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Mike Arroyo’s lawyer to seek dismissal of media class suit

By DJ Yap

The lawyer of Jose Miguel Arroyo, the President’s husband, hopes to question in court Friday eight of the journalists who sued his client for millions of pesos in damages in a bid to have the class-action suit filed by media against his client dismissed.

Lawyer Ruy Alberto Rondain said Thursday the eight had been subpoenaed to appear in a Makati court as “hostile witnesses.”

“They will have to take the stand. If I’m successful, the class suit will be dismissed,” Rondain told the Philippine Daily Inquirer, parent company of INQUIRER.net, over the phone.

Arroyo, however, will not attend the hearing at which Rondain said he would present evidence for his affirmative defense — which sets up new matters that provide a defense against the plaintiffs’ case, assuming their complaint to be true. The proceeding would be tantamount to a motion to dismiss.

Rondain said the eight, including Inquirer columnists Conrad de Quiros and Ramon Tulfo, were the “first batch” to be summoned before Judge Zenaida Galapate-Laguilles of Makati Regional Trial Court Branch 143.

The others who were subpoenaed were Maritess Vitug, Ricky Carandang, Erwin Tulfo, Mia Gonzalez, William Esposo and Lito Banayo, he said.

Rondain would not disclose his line of questioning, except to say it would likely take one to two hours depending on how much time the court would grant him.

Sought for comment, De Quiros said he had not received a summons. “No one has called me. Since it’s a big group, they probably thought my presence was not needed,” he said.

Lawyer Harry Roque, who represents the plaintiffs, said they would move to quash the subpoenas. “I told them they don’t have to go. It’s [Arroyo] who should testify,” he said.

Laguilles has given Arroyo until Friday to refute the P12.5-million class suit the journalists had filed against him.

In an order dated May 23, Laguilles said Arroyo shall be deemed to have waived his right to present proof in support of his affirmative defense should he again fail to appear in her court.

Arroyo had been absent twice before, citing medical reasons as well as a pending petition for certiorari with the Court of Appeals.

But Rondain said his client’s presence was not required on Friday. Roque, however, said Arroyo’s absence would mean the motion to dismiss should be thrown out.

Roque said he would file a motion to quash the subpoenas in Laguilles’ court so the journalists would not have to testify.

On May 23, the complainants — 36 journalists and three media organizations — indicated their intention to pursue the charges despite Arroyo’s announcement he was dropping all the libel cases he had filed against them.

The class suit, which the journalists called a “social experiment,” accuses Arroyo of abusing his right to file libel suits and of curtailing press freedom.

But Arroyo, after surviving high-risk heart surgery last April, said he was withdrawing all the libel cases he had filed against members of the press over the past several months.

The journalists, in a joint statement, chided Arroyo for making it appear his decision to drop the libel cases was born out of his magnanimity.

“Apparently, Mr. Arroyo has had a dubious epiphany,” the journalists said.
“Instead of realizing, as might have been the case in a true chastening, that he has filed whimsical, malicious, wholesale suits, and apologizing, he presents himself as in fact the one wronged and offers yet to forgive.”

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61 Comments

  1. This Rondain sounds like his master—sobrang yabang. He should be pulled down from his high horse. If this guy will someday try to get into politics, I hope and pray Filipinos will not give him the chance to be one.

    Anyone who can serve a crook must be a crook himself for if I were a lawyer in the Philippines, I would turn down any offer to defend criminals like the Pidals even if they can pay big fees with taxpayers’ money!

    Lots of prayers, Ellen, that truth and justice will prevail on yours and your fellow journalists side!!!

  2. xanadu xanadu

    @The journalists, in a joint statement, chided Arroyo for making it appear his decision to drop the libel cases was born out of his magnanimity.

    I went to my seldom used dictionary to find the meaning of magnanimity and it says: Quality of being magnanimous; greatness of soul or mind.

    Mike Arroyo with greatness of soul or mind? His place is in hell!

