DUMAGUETE CITY—A regional trial court (RTC) judge in Negros Oriental has found a radio commentator and blocktimer guilty of libel and has sent him to jail for a maximum of more than two years.
Joene Cahilog, who goes by the name of Rex “Kandos” Santos on air, was found guilty beyond reasonable doubt of the crime of libel and was sentenced to imprisonment of one year, eight months and 21 days to two years and two months.
At the same time, the radio commentator was ordered on Monday to pay the private complainant Florence Felice Baesa, a radio personality from a different radio station in Dumaguete, the amount of P20,000 as moral damages.
Anger, bitterness
In her decision, RTC Branch 39 presiding Judge Arlene Catherine A. Dato said “it is evident that the defamatory imputation of the accused against the complainant were uttered in retaliation or vindictiveness. It cannot be denied that accused deeply resented complainant’s act of questioning his use of an alias name and so he proceeded to let out a barrage of insults against her on the airwaves.”
“Apparently, deep seated feelings of anger, bitterness, and resentment motivated the accused to utter the said defamatory imputations against her.
However, such retaliation or vindictiveness cannot be the basis of self-defense in libel.”
“The rule, therefore, is that the defamatory statements made by the accused must be a fair answer to the libel made by the supposed offended party and must be related to the imputation made. The answer should not be unnecessarily libelous,” the decision further read.
The judge also ruled that “the utterances made by the accused against the complainant could be deemed to have been done with actual malice and cannot be subsumed under the mantle of having been done with good motives and or justifiable ends and cannot be justified as having been resorted to in self-defense. Accused therefore is criminally liable for the offense of libel.”
Wounded feelings
Judge Dato also said that “in this case, [the] private complainant no doubt has suffered wounded feelings, mental anguish and sleepless nights due to the malicious imputations of the accused against her. Hence, an award of moral damages in the amount of P20,000 is just and proper under the circumstances.”
In an interview, complainant Baesa was happy that “after a long wait, I can say justice is served. I’ve been attacked for how many years in the airlanes, starting in 2012, by accusing me as a liar, [calling me] stupid and even my personal appearance had been a subject of ridicule by Rex ‘Kandos’ Santos.”
Baesa enjoined other blocktimers and radio commentators that if they do not like the news, they should attack the content of the news but not the messenger.
Santos said he was definitely not happy with the court decision and was requesting the presiding judge to allow him to post bail while his lawyers were preparing to bring this matter to the Court of Appeals.
However, during the pendency of the request for bail, Santos will remain in jail, and that under court procedures, it is discretionary on the part of the presiding judge to grant him bail.
According to a lawyer, if the request for bail is denied, Santos could directly file the petition for bail before the CA while he is held in prison.
Risk
Santos admitted in an interview that this was part of the risk being a radio commentator and a block timer but he said he was standing by his words and principles, in refusing to comment on his conviction.
He said even if he asked for forgiveness, it would no longer matter because the decision has been rendered and that Baesa even followed him to the jail to make sure that he was placed behind bars while he was being booked inside the Bureau of Jail Management and Penology office.
However, he said he was still hoping the complainant would drop the remaining six libel cases filed against him. He explained it is his expression and style when he utters the words “tonto” and “gago.”