Tuesday, October 07, 2008 Publisher refuses to enter plea on libel
MALAYA publisher Amado Macasaet on Monday did not enter a plea when he was arraigned for the nine-year-old libel case filed against him and editors of the broadsheet by former Rizal governor Casimiro “Ito” Ynares Jr.
The case was one of the two counts of libel filed by Ynares against Macasaet, and editors Enrique Romualdez and Joy delos Reyes before the Manila Regional Trial Court (RTC) in connection with an article that appeared in Macasaet’s “Business Circuit” column on March 1, 1999 about two warring groups of cockfight aficionados. The other case was already dismissed by the prosecutor.
Lawyer Freesia Gomez, branch clerk of court of Manila RTC Branch 36, said Macasaet did not enter a plea upon the advice of his counsel.
Judge Emma Young ordered the entry of a not guilty plea on behalf of Macasaet.
Last September 4, Macasaet posted a P10,000 bail after Criminal Investigation and Detection Group policemen served the warrant of arrest issued by the judge.
According to Macasaet, he had no idea why the case was being revived after almost 10 years since it was first filed. He said that he was under the impression that this case had already been dismissed by the prosecutor along with the other counts of libel charges filed by Ynares.
Seven counts of libel were separately filed by former local government undersecretary Narciso Santiago, husband of administration Senator Miriam Defensor-Santiago, which was basically about the same issues.
Macasaet said that he was not informed by the prosecutor that the case prospered and was even a bit surprised when policemen went to his office about the arrest warrant against him.
In a resolution dated July 9, 2008, the Department of Justice found probable cause to indict Macasaet, Romualdez and delos Reyes for the case.
The libel cases stemmed from a series of articles written by Macasaet about the dispute between two groups of cockfighting aficionados, the United Cockers Association of the Philippines (UCAP) and the National Cockers Association (NCA).
The alleged defamatory articles was quoted that: “To the surprise and chagrin of UCAP members, but to the joy of NCA, it turned out that Casimiro, president of NCA, pressured Eusebio (former Pasig mayor Vicente) to cancel the permit…”
“Although a publication which imputes political corruption or the use of political influence or privilege for pecuniary gain is libelous per se, still, since the privileged character or nature destroys the presumption of malice, the onus of proving malice is on the plaintiff, and whether malice of defendant exists, the same can only be proved after trial of the case on the merits,” the resolution stated. (ECV/Sunnex)
