CA affirms conviction of anchor for libel

CEBU, Philippines - The Court of Appeals (CA) 18th Division affirmed the ruling of a lower court finding a former Bombo Radyo anchor guilty of libel.

Associate Justice Nina Valenzuela said the complainant in the case, Judge Gerardo Gestopa Jr., was not driven with malicious intent in filing the case against Epifanio Oscar Jr.

Gestopa is a former presiding judge of the Municipal Trial court in Naga City.

“Nothing in the records would show that the private complainant was animated by improper motives in pinning down the accused-appellant,” the CA decision reads.

Valenzuela also denied Oscar’s appeal.

Gestopa had alleged that Oscar, then anchor of the program “Bombohanay Big Time” over dyMF Radio (Bombo Radyo), defamed him on air around 8am on September 4, 1998. Gestopa said he heard the broadcast himself.

Records of the case revealed that Oscar uttered the following words, which have been translated to English:

“The justice of one man will only be severed if this Judge Gerardo Estopa is just allowed to handle this case. Its better that you commit suicide! You’re a big liar, judge” and “With this kind of Judge, justice is topsy-turvy. Knows how to invent cases towards filing in court! Questionable judgment.”

Gestopa said such utterances caused him sleepless nights and degraded his reputation.

Gestopa said his brother-in law, Teofilo Vasquez, also heard the broadcast at his house along Manalili Street in Cebu City.

“I heard accused-appellant utter the abovementioned statements on air. I recorded the broadcast in a cassette tape so I could give it to my sister, who was private complainant’s wife,” Vasquez said.

Gestopa said he was sure that it was Oscar who made the libelous statements on air as the latter repeatedly said his name during the course of the program.

“I was familiar with accused-appellant’s voice, having earlier heard the latter defame me in the same radio program on March 5, 1998. I’ve been listening to accused-appellant’s radio program since March 1998,” Gestopa said.

Gestopa said he actually filed another case for libel against Oscar, which was pending before Branch 56 of the Regional Trial Court in Mandaue City, when the second libel case he filed before RTC Branch 20 in Cebu City was heard.

Gestopa said he assumed that Oscar’s attacks were in relation to a murder case filed before the MTC in Naga. Gestopa had downgraded the case to homicide and recommended the downgrading to the Cebu Provincial Prosecutor’s Office.

In his defense, Oscar said he was on official leave from September 3 to 5, 1998. It was reportedly another anchor, Ely Carunggay, who handled his program temporarily at that time.

Carunggay and Juan Elias Yandug, Jr., DYMF’s station manager at that time, corroborated Oscar’s statement.

Carunggay said he was senior anchor for the program “Sona Libre” which regularly aired in the evening. Since, Oscar was absent on September 3 to 5, he took over the latter’s radio program, but never issued any defamatory remark against Gestopa.

“The issues tackled by me on September 4, 1998 were the massive retrenchment happening at MEPZA Lapu-lapu City and the county’s political situation with the advent of Estrada Administration. I did not make any comments against Gestopa as I did not know him and the issue he was involved,” Carunggay said.

However, Valenzuela ruled that Oscar failed to present clear and convincing evidence to substantiate his defense of alibi.

“The Supreme Court has time and again ruled that denial, just like alibi, if not substantiated by clear and convincing evidence, is inherently weak, being self-serving negative evidence undeserving of weight in law,” decision reads. — (FREEMAN)