  3. myrna myrna

    matanong ko: sino ba at ano ba ang galing nitong abogagong rondain na ito, at akala, si pidal na rin siya?

    sige Ellen, pwedeng iparating kay Atty Roque at sa iba mong kasamahan na huwag tumalikod sa laban kay Pidal? yung kay Ramon Tulfo, duda na ako, dahil he is now singing a different tune sa kanyang Inquirer column. siya ba yung tipo na porke “pinatawad” na ni pidal, mukhang babaliktad uli.

  4. parasabayan parasabayan

    Ellen. ituloy and mga kaso para maramdaman ni Fatso and ibig sabihin ng justice!

  5. Mrivera Mrivera

    tuloy ang kaso. walang atrasan. upang maranasan naman ng haring baboy kung paano ang mga gabing dinadalaw siya ng BANGUNGOT!

  6. Mrivera Mrivera

    myrna,

    kaya TULFO ang apelyido ng taong ‘yan. binaliktad na FUTOL as in futol ang prinsipyo!

  7. Mrivera Mrivera

    “Quality of being magnanimous; greatness of soul or mind.”

    si ip (PIG) dye?

    inaaaaaaannnnnngggggg!!!!

  8. Emilio_OFW Emilio_OFW

    Hindi pa nagsasalita niyan ang isang abogagong matanda ni Oinky IpDye – si Atetewhy Santos.

    Baka mahulog tayong lahat sa upuan sa sasabihin niyang pagpupuri sa amo niya!

  9. Magno,

    Iyong mga Yakuza ang tawag ng mga pilipino, “Putol” kasi karamihan sa kanila, putol ang isa o dalawang daliri. Siguro tama ka doon sa ga Tulfo—Yakuza ang mga utak!!! 😛

  10. rose rose

    Ellen: Was it you who mentioned before, that for the Libel
    suits Mike Arroyo charged you with to be brought to the UN Tribunal, you first have to exhaust and file in local courts? If the cases were to be dropped then there will be no possibility of bringing it to the UN.

  11. Rose, it’s our class suit, which is with the Makati regional trial court, that is the preparatory action to our UNHCR complaint, not Mike Arroyo’s libel cases against us.

    We are not dropping the class suit.

    The basis for our class suit is that his libel suits was a form of harrassment to prevent us from exercising our right to free expression.

  12. Ellen,

    Let’s not forget the 11M and more in fact who voted for Senator Trillanes. Iyan ang magsisiklab kapag hindi tumigil iyong inutil na Secretary of Injustice who has never been confirmed. This guy in fact should have been arrested for the case of vote buying that he committed and strictly prohibited by law. Bakit pinapayagan ang kriminal na iyan na maging secretary of justice. Unbelievable! But then, I am talking as a Japanese not a Filipino!!!

  13. rose rose

    Hindi confirmed ang appointment ni DOJ? Ganoon din si Davide- hindi ba? Bakit hindi nagbayad ng 5 million pesos?
    O malaki ang sinisingil at in kind ang kabayaran. Loyalty and obedience to the queen- Naglaro ba kayo ng truth and consequence noon? Ang consequence namin noon ay lumuhod and bow to a queen of Siam saying 10 times…ng mabilis
    oh watanassiam.

  14. Diego K. Guerrero Diego K. Guerrero

    Interim Justice Secretary Raul Gonzalez Sr. repeated non-confirmation by the Commission on Appointments makes him the longest over staying Arroyo official. He was rejected 12 straight times (12X). There’s no doubt of his loyalty to Reina Gloria Encantada. Maybe ‘kikil’ CA tongresmen are not accepting bounce check from SiRaulo. Sen. Jinggoy Estrada is the top adversary of Raul Gonzalez in the Commission on Appointments. Habang nadoon si Jinggoy sa CA siguradong basura SiRaulO. I think Senator Trillanes deserve a seat at the Commission on Appointments.

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