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Saturday, October 22, 2005
DOJ junks libel case v. columnist, verbally flogs ex-fiscal Tajanlangit
The justice department has ordered the withdrawal of a libel case against a Sun.Star Cebu columnist, saying there was no malice in the published commentary that was, by itself, not libelous.
Instead, Justice Secretary Raul Gonzalez Sr. wrote, it was former Cebu City prosecutor Cezar Tajanlangit who “manipulated the presentation of facts and circumstances and “twisted the context” of the March 23, 2004 column.
Tajanlangit also “made unsupported inferences and baseless insinuations to the extent of distorting the meaning and/or principles of judicial jurisprudence” just to file the libel case against Atty. Elias L. Espinoza, read Gonzalez’s resolution dated Oct. 11.
The justice secretary wants the case, which is pending before Regional Trial Court Judge Geraldine Faith Econg, withdrawn within three days and dismissed with finality.
“(The) newspaper column in question must be read as a whole, not on a piece-meal basis, to better understand the true context and meaning of said commentaries,” Gonzalez said in his resolution.
“(It) is imbued with the character of a privilege communication/publication as it consists of a true and fair report and/or opinion concerning a matter of public interest and concern,” he also said.
Espinoza wrote how a shipment of psuedoephed-rine, a chemical ingredient in making the illegal drug shabu, had entered the Port of Cebu allegedly as a consignment of one Mike Cummings of Coastwise Ventures.
The firm, Espinoza said, leased a warehouse owned by the “King brothers” along H. Cortes St. in Mandaue City.
The columnist said investigators should look into the possibility that Cummings didn’t act alone in importing the regulated substance.
Businessman-brothers Richard, Raphael, John and Edward King filed a libel complaint against Espinosa before the Office of the Cebu City Prosecutor, then headed by Tajanlangit.
They impleaded Atty. Pachico A. Seares, Sun.Star Cebu editor-in-chief, and the late Jesus Garcia Sr., the paper’s publisher.
Assistant City Prosecutor Rodolfo Golez, in a resolution dated Sept. 10, 2004, recommended the dismissal of the complaint, but Tajanlangit only partially approved his findings.
While he dismissed the charges against Seares and Garcia, Tajanlangit found probable cause to elevate the libel complaint before the Regional Trial Court.
Espinoza filed a motion for reconsideration but was promptly denied. He filed a petition for review before the Office of the Chief State Prosecutor but was also denied.
Espinoza elevated the matter to the justice secretary and argued that no proof was ever presented to show that his opinion was false.
No evidence was also submitted to show that it was written in reckless disregard, he said.
Gonzalez, in his ruling, said Tajanlangit’s resolution finding probable cause against Espinoza “consisted of mere innuendoes” and that they were “unsupported by facts as presented.”
He cited a string of jurisprudence, among them the Supreme Court ruling in the Ledesma vs. Court of Appeals case: “There is no malice when justifiable motives exist and in the absence of malice, there is no libel.”
He also cited the High Tribunal’s ruling in the Borjal vs. the Court of Appeals case: “A newspaper should be free to report on events which the public has a legitimate interest, with minimum fear of being hurled to court in criminal and civil action for libel, so long as the newspaper respects and keeps within the standards of morality and civility prevailing within the general community.” (KNR)
(October 22, 2005 issue)
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