The Regional Trial Court in Davao City has acquitted two print journalists in libel cases filed by former House Speaker Prospero C. Nograles in 2010, or seven years ago.
In an order dated October 16, 2017, RTC Branch 11 Judge Leo Tolentino Madrazo dismissed two consolidated counts of libel against editor Roger Balanza and publisher Edgar Velez of the Durian Post. The decision was read in court during promulgation of judgment on November 17, 2017.
The cases stemmed from two news reports written by Balanza and published in the Durian Post, a weekly paper circulated in the Davao Region.
In Criminal Case No. 68,511-2010, Nograles said the article titled “The truth and nothing but the truth,” published in the February 22-28 issue of the Durian Post contained the paragraph: “Don’t you know that Benjamin de Guzman and Nograles doctored the COA report to show otherwise?” In his complaint, Nograles said the article was “injurious and defamatory” with the “intention of attacking his honesty, virtue and reputation” and “destroying his reputation and discrediting and ridiculing him in the bar of public opinion.”
In acquitting Balanza and Velez, Judge Madrazo sustained the view of their defense that the article was based on a Commission on Audit (COA) report “which is a public record available to all.” He described the article as “fair comment”.
In Criminal Case No. 88, 512–2010, Nograles said the article “Does he deserve your vote? Nograles shaming city before world, nation,” written by Balanza and published in the February 15-21 issue of the Durian Post, was likewise “injurious and defamatory.” Nograles cited portion of the article which stated: “In another move that brought insult to the city and the Dabawenyos to international level, Nograles, tagging with President Gloria Macapagal-Arroyo, used the presidential official visit last year to the United States to bring up the case of summary executions in Davao City before the American and United Nations officials.”
The article, according to Nograles, transmitted “maliciously and intentionally to the public, the impression that (he) in the guise of official business, shamed Davao City and its constituents…. with the object of destroying his reputation and discrediting and ridiculing him in the bar of public opinion.”
“This Court finds that the above-quoted words/phrases do not fall under the ambit of defamatory remarks and may be considered as ‘just criticisms’ or ‘fair comments’ on actuations of public officials,” said Judge Madrazo in his decision.
Judge Madrazo in acquitting the journalists in the seven-year old case, capped his decision with a Supreme Court ruling on “fair comments”: “Comment and criticism of the public acts of public officials, and of the mental , moral and physical fitness of candidates for elective offices, when made in good faith and with justifiable motives, are usually privileged. They are an incident of liberty of speech and press freedom. The interests of society require that immunity should be granted to the discussion of public affairs, and that all acts and matters of a public nature may be freely published with fitting comments and strictures. But they do not require that the right to criticize the public acts of public officers should be based upon false statement of facts. Nor do they justify an attack on the private character of the officer, or the right to falsely impute to him malfeasance or misconduct in office.” Nograles initially filed four counts of libel against the journalists but the court dropped two of the cases and consolidated the remaining two counts. Nograles filed the cases shortly after the May 2010 elections where he lost in the mayoral contest to then Vice Mayor Sara Duterte, whose media campaign involved Balanza as he himself admitted in a press statement .
When asked to comment on the court verdict, Balanza who continues to publish Durian Post, said“it was the call of the hour when I wrote the articles: I did my job as a journalist. It was the call of the hour when former House Speaker Nograles filed the case: He had all the right to seek redress if he was offended. Those were bad hours: Political season.
“The call of the hour now is healing,” he said.”Am looking forward to working with the honorable former Speaker: the call of the hour today is for all Dabawenyos to work together for the success of our Mayor Rodrigo Duterte and the peace and progress of the country under our President Duterte.”
