"It is but proper and fitting that this Court commend the unfaltering and very able assistance rendered to the accused, seen from the excellent presentation made of his case, particularly by his defense counsel, Atty. Abelardo L. Aportadera, Jr., of Davao City, who unstintedly and magnanimously contributed his legal talents and efforts in the hope that justice may ultimately prevail." X X X
Supreme Court Decision in 'People of the Philippines - versus- Lucio Lumayok' G.R. No. L-54016
SC rules for Yuchengco in libel case vs Coyiuto
By Daxim Lucas
Philippine Daily Inquirer
Posted date: December 10, 2009
MANILA, Philippines—The Supreme Court has found
businessman Robert Coyiuto Jr. and officers of a defunct newspaper liable for
libel for calling businessman Alfonso T. Yuchengco a "crony" and
"dummy" of the late strongman Ferdinand Marcos
and his brother-in-law Benjamin Romualdez.
In a recent 32-page decision, the Third Division of the high tribunal also
ordered Coyiuto and his co-defendants to pay P38.5 million in damages to
Yuchengco for branding him as a crony and dummy of Marcos and Romualdez in a
series of articles published by the Manila Chronicle in 1994.
Both the Regional Trial Court and Court of Appeals
found Coyiuto and Manila Chronicle liable for damages, but this was later
reversed by the Court of Appeals.
At that time, Coyiuto was the publisher of the Manila Chronicle.
In overturning the Court of Appeals' ruling, the Supreme Court stated that the
articles showed actual malice on the part of
respondents in publishing the articles, with the intention of injuring the
reputation of Yuchengco and expose him to public hatred, discredit, contempt
and ridicule.
The court pointed out that when malice is in fact proven, the defense of
qualified privileged communication does not exempt the respondents from
liability.
The court ordered officers and writers of Manila Chronicle to jointly and
severally pay the amount of P2 million for moral damages, and P500,000 for
exemplary charges, while Coyiuto was penalized with the amount of P25 million
in moral damages, and P10 million for exemplary damages.
All defendants were ordered to pay Yuchengco, jointly and severally, P1 million
in attorney's fees and legal costs.
Aside from Coyiuto, the other defendants were journalists Neil H. Cruz, Ernesto
Tolentino, the late Noel Cabrera, Thelma San
Juan, Gerry Zaragoza, Raul Valino, Rodney Diola and Donnabelle Gatdula.