Friday, January 04, 2008 Seares: Civic lesson rom a judge By Pachico A. Seares News Sense
BARILI, Cebu RTC Judge Leopoldo V. Cañete's decision dismissing Gov. Gwen Garcia's complaint for civil damages against broadcaster Leo Lastimosa also instructs us on civic duty.
What have Leo and his defenders been saying all along? Choice of Barili as venue is aimed to harass him, as he has to travel to the southwest town to attend hearings.
But, of course. Leo "crucified" Gwen on radio and in print. Did he expect kid gloves from her when he used bare knuckles in his own assault?
But Judge Cañete only briefly touched on Gwen's intent in picking Barili when she lives and works in Cebu City. Citing the case of Time, Inc. v. Reyes, he did quote the Supreme Court on the need to avoid "unnecessary harassment" of the journalist.
Bulk of his ruling though dwelt on how Gwen's choice could impair public service, a Supreme Court concern aired in the Time case.
Need to testify
Gwen would have to testify on the "mental anguish, serious anxiety, social humiliation" to justify her claim for moral damages. That would take her away from her job, Judge Cañete said, and public service would be "greatly affected and hampered."
A journalist defending a lawsuit from a public official shouldn't just think of the pain it inflicts on his person. He must also think of the public hugely deprived of the official's time and energy spent on hearings in a faraway court.
That's one way of looking at the judge's focus in throwing out the Gwen complaint. There's another view of it but it's a cheap nasty shot.
For now, let's hail the judge for his success in making a dispute on libel venue offer a lesson on civics.
