DOJ orders withdrawal of libel complaint vs RGMA

Manila, Philippines - The Department of Justice (DOJ) has ordered the withdrawal of a libel complaint filed against the employees of RGMA Network (RGMA) dySP Super Radio in Palawan.

The libel complaint stemmed from RGMA’s interview with a certain Flaviana Valle, who had filed a prior complaint against Palawan State University (PSU) president Teresita Salva. The interview was broadcast live in October 2004.

In an eight-page resolution signed by Justice Undersecretary Jose Vicente Salazar and promulgated last April 28, the DOJ ruled that Lily Mae Uy, Athena Grace Cabaylo-Calamba, Randidio Evangelista, Junefred Calamba, Lourdes Escaros Paet and Joselito Cruz – all employees of GMA’s AM station in Palawan – cannot be held liable for libel because what they broadcast were neither defamatory nor malicious, but fair and true reporting of established facts.

In the complaint filed with the Puerto Princesa City prosecutor’s office, Salva alleged that RGMA-dySP Super Radio conspired with Valle to malign her person and reputation with derogatory remarks through radio communication.

The DOJ considered the fact that Salva, being a president of PSU, is deemed a public official whose official acts are a matter of public interest.

The resolution cited that “the interest of society and the maintenance of good government demand a full discussion of public affairs... a public officer must not be too thin-skinned with reference to comment upon his official acts.”

According to the DOJ, the commentaries and remarks on Salva are deemed privileged communication and are not actionable unless made without good intention or just motive.

The DOJ also said the RGMA anchors and hosts merely made a true and fair reporting of the alleged anomalous act made by Salva, and that their commentaries are deemed to have been reasonably inferred from established facts.

Cabaylo-Calamba, who read the comments of listeners sent via text message, cannot be held liable for libel because the commentaries were not even her own, while Uy, the station manager, cannot also be held accountable because the exchange of the hosts and interviewees cannot be totally controlled due to live airing.