Newspaper editors and publisher detained, post bail for libel

CMFR/Philippines—The publisher, along with seven editors of the Philippine Daily Inquirer, one of the Philippines’ major dailies, was detained for an hour at a Manila Police Station on 20 March 2007 after  posting a libel bond of P50,000 (approx. $1,000).  A Manila court issued had issued warrants for their arrest over a P22 million ($440,000) libel charge by Jose Miguel “Mike” Arroyo, husband of President Gloria Macapagal Arroyo.

Libel is a criminal offense in the Philippines.

Publisher Isagani Yambot, editor-in-chief Letty Jimenez Magsanoc, managing editor Jose Ma. Nolasco, associate editor Abelardo Ulanday, associate editor for readership Rosario Garcellano, news editor Artemio Engracia Jr., opinion editor Jorge Aruta, national editor Pergentino Bandayrel Jr., senior desk editor Juan Sarmiento Jr., and columnist Ramon Tulfo were ordered arrested by Judge Virgilio Alameda of Manila Regional Trial Court (RTC) Branch 10 after he found “probable cause” in the libel complaint of Arroyo.

The Inquirer reported that Magsanoc was not able to post bail because she was sick. Tulfo, meanwhile told the Center for Media Freedom and Responsibility (CMFR) that he will post bail for the Inquirer case along with the staff of Bandera, a tabloid in Filipino where Tulfo’s column appears in translation. Arroyo has also sued the publisher, editor-in-chief, associate editor, and circulation manager of Bandera along with Tulfo.

Tulfo’s columns linked Arroyo to the alleged smuggling activities of businessmen Sammy Lim, and Vicky and Thomas Toh. Vicky has been romantically linked to Arroyo.

Yambot and the seven Inquirer editors had posted bail at the Manila RTC at around 2 pm (local time), the Inquirer reported. They were told to go to Manila Police Station 10 to “voluntarily surrender.” They arrived at 4 pm and were released an hour later when a release order issued by Manila Regional Trial Court branch 10 Judge Virgilio Zalameda reached the police station.

Zalameda’s March 15 arrest order said that “the court hereby finds probable cause against the accused showing a reasonable belief that the crime of libel (five counts) has been committed and that the accused are probably guilty of the offenses charged.”

Tulfo maintains that there was nothing libelous in his columns.

“The only goal of Mr. Arroyo is to gag the media. His aim is to silence me and intimidate journalists who write articles critical of him,” Tulfo told the CMFR.

Tulfo said that Arroyo’s libel suits will not affect his work as a columnist.

Yambot described Arroyo’s libel suit against the Inquirer as part of Arroyo’s attempt  “to muzzle the press, hoping to produce a chilling effect.”

Yambot also noted an irregularity in the way the libel case was dealt with by the country’s justice system.

“There was unusual haste in this particular case. It was the first time the justice system worked so fast,” Yambot said in the Inquirer.

Arroyo has filed 11 libel suits against 46 journalists. The CMFR, along with the Philippine Center for Investigative Journalism, the Daily Tribune, and several editors and reporters filed on 28 December 2007 a P 12. 5 million ($250,000) class action suit against Arroyo for his numerous libel suits against the press. The plaintiffs in the class action suit invoked Articles 19, 20, 21 and 32 of the Philippine Civil Code and said that Arroyo had abused his right to sue and violated press freedom.

Arroyo, who is a lawyer, along with his legal aides claimed that he is not a public figure and should not be subjected to media scrutiny.

A ruling by Manila Judge Zenaida Daguna on 8 March 2007, however, contradicts Arroyo’s claim. Daguna dismissed Arroyo’s libel complaint against former Solicitor General Frank Chavez and said that (Arroyo) is the “First Gentleman of the Republic of the Philippines. It cannot be denied that he is a public figure.”

Arroyo had sued Chavez after the former solicitor general was quoted in news reports as linking the president’s husband to the P728 million (approx. $14,560,000)  fertilizer funds scam in the Department of Agriculture that was allegedly used for the election campaign of his wife President Arroyo in 2004.

“…the press ha(s) a privilege, under the Constitution, to inform the public about those who have become legitimate matters of public interest. The acts and lives of public figures are more open to criticism, comments and remarks. Private complainant, therefore, cannot claim that he was defamed by the articles,” Daguna said in her five-page decision.

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