Saturday, January 12, 2008 Leo slapped with another libel case
COLUMNIST Leo Lastimosa will be facing another libel case in court, this time for his column titled “Si Doling Kawatan.”
In a resolution dated Dec. 12, 2007, signed by Assistant Prosecutor Fernando Gubalane, the prosecutor’s office recommended that the libel case against Lastimosa be sent to court.
This is the second libel case that Lastimosa is facing for criticizing Cebu Gov. Gwendolyn Garcia in his columns. Last week, he posted bail after being served an arrest warrant for a libel charge that stemmed from another column, titled “Pa-ugat ni Gwen.”
Sun.Star Cebu failed to reach Lastimosa last night despite repeated calls.
The column “Si Doling Kawatan” (Doling the thief) talked about a fish vendor who suddenly got rich, using unexplained sources of wealth.
It did not categorically name Garcia.
But the governor’s brother Byron Garcia and consultant Glenn Baricuat-ro executed affidavits that the column obviously referred to Garcia as they are “familiar with the issues, circumstances, characters and events attendant to Lastimosa’s long, open and public attack on the reputation and honor of the governor since the last quarter of 2002.”
Garcia, in her complaint, said that Lastimo-sa resorted to allegory and metaphor in attacking her person, honor and reputation. She said the name “Doling” was clearly a play on her first name, and that the column portrayed her not only as a thief, but also as a vindictive, ill-tempered, foul-mouthed and cruel person.
Lastimosa has countered that in his entire career as a media practitioner, he has committed himself to the highest degree of professionalism, integrity and excellence in the performance of his work.
He also said the article was a work of fiction and he was surprised that Garcia considers herself as the main character.
But Gubalane, in his resolution, said he agrees with the conclusion of the panel that the article is “defamatory” and the “writer acted with malice.”
He cited the book “Fundamentals of Libel Law” by Leonardo Reyes, which states that “to maintain a libel suit, it is essential that the victim must be identifiable, although it is not necessary that he be named.”
“In this case, the lead character, Doling, may refer to the complainant Gwendolyn, who was depicted as a thief, vindictive and a cruel person. That is why some readers of the said article, namely Byron Garcia and Glenn Baricuatro, state in their affidavits that it was clear and apparent that the principal character viciously maligned and besmirched in the said article is none other than the lady governor,” Gubalane said in his resolution. (MBG)
