SC upholds libel conviction of critic who accused Drilon of corruption

The Supreme Court has upheld the libel conviction of a former consultant to Senator Franklin Drilon for "defamatory" online posts accusing the lawmaker of corruption.

In a June 10 resolution released by Drilon's staff on Wednesday, the Court's Second Division affirmed a Court of Appeals (CA) ruling that sentenced Manuel "Boy" Mejorada to a prison term of two to four years for each of four cases, to be served simultaneously.

The CA had ruled that Mejorada failed to show good intention and motive to overcome the inference of malice in four "defamatory" articles he wrote in 2013 and 2014, which allegedly linked Drilon to corruption over the construction of the Iloilo Convention Center and other projects in Iloilo City.

Mejorada took his case to the SC, but the High Court denied his petition after finding that he failed to show that the appeals court erred in affirming his conviction for four counts of libel.

The SC said the CA was correct in ruling that the prosecution sufficiently established the elements of libel, and that malice was "presumed" because the articles in question were not privileged communication or fair comments.

"The accusatory character of the subject articles, as well as petitioner's failure to present any proof that the statements were based on established and documented facts, negates petitioner's claim that the articles were made in good faith," the SC ruled.

The SC also held that the prosecution's failure to present Drilon, the private complainant, as a witness was not fatal to the case because it said other witnesses were able to establish the "damage" caused by the publication of the articles.

The High Court further ruled that the CA "correctly affirmed the penalty of imprisonment" instead of a fine, finding that the lower court "sufficiently outlined the circumstances which warranted imprisonment."

While an administrative circular provides that a fine is preferable to imprisonment in libel cases, the Court said it did not remove trial courts' discretion to impose the penalty of imprisonment if "a fine was insufficient to meet the demands of substantial justice or would depreciate the seriousness of the offense."

Mejorada was originally convicted by the Pasay City RTC Branch 188 in 2017 for posting four online articles intended to expose the senator to “public hatred, dishonor, discredit, contempt and ridicule.”

In its original decision, the court said “the records of any case is bereft of any showing that Mejorada verified his stories.”

“Accused claimed that his accusations were based on established and documented facts, and yet he never presented any proof of such accusation,” the decision read. —JST, GMA News