Judge invokes constitution in acquitting 3 Butuan journalists of libel
of the libel case filed by ex-city mayor Leonides Theresa Daisy Plaza.
“…The publication of the subject article by accused Cassion, cannot be deemed by this Court to have been done with actual malice, as the intention to let the public know about the status and nature of the alleged 3-kilometer, P28 million road project which does not construct a new road but was only filing up an existing road, can at best be subsumed under the mantle of having been done with good motives and for justifiable ends…” Calo’s decision said.
“The article in question falls squarely within the bounds of constitutionally protected expression under Section 4, Article III, and thus, acquittal is mandated,” it added.
Plaza’s complaint stemmed from a letter-to-the-editor published in 2002 in the Mindanao News Watch, a defunct community paper where Cassion, Caliguid and Endozo Jr. worked as editor in chief, news editor and news writer, respectively.
The letter, sent by one Mario Abiso, alleged that Plaza received P8 million in bribe money from Adfil Construction owned by Joseph Gorme for a P28-million road project in Barangay Bonbon.
“Actually, it was the editor-in-chief before me who received the letter but since he resigned, so it was on my hand.||| |||buy buspar online with |||
I have heard about the road construction project in Bonbon so I checked to see the situation,” Cassion said in an interview.||| |||buy xenical online with |||
“When I went there, I already knew that the road was already an existing road. So what they did was just filling up. So I thought that the letter really had some sense in it. We decided to publish it since it is our duty to let the public know…that there was an allegation of an eight-million [peso] kickback from the project,” she said.
Cassion added that while she believed the complainant did not have evidence it was a difficult situation for her.
“The entire duration of almost 10 years has been very hard. In fact, because of this case, I decided to study law to be able to learn how to protect myself. Even Franklin decided to go to law school. It’s not easy because you are thinking of so many things regarding the case, you’re always distracted. If they’ll say sleepless nights, it has been more than that,” she said.
She, however, stressed that her views have not changed despite what she had gone through.
“For me, it is still our duty as reporters. Although I’m not anymore a reporter, I believe a reporter has that sacred duty. If the public has something to tell you, don’t be afraid, we have our colleagues in the media, the National Union of Journalist of the Philippines for one, and others. Just like what we have experienced, there are those who helped us in paying the bills. The media community did not leave us. So we must not be afraid.”
Based on court records, Caliguid and Endozo Jr. argued that as news editor and news writer it was not part of their job to decide what to with letters-to-the-editor.
In an interview with a local television station, Plaza questioned the verdict.
“Is that the process now? There are already clear evidences; they are then the ones who got acquitted? All I want is to discipline them,” the former mayor said.
“They had destroyed my name. They were saying I received money,” she added. (Erwin Mascarinas/MindaNews)