Annabelle loses in libel case

CEBU, Philippines - Citing lack of jurisdiction, the Cebu City Prosecutor’s Office dismissed the libel complaints filed by controversial actress and talent manager Annabelle Rama against actresses Nadia Montenegro and Amalia Fuentes and an entertainment reporter.

Assistant city prosecutor Jose Nathaniel Andal recommended for the dismissal of the complaints against Montenegro, Fuentes and Chit Alcid after Rama failed to show evidence that she is a resident of Cebu City.

“Wherefore, in view of the foregoing, it is recommended that the instant case be dismissed for lack of jurisdiction,” the resolution read.

Andal’s recommendation was approved by city prosecutor Nicolas Sellon.

Andal said that Rama failed to show evidence that she was actually residing in Cebu City when the acts she complained of were committed by the respondents.

Under Article 360 of the Revised Penal Code provides that; “the complaint shall be filed in the Court of First Instance of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense.”

Andal said Rama, who is running for congress in the Cebu City North District, failed to indicate that she actually resides at Rahman (San Jose) Street, Barangay Zapatera, Cebu City.

Andal cited the Supreme Court in the case of Wonina Bonifacio et.al vs. Regional Trial Court Makati Branch 149 and Jessie John Gimenez wherein the high tribunal “suggests” that in cases of internet libel, the jurisdiction “may be laid only in the place where the offended party actually resides at the time of the commission of the offense.”

According to Andal, Rama declared that her postal address was in Barangay Zapatera but it doesn’t follow that it was her actual residence because it only implies that pleadings and processes may be served in the aforementioned place.

He stressed that postal address is “not synonymous” to actual residence for the purposes of libel as cited in the case of Vicente Roz Jr. and Danny Fajardo vs. People.

The jurisprudence stated that the residence is the actual or physical habitation of a person with no particular length of time is required.

To create a residence in a particular place, there are two fundamental elements namely: the actual bodily presence in the place, combined with a freely exercised intention of remaining there permanently or for an indefinite time.

Rama earlier filed seven counts of libel against Alcid for allegedly posting libelous statements against her on Facebook between the months of January 2012 to May 2012.

Aside from Alcid, she also filed 10 counts of libel against Montenegro and eight counts of libel against Fuentes.

Rama’s counsel, Delon Urot,  said they were disappointed by the dismissal of the complaints.

“It’s very disappointing that the fiscal’s office failed to even discuss the merits of the complaint and decided the case on the basis of residency…Annabelle Rama is without a doubt a Cebuano and is a resident of Cebu city…she would not have run for Cebu City congresswoman if she was not. At any rate, as soon as we formally received our official copy of the resolution we will immediately file a motion for reconsideration,” he said.

He added “residency is determined by your intent to reside…for all intents and purpose, Annabelle Rama has been, and is, residing in Cebu City at the time the libelous remarks against her were posted in the internet.” — (FREEMAN)