First Gentleman brings to SC appeal vs P12.5-million libel suit filed by journalists

MANILA, Philippines - First Gentleman Jose Miguel Arroyo asked the Supreme Court yesterday to stop a Makati court from hearing a P12.5-million damage suit filed against him by over 40 journalists and media organizations in December 2006.

In his petition, Mr. Arroyo said Makati Regional Trial Court Branch 143 did not acquire jurisdiction over the case due to non-payment of the proper docket fees.

Judge Zenaida Galapate-Laguilles acted without jurisdiction when she admitted the amended complaint of the journalists, he added.

The Court of Appeals had denied with finality Mr. Arroyo’s petition to dismiss the complaint.

“The Court of Appeals ruled contrary to law and existing jurisprudence in affirming the admission of the amended complaint considering that the non-payment of docket fees did not vest the trial court with jurisdiction over the case and such defect is not proper subject of an amendment,” read Mr. Arroyo’s petition.

Mr. Arroyo’s lawyer Ruy Rondain said the preliminary hearing based on the amended complaint would violate his client’s rights since the Makati court has yet to acquire jurisdiction over the case as the journalists have yet to pay the proper docket fees.

Based on his computations, Mr. Arroyo said since the 39 complainants are seeking damages totaling P487.5 million, they should have paid P9 million in docket fees.

The journalists used the word “each” in their original complaint, denoting that each of them desires to recover damages from him, he added.

In their amended complaint, the journalists removed the word “each” but asked the same amount of P12.5 million in damages.

Last Sept. 22, the CA’s former seventh division has denied the petition for lack of merit.

The CA said there was no proof of bad faith on the part of the journalists when they filed the amended complaint.

“To be sure, the present motion for reconsideration does not present any new issue which has not been addressed in the Court’s decision,” read the CA decision.

The CA dismissed Mr. Arroyo’s motion for reconsideration last Feb. 24.

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 against Mr. Arroyo on Dec. 28, 2006 before the Makati RTC.

They demanded “the symbolic amount” of at least P12.5 million in damages for “anxiety, loss of income and other inconveniences” caused by libel suits which Mr. Arroyo had previously filed against them. – Edu Punay