2 broadcasters, ex- mayor sued for radio program

TAGBILARAN CITY, Philippines — Two media personalities in Bohol have been dragged into an election-related case filed against former Tagbilaran City mayor, Dan Neri Lim.

The legal trouble may sink deeper after the Comelec national office approved the filing of appropriate case against the mayor in court, including the two mediamen.

Ted Ayeng and Lito Responte—all of radio station dyTR—are respondents in a suit lodged against Lim, who was accused of performing media work while being a candidate for congressman in the 2013 elections.

The case, filed by Alfonso Damalerio II, and as represented by lawyer Lord "Popot" Marapao IV, stemmed from Lim's alleged continued broadcast of a weekly commentary program, with Ayeng sitting as co-anchor, during the 2013 election campaign period. Responte was sued in his capacity as former general manager of the radio station.

Lim, mayor of Tagbilaran from 2004 to 2011, ran as representative in Bohol's first district against incumbent congressman Rene Lopez Relampagos.

According to court records, Lim allegedly performed a media work like a professional media practitioner during the election period, an act which is prohibited by Republic Act No. 9006 and Comelec Resolution No. 9615.

In November 2013, the Comelec-7 regional office found a probable cause to prosecute Lim, including the two radio broadcasters. The issue was then elevated to the Comelec Manila.

Nearly four years later, or last August 10, the Comelec in an en banc resolution resolved and adopted the ruling of the regional Comelec office.

“Upon gleaning on the facts aforestated, respondent lawyer Dan Neri Lim, a candidate for Representative of the First District of Bohol, blatantly ignored the specific provisions of law concerning the Fair Elections Act," according to the Comelec en banc resolution docketed as E.O. No. 13-051.

"Despite the first complaint filed by the complainant, respondent lawyer Lim continued to broadcast on air his radio program, wherein respondent Ted Ayeng is the anchorman," it stated.

The resolution, approved by Comelec chairman J. Andres D. Bautista and commissioners Christian Robert S. Lim, Al A. Parreño, Luie Tito F. Guia, Arthur D. Lim, Ma. Rowena Amelia V. Guanzon, and Sheriff M. Abas, noted that the respondents have taken advantage of their position, an act which constitutes an alleged violation of the Fair Election law.

Pursuant to Section 264 of the Omnibus Election Code, ex-mayor Lim, if proven guilty, may be barred from holding public office again and could lose his right to vote. If guilt is proven, Ayeng and Responte's license to engage in radio broadcast could also be revoked, according to lawyer Marapao.

"We respect the profession of Ayeng and Responte, but there are laws that govern our actions, and there are limits how far we can exercise our media freedom," Marapao added. (FREEMAN)