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Opinion

Libel circular stems from an activist SC!

SHOOTING STRAIGHT - Bobit S. Avila -

The Freeman editorial yesterday entitled “A Media-Sensitive Supreme Court” was very well-crafted and should be read not only by the folks in the media industry, but all concerned readers as well. That the Supreme Court through Chief Justice Reynato Puno issued a circular advising all judges handling libel cases that “in the instance where the penalty is either imprisonment or fine, they should go for the fine” is a mere moral suggestion to give more emphasis to our constitutional right to the Freedom of Speech.

Call this the work of an “Activist Court” that the Supreme Court issued what could eventually become a “Legal Doctrine”. Mind you, the Supreme Court here is not usurping the powers of the Legislative Branch (who should have decriminalized libel in the first place) but rather they are pointing our judges to the moral way of handling such ticklish cases. We congratulate Chief Justice Puno for his courage especially at this time when media is at odds against the government for too many wrong reasons.

However, as The Freeman editorial points out, “Of course, this welcome relief should not by any means serve as an encouragement for journalists to relax on their professionalism, diligence and sense of responsibility. Lifting the weight of libel must not serve as an invitation to be scurrilous.”

While this is indeed good news for us in the media, we must also warn all our judges that just because the Supreme Court is suggesting that between imprisonment or a fine, they should “go for the fine” they should now start convicting media personalities. Like it or not, it is still a criminal conviction for the journalist concerned. There is a higher chance that journalists may be convicted because of this suggestion to settle for the fine. This is why we the media must insist on the decriminalization of libel so that the “Sword of Damocles” hanging over our heads will finally be removed!

* * *

The newly-extended term of Armed Forces Chief of Staff Gen. Hermogenes Esperon was “justified” using that old adage that goes, “One doesn’t change horses in midstream”. Thus he declared that his final mission was to defeat the decades-old Communist insurgency in the next four months of his term, which could be a bloody one because he believes that the Communists would fight back. Since I became a journalist 22 years ago, I have always been in the forefront in the fight against the Communist insurgency. I don’t think Gen. Esperon can write “Finis” to this Communist struggle in just four months.

Fighting insurgency is not on the priority list of many Local Government Units (LGUs) especially in the most NPA infested areas like in Compostela Valley, in the island of Samar or Quezon Province. The reason why the Communist struggle has receded in the Provinces of Cebu and Bohol is due to the fact that Gov. Gwen F. Garcia and Bohol Gov. Enrico Aumentado have vowed to fight the root that breeds the Communist insurgency. Unfortunately, this is not so with many LGUs.

Another priority program the AFP should highlight is the return of the Reserve Officers’ Training Corps (ROTC) to our schools and colleges. ROTC is the only subject in school that teaches love of country and promotes discipline. In the Regional Development Council (RDC-7) we adopted a resolution supporting the bill of Rep. Eddie Gullas on this subject, but alas, it is not included in the four priority bills that Congress will pursue today.

This is what I discussed with Department of Energy (DoE) Secretary Angelo “Angie” Reyes last Saturday during the groundbreaking ceremonies of the Global Formosa Power Plant in Sangi, Toledo City and being a former AFP Chief of Staff, he totally agreed with my observation, hence I asked him to push for this in the next Cabinet meeting.

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The big reunion events last Friday dubbed Decada 60’s with the University of San Carlos (USC) Boy’s and Girl’s High School and the Amazing 60’s Jam Session last Saturday at the Grand Convention were very successful. It was truly a good time to meet our old school buddies, school and classmates who were only kids 40 years ago. Now we have grown old, beer-bellied and balding, but still young at heart! As the old saying goes, “Boys will always be boys!

The following day during the Amazing 60’s Jam Session, when I approached the dance floor, I was surprised to see our schoolmates ever so young and so energetic. I thought that they must have gone to Vicky Bello for a complete overhaul. But as I got into the dance floor, it turned out that half of those dancing were Dance Instructors (DIs). Reunions will never be the same without them. It was a grand time meeting those Cebuano kids of the 60’s who unfortunately have grown to be the very folks we used to hate… grown ups!

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Email: [email protected]

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