ACQUITTED | Supreme Court dismisses libel charges against Raffy Tulfo, two others

June 29, 2021 , 09:47 PM

By Beatrice Puente, News5 Digital

(June 29, 2021) – The country’s top court has reversed a decision made by an appeals court to convict broadcast journalist Raffy Tulfo and two other people of libel charges, stressing the need to protect free speech.

In a decision, the Supreme Court Third Division said the state should protect free speech and the free press to ensure checks and balances in the government. It also backed journalists’ calls to decriminalize libel.

Publisher Allen Macasaet and managing editor Nicolas Quijano Jr of Abante Tonite, where the articles were published, were also acquitted.

“Our libel laws must not be broadly construed as to deter comments on public affairs and the conduct of public officials,” said the high court in a ruling penned by Associate Justice Marvic Leonen. The decision was promulgated in January but was made public on Tuesday.

“Such comments are made in the fundamental exercise of the fundamental right to freedom of expression and the press. Public officers are accountable to the people … Speech that guards against abuses of those in public office should be encouraged.”

A lower court in Pasay convicted Tulfo of 14 counts of libel in 2005 for a series of commentaries in 1999 accusing lawyer Carlos So of engaging in “shady deals” in the Bureau of Customs, including the alleged P50,000 extortion from brokers and shippers.

They appealed the decision but the Court of Appeals upheld the lower court’s six counts of libel and overturned eight others. Tulfo was asked to pay some P250,000 for each count and to serve several years in jail.

All six cases were reversed by the high court.

The Supreme Court also ruled the complainant failed to establish malice in the written articles. It said the mere act of not getting the lawyer’s side of the story could not constitute malice by itself.

“While substantiating facts does play an important role in reporting standards, a reporter may rely on a lone source’s information, even if such information only shows one side of the story, for as long as the reporter ‘does not entertain a high degree of awareness of its probable falsity,'” the court added.

The Supreme Court, in the ruling, also expressed doubts over the constitutionality of criminalizing libel, a huge step forward in recognizing journalists’ long-standing campaign to decriminalize libel. However, it still reminded journalists to abide by their code of ethics in fulfilling their mandate.

It noted that, over the past years, libel cases have usually been used by the powerful to attack their critics. Defamation suits “are more consistent with our democratic values” for it does not create a chilling effect.

“The libel cases that have reached this Court in recent years generally involve notable personalities for parties, highlighting a propensity for the powerful and influential to use the advantages of criminal libel to silence their critics,” the ruling said.

“We regard the vital role that the media plays in ensuring that the government and its officials remain true to their oath in carrying out their mandates in a manner prescribed by law.”

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