Aklan radio blocktimer found guilty of libel

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ILOILO CITY — A trial court in Aklan province on April 12 found a radio blocktimer guilty of libel for comments he made against a Chinese businessman in 2020.

Judge Nelson Bartolome of the Regional Trial Court Branch 8 in Kalibo found that Jimmy Bañares maliciously made defamatory statements against businessman Yong Quiang “Johnzon” Zhu, an owner of a scuba diving school.

The court meted the radio commentator a fine of ₱150,000 and ordered him to pay Zhu ₱100,000 in moral damages and ₱50,000 in exemplary damages.

The Inquirer reached out to Bañares but he had yet to respond.

The judge said Bañares maligned Zhu during the broadcaster’s radio program titled Radyo Birada over Radyo Boracay Station 106.1 FM in June 2020.

Bartolome said Bañares repeatedly criticized Zhu over the latter’s alleged mistreatment of his employees, paired with foul words and even a deportation threat.

“Apart from imputing the said crime, Bañares further ascribed conditions such as ‘tarantado’ (rowdy), ‘walang hiya’ (shameless), ‘torpe’ (sheepish), ‘maliit ang utak’ (small brain), ‘kupal’ (vulgar), ‘mayabang’ (boastful), ‘tonto’ (silly), ‘bastos’ (rude). The imputation of such words clearly impeaches the reputation and the virtue of the subject [Zhu],” the judge said.

“Additionally, the accused in saying ‘Gina api mo lang ang mga Pilipino’ (You are just maltreating the Filipino) imputes an act attacking the virtue of the subject. The statements uttered by the accused are, without a doubt, defamatory,” he added.

The court did not elevate the conviction to cyberlibel, saying that the system used to livestream Bañares’ program over Facebook could not be proven.

“While it was clearly established that the defamatory statements were broadcasted over radio, there is no proof as to what device or group of interconnected or related devices was utilized by the accused in, simultaneously, publishing the broadcast in his Facebook page,” Bartolome said.

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