By Tech Torres
Inquirer
A Makati City court on Thursday found journalist and newspaper publisher Ninez Cacho Olivarez guilty of libel for writing a column accusing a law firm of influence peddling in the Ninoy Aquino International Airport Terminal 3 (NAIA3) deal.
And the Villaraza Cruz Marcelo & Angcanco Law Firm (also known as The Firm) says it is pursuing 47 more libel suits — each case for one article — it has filed against the publisher of The Daily Tribune.
“We want to hold her accountable for these 47 malicious articles. It’s not just about the money,” said lawyer Miguel Silos.
Olivarez was sentenced to a minimum of 6 months to a maximum of 2 years by Judge Winlove Dumayas of Regional Trial Court Branch 59. She was also ordered to pay P5 million in moral damages and P33,732.25 in civil damages.
Aside from these fines, Olivarez was also ordered to pay a libel fine of P4,000.
Olivarez however maintained that the court did not prove any malice in her articles.
Judge Winlove Dumayas of Regional Trial Court Branch 59 sentenced Olivarez, publisher of The Daily Tribune, to a minimum of 6 months and a maximum of 2 years imprisonment.
“It’s clearly an injustice. What was written there was not libel,” Olivarez said defiantly, albeit a bit teary-eyed.
Her lawyer Alexis Medina said they will appeal the Makati court’s decision by filing a motion for reconsideration and exhaust all legal remedies.
Olivarez, for now, may enjoy freedom as the court allowed her provisional liberty granted she posts bail.
Medina asked for the provisional liberty of Olivarez pending the filing of the appeal on the verdict.
The usual bail recommended for libel is P10,000, but Dumayas has yet to specify the increased amount for Olivarez’s continued freedom.
The case was filed in 2003 by stemmed from Olivarez’ June 23, 2003 column in which she claimed collusion between then Ombudsman Simeon Marcelo and the law firm on a complaint filed by its client against the winning bidder for the construction of the NAIA 3.
Related story: Olivares conviction stress need to decriminalize libel.
The Tribune has been a thorn in Gloria’s side. GMA failed to silence her with her 1017. Without rebutting Ninezz’s claims, I wonder where the court based its decision. Influence peddling? We all know who pushes the buttons to get things done in this country.
Napakahirap magsabi ng katotohanan.
Kayong nasa gobyerno matatanda na kayo huwag na tayong maglokohan. Sige ikulong nyo si Ninez… madadagdagan ang mga bayani.
Press freedom is no doubt, dead in the Philippines. This government, noted for its vengeance and influence peddling, has added another chapter of infamy for the Filipinos to unite and think what appropriate action to take. Sobra na, tama na, mag-isip na kayo!!!
another judge going the way to san jose (pidal)? hindi niya alam ung current thrust ni cj puno to decriminalize libel.
mabatukan kaya at ng magising.
The law firm that Ninez ran into was connected to Malacanang.
Clearly, Malacanang’s hand was on this case from the very beginning. Malacanang is also using GSIS to get back at the Lopezes who also own ABS-CBN, another media critical of Arroyo. Are these not clear to us? There’s an undeclared Martial Law!
Matinding kalaban ang The Firm. Firm na firm ang hawak kay The Bitch!
Go!Go!Go! Ninez!
Influence peddling, ang Pidals ang guilty niyan…peddling dito…peddling doon ng kakorapan!
Villaraza Cruz Marcelo and ex-Ombudsman Simeon Marcelo, what’s their relations kaya?
Nina Cacho-Olivarez is one gutsy lady journalist, just like Ellen Tordesillas. These ladies are real tigers. They can criticize the personalities at Malacanang straight in their faces if they have to. Considering their gender, I’m amazed by their boldness to clash head-on with Gloria and company. Way to go, ladies. I’m quite certain a lot of our countrymen are mighty proud of both of you.
To: Ms. Cacho-Olivares, just hang in there. No matter how much
Malacanang’s influence on the court is, this present, rotten, stinking, manipulative, ruthless, bogus,
corrupt, etc., government is bound to self destruct very soon. Funny, but they don’t even know it. Of course. How could they? Their mind and conscience are corrupted, right?
