Court dismisses complaints vs. GMA Network, Mike Enriquez

A Caloocan City court recently dismissed a civil complaint against GMA Network and Mike Enriquez, host of the investigative television show "Imbestigador". It was a suit filed by a man whose house was raided and searched by police, an event aired by the show.

 

The Regional Trial Court (RTC) Branch 126 of Caloocan City dismissed the civil complaint for damages filed by plaintiff Ronald Virola against GMA Network and Enriquez for the episodes of "Imbestigador" aired on December 14 and 28, 2002.

 

Citing the serious anxiety and humiliation he reportedly suffered, Virola was seeking P1.2 million worth of damages from GMA Network for the alleged malicious reporting against him in the two episodes of "Imbestigador."

 

The episodes carried a story on Virola, whose house in Caloocan was raided by police based on a search warrant for  regulated and/or prohibited drugs, including the anti-anxiety drug Ativan. 

 

The search also covered the video tapes reportedly containing nude footage of different women having intercourse with the suspect.

 

Virola alleged that Enriquez, through "Imbestigador," falsely imputed upon him crimes of rape and obscene publication.

 

No merit

 

Presiding Judge Lorenza Bordios, in the 26-page Decision dated November 10, 2011, found no merit to award damages to Virola because GMA Network cannot be held liable for defamatory imputation or libel in the "Imbestigador" episodes cited.

 

The court said GMA’s broadcast of the Virola's story falls under privileged communication because it is fair commentary on matters of public interest, a valid defense a libel case.

 

Section 3 of the Bill of Rights of the Philippine Constitution states that, "The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law."

 

The court said the issues on the use of drugs to rape minors and produce obscene publications are matters of public and general interest.

 

The court also said it was Enriquez’s duty as broadcaster to keep the public aware of how technology and drugs can be used to commit such crimes.

 

The decision read, “the plaintiff failed to prove by preponderance of evidence that defendants [GMA Network and Mike Enriquez] made the audio-video publication of the questioned portions of Imbestigador with malice.”

 

The court said that Enriquez’s statements were based on affidavits of witnesses and court orders filed against Virola before the episodes were aired.

 

Then Imbestigador executive producer Jaileen F. Jimeno said the episodes were never aired abroad because it was only in February 2005 that GMA began international broadcasts of its programs.

 

Jimeno also said the "Imbestigador" team did not personally know Virola and had neither reason nor motive to cause him damage or harm. - VVP/HS, GMA News