After 14 years, RTC convicts 2 mediamen of libel, acquits another

BACOLOD CITY, Philippines — Two radio broadcasters in this city were found guilty while another was acquitted of the libel charges filed against them in court 14 years ago.

In a decision, Bacolod City Regional Trial Court-Branch 48 Judge Rosario Ester Orda-caise found Donald "Donard" Nojas and Franklin Villanueva guilty beyond reasonable doubt of the crime of libel and sentenced each of them to pay the fine of P5,000.

Further, the court directed each of the two to pay complainant Ricky "Boy Sincere" Enriquez P50,000 in moral damages. In case there is no property to satisfy the fine, each of them shall be subjected to subsidiary imprisonment of not more six months.

The court however acquitted Edmund Aspero and Nojas (on another count of libel) based on reasonable doubt.

Court records showed that on May 13, 2000, Enriquez claimed that Nojas uttered malicious statements against him over the latter's radio program Arangkada Sa Aga of RGMA Super Radyo while on May 22, Nojas, along with Aspero and Villanueva, allegedly made commentaries (about Enriquez) in another radio program Bangga-anay.

Enriquez, manager of Sincere Drug Store, testified in court that he heard over the radio on May 13 and 22 that Nojas, Aspero and Villanueva maligned him as a criminal and an associate of a drug lord. He said that he is also known as Boy Sincere, Boy S., or Boy Enriquez, hence, he did not doubt that they were refering to him when the name Boy Enriquez was mentioned on air.

Enriquez said he recorded the May 13 and 22 broadcasts of the three mediamen, adding that his friends also told him they have been hearing over the radio, negative commentaries against him.

Enriquez said  he felt insulted and pained over the malicious tagging of him as a hoodlum, thus destroying his credibility.

In his defense, Aspero said he did not mention any Ricky Enriquez during his radio program but he remembered that they were making commentaries about Boy Cuadra and Colonel Amado Marquez, and affirmed that the topic then was about illegal drugs.

Aspero denied having attacked, maligned or slandered the name Boy Sincere or Boy Sincere Enriquez during his program.

Nojas also denied the accusation against him, saying that he was only making commentaries about Superintendent Marquez on his May 13 and 22 radio programs.

Villanueva, for his part, said the topic they were discussing at the time was about drug trafficking and a certain Boy Cuadra. He said he could not remember if he mentioned other names aside from Boy Cuadra and Amado Marquez, but he was certain the topic then was about illegal drugs and he never mentioned Ricky Enriquez.

The court however was not convinced of the claims of the accused that they did not know Enriquez as either Boy Sincere or Boy Enriquez, and that they have no motive to include Enriquez in their commentaries.

"His (Enriquez) being grouped together as involved or even suspected to be involved in criminal activity and making concessions with Col. Marquez to derail the campaign against illegal drugs was an affront to his status as a reputable businessman and a member of good standing the community. Furthermore, the accused did not even verify the speculations nor got (sic) the side of Enriquez on the issue," the court said. 

All the accused failed to meet the standards set forth in the Radio Code, said the court, adding that the public has the right to expect and demand that radio broadcasters live up to the code of conduct of their profession.

The four elements of libel has been proven by the prosecution, the court said. "A sharing of opinion, libelous as it is, does not make one liable for the defamatory statements. At most, he too, is part of the public to whom said defamatory statements were said. As such, only Nojas and Villanueva are liable for the libelous statement," the court added. —(FREEMAN)