Blocktimer faces libel
The Office of the Lapu-Lapu City Prosecutor has recommended the filing of charges against a radio blocktimer for allegedly calling the complainant names.
Prosecutor II Jude Henritz Ycong found probable cause to indict Rey Cortes, also known as Reynante Cortes, for three counts of libel.
“In this case, undersigned finds reasonable ground to believe that the respondent probably uttered the defamatory phrase publicly through a medium called radio, that the uttered word or phrase is an imputation of a crime, that the person referred to was identified and since the words uttered appears to be defamatory, the utterance was probably made with malice,” read the fiscal’s resolution.
Thelma Jumao-as alleged that while listening to the radio program “Engkwentro” aired over radio dyKC last at 6:30 a.m. to 7:30 a.m. last December 13, she heard Cortes accused her of being an “abortionist.”
She said Cortes uttered that she allegedly performed an abortion procedure on a pregnant dancer who was scheduled to leave for Japan.
Aside from being an abortionist, Jumao-as alleged Cortes also referred to her as “Mamasang and exporter of lady dancers to Japan.”
In his counter-affidavit, Cortes denied the allegations and asked the City Prosecutor’s Office to dismiss the complaint as there exists no evidence against him.
“There is no evidence that the alleged utterances were made and that there is no certification from the National Telecommunications Commission that the alleged utterances were made and the complainant has not presented the supported tape recording,” Cortes said.
He also argued that Jumao-as was a public figure because she ran as candidate for city councilor in May 2013 but lost and is planning to run again in the May 2016 elections.
“The utterances made are qualified privileged communications,” Cortes said, adding that Jumao-as failed to prove that he was driven by malice or ill will towards her.
Ycong, though, ruled in favor of Jumao-as, whom he said managed to establish all elements of libel.
“The utterance allegedly made by the respondent, which is calling the complainant an abortionist, is imputing a crime against her, making the said statement fall under the definition of libel; and finally, the person allegedly referred to in the statement is identifiable,” added the resolution.
Ycong rejected Cortes’ claim that what were uttered were privilege communication since complainant is a public figure.
“The fact that the complainant ran in the 2013 elections as candidate for the position of councilor for Lapu-Lapu City does not make her a public figure,” he said.
He cited the case of Guingguing vs. CA, where no less than the Supreme Court defining a public figure as “a person, who by his or her accomplishments, fame or mode of living or by adopting profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has become a public personage.”