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Thursday, September 18, 2008
SC upholds libel conviction vs 5 journalists
MANILA -- The Supreme Court (SC) on Wednesday affirmed the conviction for four counts of libel against journalist Erwin Tulfo in connection with a series of articles he wrote in 1999.
In a decision penned by Associate Justice Presbiterio Velasco Jr., the SC Second Division dismissed the petitions filed by Tulfo and the editors and publisher of the tabloid Remate seeking the reversal of the conviction meted by the Pasay Regional Trial Court, which was likewise upheld by the Court of Appeals (CA).
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Aside from Tulfo, who is a television host and tabloid columnist, also convicted were Susan Cambri, Rey Salao, Jocelyn Barlizo, and Philip Pichay.
The complainant in the case is lawyer Carlo So of the Bureau of Customs (BOC)-Intelligence Unit whom Tulfo depicted in his articles as a corrupt official.
The SC ruling, however, modified the court's order of imprisonment to just a fine of P6,000 for each count of libel from each respondent, with subsidiary imprisonment in case of insolvency. The award of actual damages and exemplary damages is deleted.
Concurring in the decision were Associate Justices Conchita Carpio-Morales, Antonio Eduardo Nachura, and Arturo Brion.
Second Division chairman Senior Associate Justice Leonardo Quisumbing, however, dissented on the ground that sufficient proof for actual malice on the part of Tulfo was lacking, which is required in the prosecution of a libel case.
The SC junked the argument of Tulfo that he is covered by a qualified privileged communication in view of his defense that his articles speak of "fair commentaries on matters of public interest," and based on the testimonies of his sources who attested to the identity and personality of So.
"The exercise of press freedom must be done with 'consistent good faith and reasonable care.' This was clearly abandoned by Tulfo when he wrote the subject articles. This is no case of mere error or honest mistake, but a case of a journalist abdicating his responsibility to verify his story and instead misinforming the public," the decision read.
The high court further said that although journalists may be allowed an adequate margin of error in the exercise of their profession, this margin does not expand to cover every defamatory or injurious statement they may make in the furtherance of their profession or does this margin cover total abandonment of responsibility.
Also, the SC pointed out that Tulfo did not offer proof for his accusations, adding that he relied only on his source for his columns, but did no further research. Thus, the court added the records of the case were bereft of any showing that So was indeed the villain Tulfo pictured him to be.
So filed the libel case before a Pasay court after Tulfo accused him of massive corruption and extortion activities in screening incoming shipments through customs at the South Harbor where the Customs official allegedly acquired his wealth.
According to So, Tulfo's columns tarnished his reputation and caused him dishonor and contempt among his peers and fellow members of the Iglesia ni Cristo.
On November 17, 2000, the Pasay Regional T0ial Court Branch 112 found Tulfo and his editors guilty beyond reasonable doubt of the crime of libel and sentenced them to a prison term of "prison correctional in its minimum and medium periods" or two years, four months and one day to four years and two months. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Iloilo. (September 18, 2008 issue)
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