THE Court of Appeals has junked a petition by executives of GMA7 seeking to reverse the acquittal of ABS-CBN anchors and executives in the libel case over remarks about the exclusive use of footage of the 2004 homecoming of overseas Filipino worker Angelo Dela Cruz after he was freed by his abductors in Iraq.
In a 37-page decision promulgated on October 28, the appellate court’s Third Division, through Associate Justice Eduardo Ramos Jr., junked the petition for certiorari of GMA executives Felipe Gozon, Gilberto Duavit, Jr., Marissa Flores, Grace Dela Peña Reyes, and John Oliver Manalastas seeking to revive the libel case filed against ABS-CBN anchors, executives and personnel.
The respondents in the case were Erwin Tulfo, Eugenio Lopez III, Lynda Jumilla, Luchi Cruz-Valdes, Beth Frondoso, Maria Progena Estonilo Reyes, Annie Eugenio, Dondi Garcia, Luis Alejandro, Jose Ramon Olives, Jesus Jake Maderazo, Jose Magsaysay Jr., and Alfonso Marquez.
The petitioners sued for libel, claiming that Tulfo and Jumilla uttered defaming remarks by claiming GMA7 stole the ABS-CBN video footage of Dela Cruz’s homecoming after he was freed by Iraqi insurgents who abducted him and aired it on their news program.
The Quezon City Regional Trial Court Branch 104 under Judge Catherine Manodon granted the ABS-CBN personnel’s demurrer to evidence in February 2022 and junked the libel case against them.
In junking the case, the RTC said the element of identification was not established because there were no references or descriptive terms that connected the allegedly libelous statements to any of GMA’s officers in their personal capacity.
The GMA executives elevated the case to the CA after their motion for reconsideration was dismissed by the RTC.
In their petition, GMA executives argued that they need not be explicitly named for libel to be present, and it is sufficient if the allusion is apparent through intrinsic reference.
However, the CA rejected their arguments and dismissed the petition.
The CA held the petition suffers from a procedural defect because it was filed without conformity of the public prosecutor, and filed beyond the allowed period.
“A perusal of the motion for reconsideration reveals that Gozon, et al were not after the civil aspect of the libel case. They were praying for the reinstatement of the criminal action against Tulfo, et al. This, undoubtedly, involved the right to prosecute a crime that pertains exclusively to the State as represented by the public prosecutor. It bears noting that when Gozon et al filed the motion for reconsideration, it was done without the conformity of the public prosecutor,” the CA ruling said, adding that only the public prosecutor or the Office of the Solicitor General may file a motion for reconsideration against an acquittal.
The CA also dismissed the petition on the substantive aspect, saying the trial court did not abuse its discretion when it dismissed the libel case.
It also agreed with the trial court that the GMA executives were not personally defamed by the statements of the ABS-CBN anchors, contrary to their claim.
Concurring with the resolution were Associate Justices Apolinario Bruselas Jr. and Perpetua Susana Atal-Pano.
