Court finds Kalunasan resident guilty of libel

CEBU, Philippines - The Regional Trial Court has convicted a man charged for allegedly ruining the reputations of a barangay official of Kalunasan, Cebu City and three other private individuals.

Judge Generosa Labra of Branch 23 found Jack Rallos, a resident of Barangay Kalunasan, guilty beyond reasonable doubt for the crime of libel.

“The denial of the accused is not worthy of credence. The subject article specifically mentioned accused Rallos as of the source of the information. The accused did not make any step to clear his name nor did he make any public apology to the private complainants,” read the decision.

Labra sentenced Rallos to pay a fine of P5,000 with subsidiary imprisonment in case of insolvency and P10,000 to each complainant for moral damages.

The case stemmed from article published in The Freeman entitled “Opra Homeowner’s Group sued for estafa” on September 10, 2011.

Councilman Carlitos Ceniza, former president of Opra Inc. and three other officials of Oprra Inc. namely: Atty. Lorenda Estrella-Amion, Joseph Garcia and Roberto Nocos, Sr., alleged that Rallos dishonored and placed them in public contempt when the latter accused them for extortion, estafa and violation of several laws for allegedly asking members of the Oprra Inc. for huge membership fees.

Ceniza stated that the allegations of Rallos were unfounded. Amion for her part alleged that Rallos issued a false and libelous press release to The Freeman.

Rallos denied that he issued libelous remarks against the complainants. During their meeting with the OPRA Inc. officials, he said they were required to pay the P200,000 developmental fee of which they complained.

On September 8, 2011, he said he was at the Mayor’s Office to follow up on the claims of Victoria and Numeriana Rallos, as well as on his problem with Oprra. He said he was able to speak to Sanden Anadia, a reporter of Banat News.

He denied that he spoke with Jessica Pareja, a reporter of The Freeman. Pareja’s report was the basis for the filing of case against him.

He said he went to The Freeman to complain and he was advised that a correction will be published on August 17, 2012.

Labra in her 10-page decision, however, ruled in favor of the complainants. She said the elements of the case were present.

“All the aforementioned elements are present in the case at bar. It is evident that the imputation of a discreditable act is present in the press release which stated: ‘Rallos said that the officers of OPRA Inc. violated several laws for asking them huge membership fees by way of coercion, intimidation and threats…,” the decision read, adding the said imputations were obviously libelous and slanderous.

She said if Rallos denies being the source of the article, he should have sued the newspaper.  (FREEMAN)