FG’s ‘dubious epiphany’ spurs journalists to pursue class suit

SAYING his gesture of “generosity” is misplaced, journalists announced they are still pursuing the class-action suit they filed against First Gentleman Jose Miguel Arroyo despite his announcement more than two weeks ago that he is withdrawing the libel cases he filed against 46 of their colleagues.

“As it happens, this is not a case of such humanitarian challenge as the question seems to suggest,” the journalist-plaintiffs noted in a statement. “Mr. Arroyo, no doubt, deserves every sympathy after his heart surgery but, however serious his condition may be, it does not excuse him from misrepresenting his place in the way he has done: his is not to dispense generosity (his own word) to the journalists, but to ask them for it.”

The journalists criticized Arroyo for what they see as his “dubious epiphany” in that “instead of realizing, as might have been the case in a true chastening, that he has filed whimsical, malicious, wholesale suits, and apologizing, he presents himself as in fact the one wronged and offers yet to forgive.”

They claimed that the First Gentleman’s actions add insult to injury, and only serve to strengthen their intention to proceed with the P12.5-million class suit, a “social experiment” to seek damages in behalf of their profession and in defense of press freedom.

The plaintiffs in the class suit, represented by half of those Arroyo charged with libel, are joined by other journalists and media and journalists? organizations, including the Philippine Center for Investigative Journalism and Center for Media Freedom and Responsibility. They are contesting the First Gentleman’s claim that he has been maligned as a private citizen, for which he is seeking at least P141 million in damages.

Last May 3, two days after he was discharged from hospital following a critical heart surgery, Arroyo announced through Press Secretary Ignacio Bunye, that he had instructed his lawyers to drop all the libel cases he filed against journalists.

But the announcement has yet to be matched by an actual filing in court by Arroyo’s lawyers of any motion to withdraw or desist from pursuing the libel cases.

To Malaya columnist Ellen Tordesillas, a complainant in the class suit, the reported withdrawal of the libel cases is a “mere PR (public relations) move” designed to win public sympathy.

At yesterday’s scheduled hearing, Judge Zenaida Laguilles (Makati RTC, Branch 143) granted Arroyo’s request for a deferment of the hearing, in view of the petition for certiorari that his lawyers will file before the Court of Appeals and given Arroyo’s health condition. The CA petition revolves around the issue of “incomplete” docket fees filed by the journalists.

Judge Zaguilles, however, ruled that she would declare that the defendant’s side has waived their right to present evidence for their affirmative defense if they still fail to do so in the next hearing.

Below is the statement of the journalist-plaintiffs:

23 May 2007
A statement from journalists who have filed a class suit against the president’s husband, Mike Arroyo:

In view of Jose Miguel Arroyo’s announcement that he intends to withdraw all the libel suits he has brought against journalists (46 in all), the question is raised whether we might respond by withdrawing our own class suit against him.

“As it happens, this is not a case of such humanitarian challenge as the question seems to suggest. Mr. Arroyo, no doubt, deserves every sympathy after his heart surgery but, however serious his condition may be, it does not excuse him from misrepresenting his place in the way he has done: his is not to dispense generosity (his own word) to the journalists, but to ask them for it.

Apparently, Mr. Arroyo has had a dubious epiphany. Instead of realizing, as might have been the case in a true chastening, that he has filed whimsical, malicious, wholesale suits, and apologizing, he presents himself as in fact the one wronged and offers yet to forgive.

That is adding insult to injury, and it serves only to strengthen our intention to proceed with our suit for damages in behalf of our profession.

In the history of Philippine media, it is Mr. Arroyo who has filed the most number of libel cases versus journalists.

Let us remember that he is out to erode the watchdog function of the press. That is anathema in a democracy.

We’re trying to build the press as an institution that will function vigorously as part of the checks and balances in our system. As it is, we already operate in difficult conditions, where vested interests dominate some media organizations and the culture of impunity casts its dark shadow on us.

Today, we face a new battleground — in the courts.