P9M damage suit cop sues radio station, 4 anchormen

CEBU, Philippines -  An Iloilo City police official has filed a P9-million damage suit against Manila Broadcasting Corp. (MBC) and four anchormen of MBC-owned Aksyon Radyo-Iloilo.

Chief Inspector Ipil Dueñas, intelligence officer of the Iloilo City Police Office (ICPO), through his legal counsel Crisostomo Akol, filed the civil case before the Regional Trial Court (RTC) in Iloilo City last December 19.

Docketed under Civil Case No. 13-32134, respondents for the case for "torts and damages with prayer for the issuance of  writ of  preliminary injunction and temporary restraining (gag) Order" are MBC, Aksyon Radyo-Iloilo station manager and anchorman John Paul Tia, and anchormen Joecel Bañas, John Sapio, and Jun Capulot.

A supplemental complaint was filed yesterday but Akol did not elaborate further.

Akol cited Sections 19 and 20 of the Civil Code of the Philippines in filing the P9 million damage suit wherein P7 million is for compensatory damages, P1 million for moral damages, and P500,000 each for exemplary damages and litigation cost.

"This is considered an unorthodox case because the people usually expect a libel case to be filed against media personnel. But we believe that torts and damages is more effective. We are asking for ancillary move from the court to gag the subject personnel while the case is being heard," Akol said.

It is considered the first case of its nature filed in Western Visayas, and Akol cited the ruling of the Supreme Court on Eliseo Soriano vs. Laguardia promulgated on August 29, 2009.

Akol said Dueñas was "pushed to the wall" into filing the case because it already affected his family, his wife, and their children. "They (respondents) made innuendos that are not libelous per se, not criminal per se but tortuous," he said. "The kids were traumatized."

The lawyer said, "it went through indecent and immoral languages. Naglapaw na sa (it went beyond) commentators' ethical standards. I personally heard that commentaries and they used language na hindi na tama. It couldn't be swallowed. It goes beyond decency."

Akol, who was the retained legal counsel of business tycoon Lucio Tan and who once worked with the law firm of  Senator Juan Ponce-Enrile, said that the case is not a curtailment of press freedom. "We are not against freedom of the press. We just want responsible broadcasting," he told The Freeman, while expecting that the court will provide ancillary remedies soon.

Dueñas once hugged the limelight after he was accused of masterminding the death of retired Police Supt. Musa Amiyong, who made the allegations over Aksyon Radyo.

For Akol, however, said without any further details that the rift between Aksyon Radyo and Dueñas did not just stem from that incident.

Meanwhile, in a statement, Iloilo Press Club (IPC) President Francis Allan Angelo said the organization respects the decision of Dueñas to file a civil suit against Aksyon Radyo. "We leave it to the court to decide on the case," he said.

However, Angelo said this should not discourage the media from tackling legitimate issues imbued with public interest. "We continue to support our colleagues in the media while reminding them that we should always observe fairness and balance in carrying issues and discussion." (FREEMAN)