CenterLaw takes up cudgel for Gensan journalist in P75-M Pacman libel case

The Center for International Law (CenterLaw) will defend General Santos City-based freelance journalist Edwin Espejo in the P75-million libel suit filed against him by boxing sensation and Sarangani Rep. Manny Pacquiao, according to its executive director, lawyer Romel Regalado Bagares.   At the same time Bagares urged Pacquaio to withdraw the complaint he filed against the journalist in connection with the latter’s reportage linking former Presidential Anti-Smuggling Group official Mohammad "Bong" Akia –wanted by police for carnapping – to him.   “It would do well for Mr. Pacquiao in his job as a legislator to support calls for the decriminalization of libel in the country by recalling the suit he filed against Espejo,” said Bagares, citing the UN Human Rights Committee's view that criminal libel in the Philippines violates its obligations to protect free expression under Article 19 of the International Covenant of Civil and Political Rights (ICCPR), to which it is a signatory.   Bagares added that Pacquaio can even lead the way by supporting or filing a bill to decriminalize Philippine libel laws.   The legal team of the Sarangani congressman and boxing legend filed the case on March 5, over Espejo's article which said sources had informed him that Akia had been staying in Pacquiao’s mansion even as police were closely monitoring the former Presidential Anti-Smuggling Group official’s movements.   The pieces were published under the headlines "Stolen car dealer finds refuge in Pacman mansion" on the Asian Correspondent site, and "Dealer of stolen cars last seen in Pacman mansion" on MindaNews.   Espejo cited reports that Akia (or Aquia) was seen with Pacquaio on a flight from Manila to General Santos City, and that the two departed in the same car for Pacquiao's mansion. Akia/Aquia has not been seen since.   According to Bagares, Espejo sought the congressman’s side to the story, but could not reach him as Pacquiao was then abroad. Espejo then spoke with a lawyer for Pacquiao, who denied that the congressman had anything to do with Akia.   “From the legal point of view, there is no libel in what he wrote about Rep. Pacquaio,” said Bagares. “Mr. Espejo followed the standard journalistic procedure in verifying the story with sources and in obtaining Rep. Pacquiao’s side. Moreover, the issue is clearly a matter of public interest subject to reportage and fair comment.”   The National Union of Journalists of the Philippines (NUJP) has also urged Pacquiao to reconsider the case saying he is in a good position to set an example for other politicians to emulate: “It would be a shame if Pacquiao should risk his well-deserved reputation by succumbing to the same urge that has seen abusive official after abusive official resorting to our draconian criminal libel law — or even worse measures — to stifle reasonable criticism and critical coverage.”   NUJP also urged Pacquiao to drop the case, and renewed its call for the decriminalization of libel in a report on Mindanews.   Espejo heads the NUJP chapter for South Cotabato, Sarangani and General Santos City.   “We are in contact with Mr. Espejo and we have assured him of our legal support,” said Bagares, a former journalist.   Early this year, the UNHRC declared that the Philippines breached its obligations under the ICCPR when Davao City-based broadcast journalist Alex Adonis was sent to prison in connection with a libel suit filed against him by then Speaker Prospero Nograles over what has come to be known as the “Burlesque King scandal.”   The view is the Committee's ruling on CenterLaw's petition filed in mid-2008 on behalf of Adonis. According to the UNHRC, the country’s criminal libel law is “incompatible” with Article 19 of the International Covenant on Civil Political Rights, which protects the right to free expression and opinion.   Adonis was represented in the proceedings before the UNHCR by Centerlaw’s chief counsel, lawyer Harry Roque.  CenterLaw, a human rights organization dedicated to the promotion of free expression, is a charter member of the Southeast Asia Media Defense Network, an alliance of regional lawyers’ and media advocacy groups providing legal support to journalists facing legal persecution for the work they do.   According to CenterLaw, free expression advocacy groups see the UNHRC’s pronouncement in the Alex Adonis case as a landmark holding, as it was the very first declaration by the human rights body on the incompatibility of criminal libel laws with the right of free expression. - AMD/KBK, GMA News