First Gentleman's petition versus media class suit denied by Court of Appeals

MANILA, Philippines - The Court of Appeals (CA) has denied with finality First Gentleman Jose Miguel Arroyo’s petition seeking to stop the Makati regional trial court (RTC) from hearing a class-action suit filed against him by over 40 journalists and media organizations in December 2006.

In a seven-page decision, the former seventh division of the appellate court denied for lack of merit the motion of Mr. Arroyo seeking reconsideration of its Sept. 22, 2008 decision penned by Associate Justice Fernanda Lampas Peralta and concurred in by Associate Justices Edgardo Cruz and Normandie Pizzaro.

At least 40 journalists and media organizations, “on their own behalf and acting as class suit representatives of fellow members of the Philippine press,” filed a class action suit on Dec. 28, 2006 against President Arroyo’s husband.

The group demanded “the symbolic amount” of at least P12.5 million in damages for “anxiety, loss of income and other inconveniences” caused by the libel suits previously filed against them by the First Gentleman.

The complainants were reporters, columnists, editors and publishers of various publications and media organizations who have been previously sued for libel by Mr. Arroyo since 2003.

Among those who filed the suit were Ellen Tordesillas of Malaya, Ninez Cacho-Olivares of The Daily Tribune, Ricky Carandang of ABS-CBN News, Newsbreak’s Glenda Gloria and Marites Vitug, who is now editor-in-chief of abs-cbnNEWS.com/Newsbreak.

The journalists and media organizations asserted that Mr. Arroyo abused his rights and violated freedom of the press in filing the numerous libel cases.

The journalists would later file an amended complaint in early 2007 that also sought to add four more journalists as petitioners.

After the Makati RTC ordered a preliminary hearing on the case on March 16, 2007, Mr. Arroyo filed the petition to the CA to stop the Makati RTC from holding the hearing with amended complaint.

Mr. Arroyo said Makati Regional Trial Court (RTC) Branch 143 Judge Zenaida T. Galapate-Laguilles “acted without jurisdiction or with grave abuse of discretion” after she admitted the amended complaint and said that the RTC did not have jurisdiction on the case due to “the non-payment of the proper docket fees” by the group of journalists.

The CA decision however dismissed the allegation of “grave abuse of discretion” of the Makati RTC judge.

“The alleged grave abuse of discretion in the issuance of the Order dated March 16, 3007 is wanting in this case,” said the 23-page CA decision last year.