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Thursday, June 08, 2006
Libel case v. Sun.Star junked
The Office of the Cebu City Prosecutor has dismissed the libel charge Bogo Mayor Celestino “Tining” Martinez III earlier filed against Sun.Star Cebu.
The complaint rose from two articles narrating how he was alleged as the “financier” by one of the accused in the Aug. 2, 2005 robbery of the Land Bank of the Philippines Bogo branch.
Dindo Ancero, the accused, later retracted.
Cleared were editor-in-chief Pachico A. Seares, managing editor for news Isolde D. Amante, news editor Ma. Carmel P. Geverola, and staff reporters Mia E. Abellana and Karlon N. Rama.
Ancero, who was impleaded for being the source of the allegation, was also cleared, as the complainant’s evidence failed to show that he caused the publication.
“The questioned articles, when read and construed in their entirety, show no imputation of any discreditable act or condition by respondent Sun.Star personnel against complainant,” read the resolution prepared by Assistant City Prosecutor Raul Cristoria and approved by City Prosecutor Nicolas Sellon.
Formerly a graft investigator at the Office of the Ombudsman-Visayas, Cristoria joined the prosecution service only in May last year.
“Malice on the part of the herein respondent Sun.Star personnel is wanting under established facts of this case,” the ruling continued.
Even the headline was balanced, it added.
Impression
Martinez, in his complaint, charged Abellana and Rama with one count of libel each for the articles that were published on Sept. 24, 2005 and Oct. 1, 2005, respectively.
The editors were impleaded for both publications, and so got charged with two counts each.
Ancero, Abellana’s source in the Sept. 24 article, was also charged.
In his affidavit, Martinez alleged how the articles were “deliberately written in a matter that was intended to create an impression and conviction on the mind of its readers that what has been written was a fact and not a mere allegation.”
“The repeated use of the word ‘revealed’ in all the foregoing paragraphs successfully conveyed certainty, conviction and truth about my supposed involvement in the bank robbery,” he said.
Retraction
He added that when Ancero took back his statements, the respondents supposedly made it appear that the retraction was “uncertain” by writing: “But late last night, Ancero reportedly retracted his statements linking the mayor to the heist.”
Abellana, in her counter-affidavit, said the phrase “reportedly retracted” was a qualification. She said she merely heard a radio report depicting Ancero as having retracted his statement but did not get it first hand.
However, she gathered Ancero’s allegations against Martinez first hand in an interview.
“The use of the word ‘revealed’ in a news story refers to the revelations of the source. It does not indicate the statement as fact,” Rama, for his part, said.
In his counter-affidavit, Rama said the Oct. 1, 2005 story was regarding a habeas corpus petition filed pursuant to the Land Bank case and that the portion of the story Martinez was objecting to was the background that, in turn, was culled from the Sept. 24, 2005 report.
“The questioned article of respondent Abellana is seen by this office has having merely given the readers an account of what transpired during the interview with Ancero,” Cristoria’s resolution read.
“In the same way, the questioned article of Rama did not contain any of his opinions or personal views. It is clear from his article that the supposed involvement in the robbery case was merely hinted or alleged,” it added.
For Bisaya stories from Cebu. Click here. (June 8, 2006 issue)
Write letter to the editor.Click here.
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