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CA junks Inquirer bid vs P20.5-M Lacson damage suit

By Tetch Torres
INQUIRER.net
First Posted 19:07:00 09/22/2008

Filed Under: Crime, Judiciary (system of justice), Media

MANILA, Philippines -- The Court of Appeals dismissed the petition filed by officers of the Philippine Daily Inquirer (PDI, parent company of INQUIRER.net) to annul a Las Piñas court’s ruling junking their motion to dismiss a P20.5-million damage suit filed by Senator Panfilo Lacson in 2003.

In a 16-page decision, the appeals court’s ninth division said the petition for certiorari filed by Inquirer publisher Isagani Yambot, editors Artemio Engracia and Louie Camino, former reporter Carlito Pablo, and columnist Ramon Tulfo lacked merit.

The petitioners argued that Las Piñas Regional Trial Court Branch 197 has no jurisdiction to hear the case.

But the appeals court said: "The nature of respondent's action is a civil action for damages arising from alleged defamatory articles for which petitioners may be held civilly liable either under Article 353 of the Revised Penal Code or under Article 26 of the New Civil Code. It is not simply a libel case as petitioners would want to impress."

The appeals court pointed that since Lacson is a resident of Las Piñas, it is only proper that he file the action for damages in the place where he resides, pursuant to the Rules of Civil Procedure.

Under the law, an action for damages can be filed and heard where the plaintiff resides.

In 2001, Lacson filed the complaint for defamation and damages with the Las Piñas court after the paper allegedly imputed to him several heinous crimes, including the Kuratong Baleleng rubout, and the abduction and murder of publicist Bubby Dacer and his driver Emmanuel Corbito, money laundering and kidnapping, among others.

The articles were written by Tulfo in 2001, in his columns of July 12, 14, 17, 19, 21, 26, 28, 31, and August 5.

Lacson said the imputations were false and baseless, done maliciously and tainted with bad faith, to destroy his honor and integrity as a senator.

On November 15, 2002, the Las Piñas court denied the Inquirer’s motion to dismiss the charges as well as their appeal, prompting the appeal.



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