NO MALICE | CA upholds junking of Francis Tolentino’s libel case against Ted Failon

March 12, 2021 , 03:02 PM

(March 12, 2021) – The Court of Appeals (CA) has affirmed its earlier decision dismissing the libel complaint filed by Sen. Francis Tolentino against broadcast journalist Ted Failon, citing lack of merit.

In a decision promulgated on March 5, the CA pointed out that Tolentino did not raise any substantial arguments in his motion for reconsideration that haven’t been resolved in the initial July 2020 decision.

Public officials like Tolentino cannot rely on presumed malice in the case, according to the CA Former Special 12th Division, maintaining that the prosecution needed to prove actual malice by Failon.

“Critical comments on the performance of official duties (are) protected and privileged speech which if not motivated by reckless disregard of the truth and a plain intent to injure, must be free from any form of subsequent punishment,” read the decision penned by Associate Justice Pablito Perez.

Tolentino’s complaint stemmed from the allegations of fund misuse in the purchase of second-hand motorcycles by the Metro Manila Development Authority (MMDA) aired in an episode of ABS-CBN’s Failon Ngayon in 2016. Tolentino was MMDA chairman during that time.

Tolentino filed a second libel complaint in 2017 after the rebroadcast of the episode.

Though prosecutors in Cavite found merit in filing a libel case, the Department of Justice later said Failon and his co-accused did nothing wrong in exposing government anomalies, which falls under the function of the critical press.

In a previous ruling, the CA said Tolentino’s libel charge against Failon was insufficient due to the lack of actual malice presented in the case. Tolentino should prove that Failon and his co-accused knowingly published false information against them for the case to stand. But Tolentino merely relied on presumed malice, which could only be applied to private individuals.

“To warrant the continuing prosecution of the petitioners, it was incumbent on the prosecution not only to prove actual malice during trial but to first and foremost allege actual malice in the information,” read the decision. “In libel cases involving public officials and public figures, the well-settled rule is that malice is not presumed, since to rule otherwise is anathema to the democratic ideals of a free speech and the rights of citizens.”

The CA also cleared other members of Failon’s team included in the case, namely Abigail Lucas-Rondilla, Irene Manotok, and Gerald Oro.

Failon currently hosts the radio program Ted Failon and DJ Chacha sa Radyo 5 since joining TV5 last September.

(Beatrice Puente/PM)

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