Keep yourself in high spirits. We’re all pulling for you.
The Firm and Mafia boss Jose Pidal are guilty of influence peddling. Forty seven more libel suits to follow. This is a big blow to Philippines’ press freedom.
Nakakaiyak! Magluluksa na lang ako for the death of press freedom in the Philippines! Anong ginagawa ng mga human rightist lawyer diyan?
Ang dapat gawin ng mga pilipino i-boycott iyong law firm na iyan. Pag may matino nang hustisya diyan patanggal lahat ang mga lisensiya ng mga iyan sa pakikitsuba nila sa mga kurakot. Panahon nila ngayon. May araw din sila!
Magluksa tayo sa kamatayan ng katarungan sa Pilipinas. This is how the evil bitch gets her way, ikinukulong niya ang mga taong nagsasabi ng totoo at yung mga sinungaling, magnanakaw at mamamatay tao ang namamayagpag sa rehimeng ito. Whatever happened to our basic contitutional rights?
Ninez, if I were you, continue exposing all that you know about the dirt of the evil bitch and her family (biological and political). The people are behind you. This is how the evil bitch want to silence the people- if you oppose you are in jail! HITLER talaga!
Wow, nagtawag ng media ang The Firm a day before Ninez libel conviction. Halatang-halata ang maniobra.
As I have admonished before, let the street court do the walking. Isang bala lang bawat isa iyan. Just get one or two of the closest to the evil bitch and bahag agad ang mga buntot nyan. It’s time to do some action.
Magandang laban ito, which will be a landmark constitutional case. It will benefit all journalists.
There is a flaw in the penal law, which needs to be addressed. Of course, until a case comes up to the Supreme Court, they cannot rule on it. What is the flaw? The law says:
“A libel is public and malicious imputation of a crime….” Art. 353 Revised Penal Code.
Then in Art 354, it says: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown…..
Article 353 enumerates the elements of the offense – that the defamatory statement be (1) public and (2) malicious. Then, Article 354 says malice is presumed, unless the offender can prove her good intentions.
So the burden of proof is shifted to the defendant? She must prove her good intentions? Isn’t it part of due process that the government must prove every element of the offense? The Congress has not only shifted the burden, it has made a finding of fact (the defamamtory statement is malicious), which is a judiciary function.
I am not a fan of Pecabar, or ACCRA, or the “victim” law firm. Kung ako ang mag-re-recommend, si Saguisag na lang, or si Professor Alfredo Tadiar ng UP.
This law (libel) punishes speech, plain and simple. It is elementary that Congress can only punish actions, for speech is protected. There are exceptions, of course, the so-called clear and present danger rule. But that applies only in cases where the speech is so coupled with action that speech has to be stopped before action commences.
The classic example of Justice Oliver Wendell Holmes is, when somebody shouts “sunog” in a crowded movie theater. People will immediately stampede. Similarly, in the case of a demonstration, when passions are high, like in Mendiola, at the height of the First Quarter Storm, anybody who shouted “patayin si Marcos” would have not been protected by the freedom of speech clause; because the speech could easily provoke action. It is different of course, if somebody shouted “patayin si Marcos” while in a girlie bar watching somebody strip. The action would be towards the stripper, not Macoy.
So this can be the other argument, that the penal law punishes speech, not action; and Congress has no authority to punish speech.
Atty36252,
Let me make sure I understand this article you quoted:
“Then in Art 354, it says: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown…..”
So even if you are stating a fact, if there was malice you are guilty of libel?
Malabo yata but then again even Neal Cruz wanted that libel law revisited because it seems to have been copied during the wild west period in America.
Pasensya na ho one more question, will this provision be included in Nogi Boy Nograles proposition to remove the imprisonment penalty in this libel law or will it stay?
So even if you are stating a fact, if there was malice you are guilty of libel?
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No. Jurisprudence says truth is an absolute defense. Kung pangit pangit talaga. It will not be libel to say Quasimodo was ugly.
it seems to have been copied during the wild west period in America.
