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BUSINESS
tycoon Alfonso Yuchengco has won his libel case against
the editors and reporters of the defunct Manila
Chronicle Publishing Corporation and ordered them to pay
him P101 million in damages.
The
Makati Regional Trial Court had earlier found Raul
Valino, Neal Cruz, Ernesto Tolentino, Noel Cabrera,
Thelma San Juan, Gerry Zaragoza, Donna Gatdula, Rodney
Diola and businessman Robert Coyuito guilty and ordered
them to pay Yuchengco the P101 million.
In a
decision addressing the petition for review by the
owners and staff, the Court of Appeals affirmed the
lower court decision handed down in November 8, 2002
that found defamatory the series of news articles and
columns on Yuchengco.
The CA
decision written by Associate Justice Agustin Dizon of
the Fifteenth Division said the court did not give
credence to the appellants’ claim that the articles fall
under those classified as privileged communication and
within the ambit of the constitutionally guaranteed
freedom of speech and of the press, or that the articles
should be considered as fair reports and commentaries on
matters of public interest.
Concurring were Associate Justices Amelita Tolentino and
Lucenito Tagle.
The CA
noted there is “preponderance of evidence” showing
malice in the writing and publication of the articles
and that the appellants failed to get the side of
Yuchengco before publishing the articles and columns.
“In the
instant case, the defendants-appellants did not exert
bona fide effort to ascertain the truth of the
accusations contained in the subject libelous articles.
Clearly, defendants-appellants did not exercise any
reasonable degree of care in publishing or causing the
publication of the subject articles. There was no
good-faith effort as evidenced by the fact that
defendants-appellants did not make effort at all to talk
to plaintiff-appellee [Yuchengco] regarding the
issues.”
Yuchengco in his filing said that in the last quarter of
1994, the Manila Chronicle published a series of
defamatory articles against him, and in two of them he
was referred to as a “Marcos crony” or a
“Marcos-Romualdez crony,” and labeled a “corporate
raider.”
Yuchengco said the articles branded him as a mere dummy
for the Marcos and Romualdez clans in the Benguet Corp.,
which company sought to take over the management of
Oriental Petroleum Mineral Corp.
Yuchengco said such imputation is untrue since his
holdings in Benguet Corp. were legally acquired by him.
The
subject articles, Yuchengco added, insinuated that he
personally and intentionally caused the failure of
Benguet Corp. and that even if he assumed control of
Oriental, it would suffer the same fate.
One
article also portrayed him as being an unfair and
uncaring employer when the employees of Grepalife Corp.,
of which he is a chairman, staged a strike.
The
articles accused him of inducing Rizal Commercial
Banking Corp. to violate the provisions of the General
Banking Act on Dosri loans.
The
appellate court noted there is sufficient evidence to
establish that Coyuito abused his right as owner and
chairman of the Manila Chronicle board by causing the
publication of the series unfavorable to Yuchengco.
The CA
said Coyuito used his newspaper to vent his personal
spite and hatred of Yuchengco, being his rival in the
bid for control over Oriental Corp. |
