Court junks case Pops filed against "concert designer"

CEBU, Philippines - The Municipal Trial Court in Cities has dismissed the grave oral defamation case filed by singer/actress Cielito Fernandez, popularly known as Pops Fernandez, and two others against a “concert designer” who allegedly besmirched Fernandez’ reputation during a concert in Mandaue City two years ago.

Judge Rogelio Lucmayon said Fernandez and her fellow complainants failed to prove beyond reasonable doubt the guilt of Jeffrey Serrano.

One Patricia Jacqueline Porfolio had alleged Serrano was screaming when he accused Fernandez of being arrogant and a liar and for allegedly fooling organizers of the “Divalicious” Concert in Mandaue City wherein Fernandez was supposed to perform. 

The words reportedly affected Fernandez so much that she fainted.

But the court said the words allegedly uttered by Serrano to express anger and displeasure “were not defamatory as pronounced by the Supreme Court in the case of Reyes vs. People 27 SCRA 686.”

The court said that while the Supreme Court ruling only pointed to the words “P*&#ng ina mo” and that there were many other words the complainants considered offensive and scurrilous, “the same to the mind of the court were uttered to express anger and displeasure.”

Serrano reportedly became enraged when the concert had to be cancelled because of Fernandez’ alleged failure to appear at the Mandaue Cultural and Sports Complex on May 30, 2008. Fernandez’ group eventually showed up reportedly around 11pm, but it was already too late, as concert organizers already informed the audience of the cancellation and refund of their tickets.

Serrano said it appeared that the concert entourage would not go to the concert venue at that time unless organizers would deliver P200,000 to the hotel where the entourage was staying.

The court said what could have enraged Serrano was the fact that the complainants still arrived at the venue despite demanding for the P200,000 earlier.

“It was further observed by the court their demand to pay and yet they came, without receiving payment must have enraged the accused to utter ‘Blackmail ito!” the court said. 

The court also said that while it may be true that Fernandez fainted at the concert venue, there was no sufficient evidence, except the prosecution’s witness, to prove the same and that her reported fainting was related to the utterances of the accused.

The prosecution also failed to present a doctor or even a medical certificate to prove the same.

In her sworn statement, Fernandez said she has been a professional artist for 27 years and she would have been willing to perform at that time despite the alleged failure of the organizers to pay the P200,000 contract price.

Fernandez said it was during the first part of 2008 when one Gail Antonette Soco informed her of her plan to produce a concert in Mandaue, which Fernandez endorsed to Arnold Vergara, president of ALV Events International, Inc. that handles her bookings for concerts and other shows.

Soco subsequently entered into a contract with ALV for the “Divalicious” concert at the Mandaue Cultural and Sports Complex. — Jose P. Sollano/JMO (THE FREEMAN)