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There is no more criminal libel in the US.
will this provision be included in Nogi Boy Nograles proposition to remove the imprisonment penalty in this libel law or will it stay?
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Yes, if it passes. There are those opposed to it though, including the revered (by me) Justice Vicente Mendoza. It will not be necessary, however, if Ninez fights it all the way to the Supreme Court to enrich jurisprudence. Sisikat ang abogado diyan, win or lose, because it will be a novel question of law.
Sorry. I see what you are driving at, the phrase, even if it be true. The full definition of libel is as follows:
A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
There is the added element of tending to cause the dishonor, discredit, or contempt . So writing that a guy is gay is okay. But stating it derisively, like “he is xxx (negative adjective) because he is a faggot” would be courting a libel suit.
My problem with this libel suit is the fact that Ninez was commenting on a public figure – Marcelo. She was pointing to Marcelo’s alleged corruption. The practice is corrupt because the public official was directing business traffic to his law firm. Of course, she had to mention the law firm; but the attack was on the public official, not the law firm.
Why did the law firm sue, not Marcelo, because commenting on a public figure is privileged, and the case would not have prospered. So this was a circuitous argument to get back at Ninez for criticizing Marcelo. I must admit it is a crafty argument.
CJ Puno’s activism in the Supreme Court will be rendered insignificant since another Asso. Justice will be there to stand by The Firm.
Remember Villaraza-Cruz-Marcelo and Angcanco Law was originally Carpio-Villaraza and Angcanco. Carpio is now sitting in Puno’s court.
Tama ka, P. O. I-expose at i-expose na lang ni Ninez ang nalalaman niya. Problema ipapasara no doubt ni Gloria Dorobo ang Tribune para wala si Ninez ng mga write-up niya. Who will dare start an underground newspaper like the La Solidaridad of old? E mukhang pera na halos lahat ng mga natitirang ginugutom sa Pilipinas. Oo nga pala, may Internet naman where she can post her writeups. Kaya dapat isipin na ngayon kung papaano siya mapa-publish and stop the creeps from smearing her reputation dahil diyan magaling si Gloria Dorobo at Miguel Mandarambong—manira!
Look at what they are trying to do with Lozada now. Pati iyong simbahan nila denidemonyo against the truth. Walang pinag-iba doon sa mga pastor ni Obama. Good thing the God has the wisdom to get out of such church. Puede naman maghanap ng iba sa totoo lang, and follow the admonition much better the admonition of Christ to seek for the truth, and be free.
Now, the Filipinos should make a choice, whether to get out of this mess they have allowed themselves to be in, or crash this system that has enslaved them. Wala na silag choice but to remove this pest who thinks she owns the Philippines. Pinag-iinitan sakimin lahat pati iyong mga natitirang kayamanan ng Pilipinas.
Puede ba, tama na ang tiis-tiis. BTW, I understand there is going to be a protest on the 10th. Bakit hindi sumali ang lahat ng nagugutom diyan! Kung si Marcos at Erap who were legally installed in their position natanggal, bakit itong kriminal na nandaya hindi? Something is definitely wrong, hoy!
…Good thing theguy has the wisdom to get out of such church.
Napansin ko nga Yuko, mainit ka doon sa blog ni JLo.
You bet. Papaanong hindi ka mabubuwisit. Pinilit magtapat iyong tao, pero nang magsabi ng totoo pinabubulaanan sa kaniya. Nang hindi siya pumayag, sinasabi pa ngayong sinungaling siya. Unbelievable. Kasi dito sa Japan iyan, Tongue, papasalamatan pa siya, at tiyak iyong mga pulis busy nang inaaresto ang mga kumag. Kasi dito, nobody is above the law. Maski ang emperor namin delikado, pero ibang approach naman kasi kung siya ang gagawa ng kalokohan. Otherwise, lahat commoner, you go under the rule of law!!!
