CA affirms P101M libel suit vs Chronicle reporters, owner

MANILA, Philippines - The Court of Appeals on Tuesday affirmed the November 8, 2002 verdict of a Makati regional trial court finding the owner and reporters of the now defunct Manila Chronicle Publishing Corp. guilty for the crime of libel. The appellate court, in its 54-page decision penned by Associate Justice Agustin Dizon, found liable for P101 million libel Raul Valino, Neal Cruz, Ernesto Tolentino, Noel Cabrera, Thelma San Juan, Gerry Zaragoza, Donna Gatdula, Rodney Diola and owner Robert Coyuito in connection with the newspaper’s allegations that businessman Alfredo Yuchengco is a crony and dummy of former President Ferdinand Marcos. The CA noted that there is “preponderance of evidence" that the libelous articles were written with malice since the accused did not get Yuchengco’s side before publishing the stories. "In the instant case, the defendants-appellants did not exert bona fide effort to ascertain the truth of the accusations contained in the subject libelous articles. Clearly, defendants-appellants did not exercise any reasonable degree of care in publishing or causing the publication of the subject articles. There was no good faith effort as evidence by the fact that defendants-appellants did not make effort at all to talk to plaintiff-appellee (Yuchengco) regarding the issues," the Court ruled. The CA noted that there is sufficient evidence to establish that Coyuito abused his right as owner and chairman of the Manila Chronicle board by causing the publication of a series of defamatory articles against Yuchengco. It said Coyuito used his newspaper to vent his personal spite against Yuchengco, who was his rival in the bid for control over the Oriental Petroleum Mineral Corporation. “"The malicious design to injure the reputation and honor of plaintiff-appellee is plain and evident," the CA said. The CA noted that the constitutional guarantee of freedom of speech “does not mean complete or unbridled freedom to say or publish anything." “It cannot be used as license to invade other individual rights," it added as it dismissed the appellants’ claims that the published articles fall under those classified as privileged communication and within the ambit of the constitutionally guaranteed freedom of speech and of the press. The appellants had insisted that the articles should be considered as fair report and commentaries on matters of public interest. In his complaint, Yuchengco alleged that in last quarter of 1994, the Chronicle published a series of defamatory articles against him, wherein he was imputed to be a "Marcos crony" or a "Marcos-Romualdez crony," and naming him as a "corporate raider." The term "crony," according to him, is commonly used and understood in the Philippine media to describe an individual who was a recipient of special and undeserving favors from Marcos or his brother-in-law Benjamin "Kokoy" Romualdez due to extra-ordinary closes to either or both, and which favors allowed an individual to engage in illegal and dishonorable business activities. Yuchengco further said that the articles branded him as a mere dummy for Marcos and Romualdez clans in Benguet Corporation, which company sought to take-over the management of the Oriental Corporation. The plaintiff said such imputation is untrue since his holdings in Benguet Corporation were legally acquired by him. The Yuchengcos operate the Malayan Group of Insurance Companies, the Great Pacific Assurance Corporation, the Houses of Investments, Inc., the Rizal Commercial Banking Corporation, and the Alfonso Yuchengco Foundation, Inc. - GMANews.TV