Friday, May 30, 2008 Paper seeks dismissal of suit filed by Boracay developer
AFTER its libel case was dismissed, Panay News Inc. wants the damage suit dismissed as well.
Panay News Inc. publisher Danny Fajardo and editors David Sinay, John Paul Cadiz, Glenda Chiva and Sammy Julian filed a motion to dismiss the civil suit filed against them by J. King and Sons Company Inc. and Fuente Triangle Realty Development Corp.
The civil suit was filed before the Cebu City Regional Trial Court (RTC) Branch 20.
The defendants claimed that plaintiff J. King and Sons is not a party to the case.
The suit stemmed from an Aug. 16, 2007 Panay News banner story with a headline that read, “Risky Business—Crown Regency’s public sale ‘smells fraudulent’.”
It focused on the condotel complex planned in Boracay known as the Crown Regency Resort and Convention Center.
Subsidiary
The complex is owned by Boracay Multiple Properties Developer Inc. (BMPDI), a subsidiary of J. King and Sons, and to be developed by Fuente Triangle.
Panay News claimed that while J. King and Sons own BMPDI, the two are separate entities.
“Indeed, the subject article does not contain a single sentence that makes reference to plaintiff J. King. Therefore, even assuming without conceding that the banner story is malicious or a product of ill-will, the wrong is done against BMPDI,” read Panay News’ motion to dismiss.
The newspaper also claimed that the news article did not contain even a hint of malice as the publisher and editors are not motivated by personal ill-will to do so.
“All statements wherein reference was made to plaintiff Fuente Triangle are in fact, not malicious,” the motion also read.
Panay News also called on the alleged “forum shopping” of the plaintiffs.
As proof, the newspaper attached an earlier ruling from the Pasig City RTC Branch 264 dated Feb. 8, dismissing the libel case filed against the same defendants.
RTC Judge Leoncio Janolo Jr. of Pasig City ruled that the prosecution failed to satisfy the elements of libel. These elements are defamatory imputation, malice in law or in fact, publication and an identified or identifiable victim.
The judge neither found malice nor defamatory imputation in the Panay News article.(JGA)