Si Boba, gustong mag-asta reyna na absolute power kuno hindi naman bagay. Pwe, kundi mo pa alam ang pinanggalingan! Lumilitaw ang pagkadugong-aso!!!
Bilib ka na sa kagaguhan ng sistema sa Pilipinas, Tongue. Hindi na nabago, ganoon pa rin, lalong napalpak. Gusto ko na tuloy maniwala kay Joma Sison na ang salvation lang ng mga pilipino ay through arm struggle. Kailangan pa siguro ng mga pilipino isa pang malaking digmaan gaya ng nangyari sa Japan noong WWII. Natauhan ang lahat. Ngayon walang puedeng maghari-harian, kundi taumbayan!!!
My condolence and sympathy to all. Pero hanggang himutok na lang ba ang mga pilipino?
More than ever, journalists who care about freedom and democracy…who care about the country must now unite to show support for Ninez. I’m sure Ellen is one of them.
Can anyone tell me and explain how Raul Gonzalez was confirmed by CA headed by Senator Lacson? Lacson and Jinggoy, two genuine opposition senators did not object to his confirmation yet Raul was rejected more than 10 times since his appointment. What’s cooking? I personally believe Raul doesn’t deserve even to be a DOJ janitor.
The international press should be alerted about this development especially those people who supported tribune at the time when emergency rule 1017 was declared by tiyanak pidal about two years ago, I think. Maybe they can do something about it? Maybe they can file a protest or put pressure on tiyanak pidal by making it a big issue on international press. Maybe international press might even be able to help Niñez Olivares to defray some legal cost?
I remember when tiyanak pidal declared emergency rule, right after she declared emergency rule then tiyanak pidal’s military went to tribune as we all know why.
Now, it seems like they are doing the reverse. They want to silence the media first before declaring emergency rule in the very near future. It remains to be seen.
In fairness to Raul Goonzales, let me correct that he’s been rejected three times and not more than 10 times. But then, what’s the difference between three times and 10 times anyway?
He shouldn’t have been confirmed. His confirmation only makes him more arrogant and rude.
What? The idiot was confirmed? Diyos mahabagin! Hindi na naawa sa mga sarili! Now, we should pray together na mawala na ang salot sa mundo!
On the other hand, the longer the idiot lives, the longer his agony, and the people, maybe, who need to learn their lesson much harder than they can bear presently. Gusto pa kasing maghirap sa palagay ko. O kaya, abandon ship na lang. Makakatakas naman sa ibang bansa kahit TNT.
Nakakaiyak! Kawawang Pilipinas!
Sacrificial lamb si Ninez. Anyway, lower court pa naman iyan, puede pang mag-appeal. Kapag hindi siya pinakinggan noong higher court, lutong makaw talaga, but she should not worry. Good chance for her to become a heroine. Kapag nagtagumpay ang mga inutil diyan, susunod iyong Malaya. Fortunately, malakas si Macasaet sa Internationa Press. Diyan masisira ng husto si Gloria Bobita. Sabi nga, subukan pamu para mabalu ang labas niya.
I advise the others the idiot is eyeing for persecution to keep their foreign contacts. Walang sinabi ang publicity stunt ni Gloria Bobita. Sa Pilipinas lang lumulusot iyon. Trying hard to be like Mugabe ang inutil. Kapal lang ng apog!
Ano ito, kaso na naman ng conviction first they appy presidential pardon later for Ninez? Ano na naman ang drama ng mga taga EK dito? Palabasin nila na hero na naman iyong reyna for being so compassionate to her bitter critic? Sana naman hindi, I’m sure Ninez does not want to receive any presidential pardon, not her kind. Sana naman hindi mangyayari ang ganitong sinario dahil lumalabas namang katawa-tawa ang ating judicial system. Sana maling-mali ako sa aking hinala.
Aba may maagang pamasko si lolo from the CA. Two more years to see his face and hear his voice in the media. Sigi isipin na lang natin na ang lahat nang mga ito ay masamang bangongot. Matagal-tagal na rin kasing nakatulog si Juan sa mga isyu at ayaw na niyang kumilos pa.
eggplant,
Si Juan ay naghihintay ng 2010, kung meron. Grabeng magtiis pala si Juan o pagod at gutom na lang talaga.
