the exercise of a civil right in
our democratic state.
It is precisely owing to this
core belief that I never begrudged all those people who took me to court – mainly
to the prosecutor’s office – crying that I libeled them.
I respected their right to seek
my comeuppance for whatever perceived and felt wrong I did them. I respected
them for their civility – of going the judicial course instead of taking the
extra-judicial route with extreme prejudice.
It is precisely because no libel
complaint bearing my name as respondent ever prospered, all finding closure at
the prosecutor’s office, that I have lived well with the reality of libel –
until 2010.
Mid-December of that year, a complaint
rising out of my reply to a story denigrating procedures in the conferment of
some awards went beyond the prosecutor’s, after its dismissal and subsequent
denial of a motion for reconsideration there, to the Department of Justice via
the complainant’s petition for review. Only to be dismissed anew. The case ran
all of three years. Meaning not to scratch old scars to draw fresh blood anew, I made
no mention of names and circumstances here. A slew of stories about it came out
in the local media and I recorded my personal account in acaesar.blogspot.com.
20 years ‘warranted’
In November 2015, a libel complaint I did not know still existed
came to my knowledge only when I sought an NBI clearance relative
to the renewal of my gun permit and found an alias warrant to my name. The case was filed in
1997. Alas, two co-respondents – publisher Joe Pavia and editor Ody Fabian –
had died since.
I hastened to Angeles City RTC Branch 62 to
post bail and seek the reopening of the case.
The ink on my fingers and my palms from
posting bail had yet to be completely scrubbed off when I got a subpoena from
the Provincial Prosecutor’s Office for another libel complaint. A Guagua cop
felt maligned by a story in Punto! in August 2015 written by the erudite Ding
Cervantes alleging irregularities in the handling of evidence obtained in drug
buy-bust. As editor, I was co-respondent.
The 1997 case filed by husband-and-wife
officers of the Mabalacat Water District was dismissed in August 2016 “for lack of interest to
prosecute” as the complainants could not be found anymore. What dragged
on – absent my knowledge – for all of 20 years took but two hearings to be
scratched off the court archives.
Grand celebrations
Any dismissal of a libel case is a cause for grand celebrations,
as much for the personal triumph of the writer-respondent and his paper or
radio-TV station, as for the victory of justice, and the supremacy of press
freedom.
At the time of our prime, not too long ago, libel cases were
never considered swords of Damocles hanging over our heads in our daily
journalistic grind, but rather areas of opportunity to test the bounds of the
freedom of expression. The possibility of libel cases never deterred us from
the pursuit of the story, any story fit to print, to appropriate the hallowed
motto of The New York Times.
No fear factor, no “chilling effect” then as now did a libel
case serve as prior restraint in our exercise of this profession.
Feeling safeguarded as we were by Justice Malcolm, writing
in United States v. Bustos, 37 Phil. 731, 740, 741, to wit:
“The interest of society and the maintenance of good government
demand a full discussion of public affairs. Complete liberty to comment on the
conduct of public men is a scalpel in the case of free speech. The sharp
incision of its probe relieves the abscesses of officialdom. Men in public life
may suffer under a hostile and unjust accusation; the wound can be assuaged
with the balm of clear conscience. A public officer must not be too
onion-skinned with reference to comment upon his official acts. Only thus can
intelligence and dignity of the individual be exalted. Of course, criticism
does not authorize defamation. Nevertheless, as an individual is less than the
state, so must criticism be borne for the public good.”
Badge of honor
Indeed, there was this somewhat perverted sense Pampanga
journalists held then – a number of us still holds to this day – of libel cases
as badges of honor, aye, journalism’s very version of the Medal of Valor, to be
worn and displayed with pride. So, the more libel complaints, the more
effective, if not better, the journalist.
So it was with Ody Fabian (+) of The Voice who landed himself at the Angeles City Jail over a libel complaint from the Angeles University Foundation Medical Center, and cleared of a P25-million case from a mayor, among others.
So it was with Sonny Lopez (+) and Elmer Cato of the Angeles Sun, hauled to the fiscal’s office by then Angeles City Mayor Antonio Abad Santos (+) over exposes on corruption in the city government, and subsequently cleared of libel.
