When the news reverses facts

“Nevertheless, the constitutionally protected freedoms enjoyed by the press cannot be used as a shield to advance the malicious propagation of false information carried out by unscrupulous entities to injure another’s reputation.” – Supreme Court (Tulfo vs. People of the Philippines, 2021)

Lately, I find myself caught in a maelstrom of politically motivated lies and disinformation. Since 2023, I have become an anti-Marcos Jr. activist, vlogger and columnist. I continue to challenge the dubious policies and expose the malpractices of the current dispensation.

Therefore, I suspect that the smear campaign is the handiwork of this regime with some members of the Fourth Estate as unwitting accomplices. The brazen attempt to besmirch my reputation and mislead the public shows that the government is hell-bent on silencing vocal critics like me.

I am also quite disheartened that fake news remains pervasive in mainstream media. While I continue to champion press freedom, including decriminalizing Philippine libel laws, I also advocate responsible journalism.

June 2024 Pagcor statement

I am referring, of course, to the erroneous and malicious news reports that appeared on July 10, which stated that Philippine Amusement and Gaming Corporation (PAGCOR) chairman Alejandro Tengco accused me of lobbying for an illegal Philippine offshore gaming operators (POGO). The articles are blatant lies and distortion of verifiable facts!

In a televised Senate hearing testimony, Chairman Tengco confirmed that we met in July 2023. I requested a rescheduling of arrears payment of a lessee and principal of my client, Whirlwind Corporation. I am referring to the controversial Lucky South 99, Inc., which had a valid license until May 22, 2024. (The POGO’s then-liaison to PAGCOR was still Mr. Dennis Cunanan).

The chairman never claimed under oath that I tried to facilitate a gaming license for Lucky South or any POGO.

What several media organizations reported was the opposite. Some of them screamed the following headlines: PAGCOR chairman Alejandro Tengco says in a Senate hearing on Wednesday, July 10, it was former Cabinet secretary Harry Roque who tried to lobby for illegal POGOs (Rappler); PAGCOR Chairman: Ex-presidential spokesperson lobbied of illegal POGOs (ABS-CBN News Channel); PAGCOR Chair says Roque helped Porac POGO hub reapply license (GMA News); Harry Roque legal counsel for raided Pogo hub, Pagcor chief tells Senate (Inquirer).

Again, Mr. Tengco never made those remarks.

The heading and slant of the stories are starkly similar. A clear product of a political operator’s machination. They appear to be based on a June 29 PAGCOR press statement/blind item: PAGCOR says ex-Cabinet official trying to intercede for POGOs. The agency chief vowed to reveal the identity of the said former official in the proper forum, which turned out to be the ongoing Senate POGO hearing.

I also take exception to Senator Risa Hontiveros’ claim that I lied when I claimed that Whirlwind is my only client. Let me clarify that I did not consent to the inclusion of my name in Lucky South’s organizational chart, which was part of the POGO’s submission to PAGCOR. As my accuser, she should prove that I had a direct hand in preparing the document.

Immediately, I called the attention of 15 media companies to issue a clarification because their articles were fabricated and misrepresented facts. Otherwise, they will face legal action for civil damages from my end. The High Court said constitutional protection does not give carte blanche to journalists to abandon their responsibility for truth and transparency. They must exercise a high degree of professionalism in their work, regardless of the subject of their stories (Guy vs. Tulfo, 2019).

Some of them have replied to my letter. ANC immediately took down an X post and said they were “investigating the matter behind it.” Upon review, Inquirer removed the story from their site and did an update. Manila Bulletin promised to address my concerns while Rappler said they posted my press statement. 

July 2023 Pagcor meeting

I repeat, Lucky South is not my client. The POGO would never get the services of a staunch Marcos Jr. critic like me for its license renewal. How can I help them when I do not have the political clout to influence the PAGCOR chair?

I only represent Whirlwind. My initial engagement with them was a personal accommodation since I was then persuading the company to invest in two energy projects. To ensure that Whirlwind would not allow the use of their leased properties to violate the law, I accompanied their corporate secretary, Cassandra Ong, in the meeting with Mr. Tengco. (Lucky South’s former representative did not remit the payment to PAGCOR.) The Company would incur legal liability and financial losses should the Lucky South’s license be canceled due to its arrears.

In September 2023, I was retained by the Company to handle an ejectment case filed by the original landowners of the land the Company was leasing. The case is pending before the Court of Appeals and the Porac Municipal Trial Court.  

In February 2024, PAGCOR informed Lucky South through Whirlwind to submit a Money Laundering and Terrorism Financing Prevention Program (MTTP). By April, the POGO submitted an MTTP and other documentary requirements.

On May 22, PAGCOR rejected Lucky South’s license renewal. The agency cited the POGO’s alleged illegal activities as reported by the media in 2022 and discussed in a recent Senate investigation.

I advised Whirlwind to instruct Lucky South to cease operations after losing its gaming license. The POGO complied as it was no longer operational when the Presidential Anti-Organized Crime Commission (PAOCC) raided their compound last June 4.

As an advocate of constitutional rights and agent of judicial administration, I would never violate the Philippine Code of Professional Responsibility and Accountability and the United Nations Basic Principles on the Role of Lawyers.

Being a former public servant, I also hold the Bustos doctrine sacred: “Men in public life may suffer under a hostile and an unjust accusation; the wound can be assuaged with the balm of a clear conscience.” Thankfully, my conscience is clear.