MANILA-Former Makati Vice Mayor Roberto Brillante was
found guilty again of libel against Vice President Jejomar C. Binay and was ordered
to pay P500,000 in damages to the city’s former chief executive.
In a 13-page decision dated June 30, 2014,
Judge Selma Palacio Alaras of the Makati Regional Trial Court Branch 62 said
Brillante "willfully, unlawfully and feloniously” disseminated a
defamatory statement that caused “dishonor, discredit and public contempt” upon
Binay.
Alaras ordered Brillante to pay a fine of
P6,000 as well as P500,000 in moral damages to the Vice President.
Binay filed a libel suit against Brillante in
2006 after the latter released a press statement that accused the former mayor
of allegedly bribing three Sandiganbayan justices to win a graft case.
The Sandiganbayan had dismissed a
complaint filed by Brillante against former Mayor Elenita S. Binay and nine others
for lack of probable cause.
Brillante, citing unnamed sources, had said in
a radio program and a press conference that "lobby money" resulted in
the dismissal of the case
In his testimony, Binay said Brillante's
statement "was calculated to disseminate malicious imputations" and
"clearly brought damage" to his name, reputation, integrity and honor
as a public servant.
Brillante, on the other hand, told the court
his statement was done in "good faith" but the court said
Brillante failed to act in “good faith” when he neglected to “substantiate or
even attempt to verify his story before publication,” and his information were
“mere gossips peddled by unnamed sources.”
It further said that Brillante showed malice,
a critical element in libel cases, when he “made such remarks with knowledge
that it was false or with reckless disregard as to the truth or falsity
thereof.”
According to the court, journalists have a responsibility to
report the truth, and in doing so must at least investigate their stories
before publication, and be able to back their stories up with proof.
"There must be some foundation to their reports; these
reports must be warranted by facts," the court said.
“There was no showing that accused (Brillante) made any attempt
to talk to Mayor Binay to verify statements contained in the defamatory
articles, especially considering the gravity of the accusations made against
the latter.”
“Accused’s failure to verify the truth of the information from
Mayor Binay himself is in itself an evidence of his lack of bona fide efforts
to verify the accuracy of his information," it added.
While Brillante was found guilty of libel, the court
imposed a penalty of fine instead of imprisonment because of the "wide
latitude given to utterances against public figures" consonant to
Administrative Circular No. 08-2008.
In 1993, Brillante was also slapped with a
P500,000 fine for being convicted of five different counts of libel against
Binay. The libel charges were related to the publication of the
articles entitled "Binay accused of plotting slays of rivals,"
"Binay Slay Plan on (Augusto) Syjuco" and "Plea for Cory to Save
Makati," all of which were published in January 1988.
