CA junks libel case filed by Reghis Romero II vs Inquirer reporter Balana
MANILA, Philippines—The Court of Appeals has dismissed the libel case that businessman Reghis Romero II filed against Philippine Daily Inquirer senior reporter Cynthia Balana four years ago.
In an 11-page decision dated June 17 but released only last Monday, the appellate court’s Fifth Division reversed the Quezon City regional trial court’s order issued on Feb. 21, 2012 that denied the motion to quash filed by Balana through the INQUIRER’s counsel.
“The assailed order issued by public respondent (QCRTC Branch 96) in so far as it denied the motion to quash of petitioner (Balana) is hereby nullified and set aside and the information against [the] petitioner is dismissed on the ground of lack of jurisdiction,” stated the court’s decision written by Justice Rosmari Carandang.
The other division members, Justices Marlene Gonzales Sison and Edwin Sorongon, concurred in the ruling.
Last June 30, the RTC presiding judge Afable Cajigal also issued an order formally dismissing the libel suit.
“Upon the joint motion of the private prosecutor and the counsel de parte and without any objection from the public prosecutor, this case is hereby dismissed. The cash bond posted by the accused is hereby directed to be released to [her] upon presentation of the official receipt and all other documents,” stated Cajigal’s one-page order.
Romero earlier decided to drop the criminal case without condition after a meeting with Balana and her lawyer last month.
The appeals tribunal, in its ruling, found that the allegations in the information were “insufficient to vest jurisdiction” over the offense filed at the RTC.
The justices pointed out that Article 360 of the Revised Penal Code was explicit in saying that the information must allege the actual residence of the offended party at the time of the commission of the offense of libel.
“Hence, considering that the Information contains no clear and positive allegations as to the actual residence of respondent at the time of the offense of libel was committed, the requirement to confer jurisdiction upon the RTC over the case of libel against petitioner has not been met,” they added.
The libel case stemmed from an INQUIRER article, written by Balana, that came out on June 18, 2010 entitled “De Castro: No Midnight Deal Over Smokey.” The article tackled the controversial Smokey Mountain Development Reclamation Project (SMDRP) implemented during the administration of President Fidel Ramos.
The article stated, among others, that the then outgoing administration of President Gloria Macapagal-Arroyo was poised to approve a deal with Romero’s company, R-II Builders Inc., giving it P4.46 billion in government funds to settle a dispute with the HGC.
The money to be paid to R-II Builders would allegedly come from “unauditable” funds intended for reconstruction activities in the aftermath of the devastation brought by Tropical Storm Ondoy.
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