SC clears Torralba of libel charges

The Supreme Court has acquitted broadcaster Cersi "Choy" Torralba of the libel case slapped against him 11 years ago.

The SC's August 22 decision came after it found out that what Torralba was accused of was part of his freedom as a member of the press.

But prior to the SC decision, Torralba filed a motion for reconsideration on the Court of Appeals decision dated May 22, 2002 affirming a lower court's ruling finding him guilty of maligning the name of a prominent family. Torralba was the host of a dyFX's "Tug-ani ang lungsod."

On September 12, 1994, a libel complaint was filed before a court in Tagbilaran City against Torralba, stating that he maligned the name of Judge Agapito Y. Hontanosas on April 11, 1994.

Torralba reportedly said in his radio program that "kining mga Hontanosas, Agapito Hontanosas ug Castor Hontanosas, mga collaborator sa panahon sa guerra. Sa ato pa, traydor sa yutang natawhan. Dunay dugo nga pagkatraydor ang amahan ni Manoling Hontanosas."

On 14 May 1998, Torralba filed before the Regional Trial Court Branch 1 in Tagbilaran City a motion for consolidation, alleging that complainant Manuel Hontanosas filed four libel cases against him. Three of these cases were then pending at the RTC Branch III in Tagbilaran City.

Since the pieces of evidence of the prosecution as well as the defense were the same, Torralba moved that Criminal Case No. 9107 be consolidated with the three other cases so as to save time and effort. The court then granted Torralba's appeal.

Upon cross-examination, Manuel Hontanosas disclosed that he did not actually hear Torralba's radio broadcast, and merely relied on the tape recordings presented to him by prosecution witness Segundo Lim.

Torralba, for his part, denied having called former Judge Hontanosas a traitor in his program.

On August 24, 2000, the court acquitted Torralba of the three criminal cases - No. 8956, No. 8957, and No. 8958 - charged against him, but found him guilty of the Criminal Case No. 9107 for his "unwarranted blackening of the memory of the late Hon. CFI Judge Agapito Y. Hontanosas through the air lanes in his radio program resulting to the dishonor and wounded feelings of his children, grandchildren, relatives, friends, and close associates."

Torralba was sentenced to over three years of imprisonment and was also ordered to pay P1,000,000 as moral damages to the heirs of the late judge.

Torralba then appealed before the CA, which affirmed the findings of the regional trial court but modified the penalty by shortening the sentence and the moral damages.



However, the SC found out that CA "gravely erred in affirming the decision of the lower court."

"The honorable Court of Appeals seriously committed an error in admitting in evidence an unauthenticated and spurious tape record or a radio broadcast allegedly by Torralba," the SC decision read.

And because the complainant did not personally hear Torralba's broadcast, the SC found out that the records of the "case are bereft of any proof that a witness saw Torralba broadcast the alleged libelous remarks on 11 April 1994." - Liv G. Campo