WHO’S NEXT?

Is the filing of a libel suit by the husband of the most powerful woman in the country certain to produce a conviction?

From a legal standpoint, of course not. The winnability of a case certainly depends on the evidence at hand and how a court appreciates the same.

But if the same question is answered within the context of the current scheme of things, then regrettably, my hesitant answer would have to be yes. It however depends on the peculiarities of the situation, subject to how the judge handles the intense “pressures” that go along with having to resolve a sensitive case involving influential public figures. This, I think, is what gives the chills to those who might be minded to criticize — constructively or destructively — the First Gentleman.

As far as I can recall, these are the people whom Mike Arroyo has filed libel cases against since his wife came to power allegedly via the Hello Garci route:

1. Jake Macasaet and Rosario T. Galang of Malaya
2. Former Senator Francisco “Kit” Tatad
3. Former Solicitor General Frank Chavez
4. Lito Banayo of Malaya, who was formerly with the Daily Tribune
5. Ninez Cacho-Olivares of the Daily Tribune and her editorial staff
6. William Esposo of the Inquirer
7. Senator Jinggoy Estrada
8. Rep. Alan Peter Cayetano
9. Inquirer Columnist Ramon Tulfo
10. Raffy Tulfo
11. Erwin Tulfo
12. Editorial Board of the Philippine Daily Inquirer and its sister publication, Bandera

Ellen Tordesillas has the complete list (43 journalists as of the latest count).

Lito Banayo, through Ellen Tordesillas’ blog, has an interesting account of what it was like to be charged with libel by no less than the First Gentleman:

“On the morning of Monday, August 7, 2006, the premises of the City Hall of Manila swarmed with uniformed police and Presidential Security Guards along with bomb sniffing dogs. No less than Gen. Bulaong was in the immediate area of Branch 49 at the 5th floor, along with some six uniformed police officers, two or three of them with the rank of colonel. The PSG and/or the police effectively barred media (who were attracted by the unusual display of force) from entering the sala of the judge.

Without any written pre-trial order signed by both parties, the presiding judge ordered the presentation of the first prosecution witness on the same day, thereby violating Sections 2 and 4 of Rule 118 of the Rules on Criminal Procedure.

The judge arbitrarily, capriciously and despotically ordered the case to proceed to trial moments after she terminated the pre-trial conference. During the testimony of the First Gentleman, Atty. Arroyo, she repeatedly denied motions of the lawyer for the defense in a manner so high-handed, punctuated with unabated and unnecessary shouting.

After the one-hour direct examination of the private complainant, the judge wanted to force the defense counsel to cross-examine the private complainant immediately, without the benefit of time to confer with the stenographic notes of the lengthy testimony. Thereafter, she directed continuation of the trial the following day, Tuesday, August 8, at 2:00 p.m. She directed the court stenographer to give the transcript to the affected parties the same afternoon.

By 1:15 p.m. of Tuesday, August 8, the stenographer had completed transcribing only 62 pages of the notes, a little more than half of the testimony of the previous day. Finding the actions inside the courtroom the day before as being “an utter display of partiality and high-handedness,” Banayo and his counsel, Atty. Johnmuel Romano Mendoza, filed a motion to inhibit the presiding judge. Not surprisingly Judge Alarcon-Vergara promptly started the hearing at 2:00 p.m., and immediately denied the Motion to Inhibit.

In tones livid with anger, she peremptorily disputed the charge of partiality and directed the defense counsel to cross-examine Atty. Arroyo. Mendoza refused and begged leave of court. Banayo, however, was directed by the judge to remain. Whereupon, she appointed a counsel de oficio.

Inside the court was Atty. Humberto Basco, a lawyer who accompanied his friend Rogelio de la Paz, a friend of Banayo who went there to lend moral support. Both were former councilors of Manila who were able to enter the court only because they arrived at the same time that the First Gentleman and his party, which again included Gen. Bulaong and assorted police and PSGs.

Judge Vergara immediately appointed the unwitting and unwilling Basco to be de oficio lawyer. Banayo said he found what was happening surreal and declared that he does not agree to be represented by a lawyer who had virtually no knowledge of the case. But Alarcon-Vergara persisted. Banayo related that at one point, no less than the First Gentleman needled Basco to accept the appointment as counsel de oficio, saying “Magaling ka namang abogado, e.”

When Banayo asked for a postponement of the trial so he could be properly represented, the judge again denied the motion, and forced Basco to proceed with cross-examining the second witness, the First Gentleman’s private prosecutor, Atty. Ruy Rondain. Several times, Arroyo’s lawyer reminded the judge that his client “was a busy man” which was duly noted because she insisted that she wanted to finish the case with dispatch.”

If I were Lito Banayo, I would file administrative charges against her for deliberately failing to exercise the cold neutrality of an impartial judge. Her bias showed when she forced the newly-appointed counsel de oficio, Atty. Basco, to cross-examine the 2nd witness for the prosecution without affording the said lawyer sufficient time to confer with his client. This is tantamount to a violation of Mr. Banayo’s constitutional right to have competent and independent counsel of his own choice. For the judge to dispense with the rules merely because Mike Arroyo is a “busy man” smacks of manifest partiality and evident bad faith.

With this apparent propensity of the First Gentleman to file libel cases against anyone who catches his ire, the question is asked - WHO’S NEXT?

To those who do not yet know what LIBEL means, this article by the Law Professor might help.

(photo above courtesy of theseoultimes.com)