A Makati court yesterday convicted Daily Tribune publisher Ninez Cacho-Olivares in the libel case filed in 2003 by the Carpio Villaraza and Cruz law firm or the "Firm."

Olivares was sentenced to two years in prison and ordered to pay P5 million (US$113,000) for moral damages and P33,732.25 (US$765) for actual damages.

Olivares said the ruling was "an injustice."

"We were expecting a conviction since we have a justice system that is beholden to the powers- that-be," she said.

Olivares said the article was based on reliable sources.

She argued the article is of "grave public importance" and that Daily Tribune, as a newspaper, is a watchdog of the government.

Judge Winlove Dumayas said the amount for moral damages was due to the complainant's professional standing as highly reputed lawyers.

The libel case stemmed from the article "Firm's Partners Ensure Victory of AEDC," which Olivares wrote and was printed in Daily Tribune in June 2003.

The article alleged that then Ombudsman Simeon Marcelo handpicked people supposedly "connected" to his own law firm, the Carpio Villaraza and Cruz (CVC) Law, to handle a complaint by its client Asia's Emerging Dragons Corp. (AEDC) against the winning bidder in the build-operate contract for the NAIA Terminal III and former secretaries of the Department of Transportation and Communications (DOTC).

AEDC is a consortium led by business tycoon Lucio Tan.

But by the time the article was published, President Arroyo had already nullified the Philippine International Air Terminal's (Piatco) build-operate contract over alleged irregularities.

The article pointed to alleged extortion purportedly based on a CD recording of a conversation between Fraport's officials detailing how F. Arthur "Pancho" Villaraza allegedly tried to extort money from them. Fraport, a German firm, was the foreign partner of Piatco in the project.

Olivares alleged Villaraza tried to extort $70 million for his services and to pay off certain government officials, including Avelino Cruz, then presidential legal adviser, and Gloria Tan Climaco, then presidential adviser on strategic projects.

The complainants said the article portrayed them as "mere influence peddlers."

Lawyers of the Firm argued that the identified people supposedly connected to them, then Deputy Ombudsman for Luzon Victor Fernandez and Special Prosecutor Dennis Villa-Ignacio, were never associated with the law firm.

Dumayas ruled the "article is derogatory to the persons of the private complainants."

"The title of the article alone already imputes to the private complainants deceit and dishonesty and the manipulation of government agencies to the benefit of the entity AEDC referred to in the article. A reading of the entire article would confirm the reader's impression of the Firm's deceit and dishonesty," the ruling said.

The ruling said there were insinuations in the story that the private complainants have a very special relationship with people in government and that they use it to their benefit and advantage.

"They are clearly referred to in the article as only influence-peddlers who resort to illegal and underhanded means just to make money and protect their interest, even using extra-legal means," the ruling said.

Citing the guidelines laid down by the Supreme Court (SC) for comments on matters of public interest, the court said the article failed to satisfy the standards of reasonable degree of care and that the "accused failed to present proof that the contents of the article are true."

The court also faulted Olivares for having failed to exert efforts to verify the truth of the statements against the complainants.

The court said Olivares cannot "hide behind freedom of the press and expression in order to evade liability," adding that that rights are not absolute.

OIivares' counsel Alexis Mina asked the court to allow her to use the P10,000 bond earlier posted during the course of the trial.

But lawyers for the Firm led by Miguel Solis objected.

"We oppose the bail since the probability of flight is increasing," Solis said, adding Olivares also faces 47 similar cases before 11 courts in Makati.

Rodel Cruz, a former defense undersecretary and a partner of the Firm, said they will donate the P5 million expected as damages to the Philippine Press Institute (PPI) as a "legal defense fund" to help broadcast and print journalists unfairly accused of libel.

Vindication

The Firm, in a statement, said, "With the guilty verdict the Firm has been vindicated once more. The truth is again made known. We have always believed the extortion yarn was concocted by Piatco lawyers. It was a part of a desperate but futile attempt to divert massive corruption that attended Piatco's illegal contracts. By maliciously and criminally publishing the same false accusations no less than 48 times in less than two months, Olivares abandoned all propriety and prostituted a noble profession. She behaved not as a journalist but as a cheap public relations lackey.

"Her conviction can be seen as a sterling instance of lawful profession of dark characters engaged in "envelopmental journalism." It serves as a signal against rotten public relations operators disguising themselves as journalists. It ennobles the journalism profession by punishing one who blatantly and gravely abused press freedom.

"We firmly support freedom of speech and expression and will continue to fight for its preservation. But we do not and will never stand idly by when it is abused to tarnish the professional reputation of our Firm - a reputation we meticulously and painstakingly built through more than 28 years of maintaining the highest professional standards. Freedom of the press is never a license to destroy the reputation of private individuals. The pen, as it is more powerful than the sword, cannot, with more reason, be wielded indiscriminately and with reckless disregard for the truth.

"The power granted to media is coupled with great responsibility. Through her persistent attacks against the Firm and its members, Olivares recklessly and criminally disregarded the truth. She went far beyond the limits of constitutionally protected speech. By betraying the ethics of the journalism profession, she has become an embarrassment to legitimate journalists. For all these, the Firm welcomes the rendition of the "GUILTY" verdict against Olivares in the first of 48 cases of libel we have filed against her."

Palace distances itself

Malacañang distanced itself from the ruling.

Press Secretary Ignacio Bunye said President Arroyo has not been consulting the Villaraza, Cruz, Marcelo and Angangco law firm (formerly the Carpio, Villaraza and Cruz) for several years.

Bunye added the administration "holds press freedom as one of our core values".

"However, press freedom like all other rights is not absolute."

[Source: Malaya.]