So it was with Ashley Jay Manabat of Sun-Star Clark, tagged
in a ridiculous P500-million suit over articles repudiating the doubly
ridiculous claims of someone owning the Clark special ecozone along with
practically the whole of Luzon.
So it was with Jerry Lacuarta (+) of Manila Bulletin, haled
to court by a US Navy man nabbed for international drug trafficking – of a
“considerable amount of high-grade heroin stuffed inside imported tuna” coursed
through the Subic port. The conviction of the American sailor ended the libel
case.
So it was with Lacuarta again, with Fred Roxas (+) of the Philippine
News Agency and Ding Cervantes of Philippine Star, earning a P20-million
libel suit over their reportage of alleged anomalies and incompetence in the construction
of the FVR Megadike system. The complaint failed to go beyond the prosecutor’s
office.
So it was with Rizal Policarpio (+) of Balita who, until
1999, held the distinction of being the only member of the Pampanga media to
have gone the whole legal course of libel – filed by a town assessor implicated
in the murder of three men – and acquitted for absence of malice.
So it was with the venerable Toy Soto (+) of Times Journal, who
in his senior year was hit by what he evaded through his decades of journalism
practice – a libel suit from Angeles City traders inferred ina report of the
Clark Development Corp. as alleged smugglers. Dismissed at the prosecutor’s
office, nonetheless.
So it was with Arnel San Pedro of Manila Times, charged
over his exposes of allegedly anomalous transactions in a government rehab
center; acquitted after a decade of trial.
So it was with me.
As much a vindication – of the correctness of the story,
politically and factually – as a resolute re-commitment to the ethics of
journalism is every dismissal of libel. So many libel cases we have been
subjected to that the Pampanga Press Club, founded in 1949, is now a proud
keeper of a Libel Tradition.
Shields
Two basic elements in journalism we have experienced as strong
shields against libel: accuracy and fairness.
Precise as precise can be in the facts obtaining in one’s story.
While truth is not always a defense in libel, inaccuracies make falsities that
open the respondent to utter defenselessness.
Fairness is the antidote to malice – the usually most damning of
libel’s four requisites. Evil intent or ill will on the part of the writer will
be more difficult to establish in a story that presents all sides fairly.
Be truthful. Be accurate. Be fair. That’s what all the editors I
worked with told me on my way up in the pecking order of the Fourth Estate.
I have upheld – did my best to, every which way I wrote – all
three. Still, I’ve had my share of libel suits. And I’ve been lucky. Emerging
unscathed, and rather stronger, from them.
Even as I joined the voices raised against online libel in the
Cybercrime Law, mainly for the harsh punitive provisions, I have this fear over
the decriminalization of libel. At the Senate deliberations on the then
Cybercrime Prevention Bill, I was in awe of the honourable senators – Miriam
Defensor-Santiago, Ferdinand Marcos Jr., Alan Peter Cayetano, Francis Escudero,
Edgardo Angara and Teofisto Guingona III – moving toward that
direction.
However, I stand with Sen. Koko Pimentel in his cautionary plea
to his peers on decriminalizing libel.
“It’s a redress for grievance. If you’re libeled, you can
file a complaint, and if the fiscal tells you no libel was committed, at least
you feel you tried the remedy, and the potential penalty—since it’s a jail
term—is sufficient enough to deter indiscriminate libeling of people,’’
rationalized Pimentel.
“If we decriminalize it, more people would feel they’re victims
of injustice because they’ve been libeled, and they don’t have a remedy. We
don’t want people to take the law into their hands because of inefficient
justice system.’’
Inefficient justice system. That’s one operative phrase that has
not really factored in amid all the noise rising from the Supreme Court’s
declaration of the constitutionality of the Cybercrime Law.
Given the Maguindanao Massacre and other media killings even
with libel laws extant, it will most certainly get even worse with libel
decriminalized.
And the culture of impunity will get the nation in an even
tighter grip.
Yeah, I would rather face summons from the prosecutor’s office
than look straight into the barrel of a .45. I have been through that too.
No mere chilling effect but a polar vortex there.
,