Come to think of it, iyon bang horny US soldier, nagkaroon na rin ba ng presidential pardon? Walastik ha? Ano kaya ang kapalit?
The horny US soldier is in US Embassy’s custody instead of the
local RP jail. Needless to say, the horny guy is receiving VIP treatment from his fellow Americans instead of anguishing in jail like other criminals. Over in the US, Filipino suspects and criminals are not as lucky.
Nuong 80’s sikat na sikat si A.C. Green sa Western Conference, NBA.
Kasama pa sina James Worthy at Byron Scott.
Ngayon naman, 48 Laws of Power ni Robert Greene.
Kung buhay lang si Graham Green malamang iba ang interpretasyon nya sa The Power and the Glory.
Thanks atty36252, I agree this one is a landmark case in the making. My only reservation is that although the SC batting average favors due process, at times as in the “executive privilege” it acts like the administrations’ defense lawyers.
Grizzy, yes as they say truth will set us free unfortunately in the land of cheats its the other way around. For telling the truth one can get incarcerated or get killed while liars laugh their way to the bank.
Let’s face it…The Court of Appeals and Supreme Court would not reverse the lower court’s decision as long as GMA is still in power. Ninez has a better chance after 2010. In the meantime, she has to file and appeal. If Malacanang orders CA to promptly decide against Ninez, she can’t do anything. If it’s elevated to the Supreme Court during GMA’s term and the same promptness of decision is made, then a final conviction for Ninez is possible. It’s indeed a very sad day for journalists and Freedom of Speech. These days, it’s close to impossible to fight against this evil regime and its allies.
Kaya nga P. O. panay na rin ang himutok ko at sabi, “Kawawang Pilipinas!” Wala rin silbi iyong pagkanta ng mga pilipino ng “Bayan Ko”—-“nasadlak sa dusa!” lalo na ngayon!!!! ;-(
Gpo Ninez! We are behind you! Continue this fight against the most corrupt Evil Bitch!
Since there is no press freedom in the Philippines, the best defense for libel is to say: “In my opinion” because in the court of law ones opinion does not count. In my opinion that Law Office got a chunk of pira aside from bags and bags of money for the court.
Question for atty 36252, What is the rule of Sandiganbayan and PGCC in the Philippine Court? When I was there I never heard of such animals. Sounds like Sandiganbayan is a court that the Filipinos can stand on. If that is so, in my opinion they are the courts that decide wither the administration has the right to confiscate your property if they so desire. Is that in the new Philippine constitution?
correction: wither should be whether the administration……
Off topic, but Inquirer reports, “De Venecia hasn’t started yet but says ‘smear job’ has.”
Apparently, an ad was placed in the Philippine Inquirer to destroy the credibility of De Venecia so that no one would believe him in case he decides on standing witness against the creeps squatting at the palace by the murky river. Naisahan din siya sa totoo lang. Di pa kasi magsalita kahit na pati siya maipit din. Tignan natin kung hindi magwala ang mga Pangalatok at Ilocano na niyan. Pakupad-kupad pa kasi. O di naisahan siya.
What is obscene about this is the amount of public funds and foreign loans being used for these ads to help the Bobita stay in power. Dapat may mga public accounting ng mga gastos na iyan.
Kawawang bansa!
“Olivares verdict ‘wake up’ call for media,” sabi daw ni Bunye. Ano iyan nananakot? Hindi pa ba natanggal ang 2-disc na sipsip na iyan? Gosh, papaano natitiis ng mga tao sa Pilipinas iyan? Unbelievable!
O di banatan din ng mga taga media ang ungas. Sa amin iyan, babakbakan iyan ng media ora mismo hanggang sa magbigti siya. Too bad, hindi kasi sanay mag-suicide ang mga pilipino. Sana nabawasan na ang mga kurakot kahit papaano, hindi iyong parang lulubog-lilitaw lang depende sa kung sino ang masisipsipan.