Nineteen year-old campus journalist facing possible conviction for charges of libel: an update on the libel case against Jesusa Paquibot, former Outcrop Editor-in-Chief (2)


The task of the journalist, be it mainstream or campus-based, is to write the truth. Whether it is the rising prices of commodities, the poverty in urban areas, the latest gadgets, the movies that everyone is watching at the moment, a teacher rebuking someone who merely does her job as an event documentor or a new infrastructure in town, as long as it is grounded on reality and backed up by facts, the journalist must write what he or she thinks is most relevant to the readers.

Due to limitations in the space of a newspaper or time slot for audio-visual programs, journalists can only choose some of what they deem to be most relevant and most significant among the numerous events happening around which they can write about. Moreover, given a democratic space that is being limited by factors like legislations, editorial policies leaning towards private interests and most severely, security threats, the journalists have to be more careful and creative in delivering the issues in the community and influencing the thinking of the people. One of the ways by which these limitations can be undermined is through types of writing that can vary tones and writing styles, explore linguistic forms and generally go outside the rigidities of structure usually found in more traditional types of journalism articles like news and features. One example here is lampoon writing. Without bypassing the principles of responsible journalism and in the case of Outcrop, without digression from its pro-student and pro-people orientation, lampoon writing can be effectively used to tackle issues which otherwise cannot be tackled in a setting abounding with repressive codes and regulations. Sadly, even this tapping of alternative forms to deliver truthful events is being attacked especially if they threaten those who cling to and benefit with their power. This is what happened to a lampoon article, entitled Yupiang Yupi, which is published in Outcrop, the official student publication of UP Baguio.

Around November last year, upon arriving at her boarding house, the Editor-in-Chief of UPB Outcrop received a subpoena requiring her to submit a counter-affidavit in defense of the complaint that a Professor in UP Baguio filed at the City Prosecutor’s Office on August 25, 2011. On November 25, together with her legal adviser, Paquibot filed her counter-affidavit at the City Prosecutor’s Office. Four days after, The City Prosecutor’s Office filed a resolution stating that the article was not libelous due to the lack of the element of specificity.

On December 19, 2011, the private complainant filed a motion for reconsideration. The case was then considered libelous after a student and a professor from the CAC officially declared that they think the fictional character in the said Yupiang Yupi article to be professor. However, the Outcrop was not able to respond to this since it was the period of Christmas break when most of the staffers come back to their homes.

January of this year when Outcrop, the official student publication of UP Baguio and member of the College Editor’s Guild of the Philippines, received a notice from the Regional Trial Court (RTC) prosecutor indicating its decision to continue the libel case filed by a professor of UP Baguio to Jesusa Paquibot as Editor-in-Chief of Outcrop. This was after the earlier charge of libel was dismissed on November 2011 by a different prosecutor.

On January 19, 2012, Outcrop filed cash bond to recall or set aside the warrant of arrest. The original amount of ten thousand was reduced to five thousand five hundred after a motion to reduce bail was made. The amount of money raised and used for bail was garnered overnight through donations from the UP Baguio students, Outcrop alumni and others.

On February 07, 2012, in the scheduled arraignment, the respondent pleaded not guilty.

On March 07, 2012, the pre-trial was held.

On March 08 and 09, 2012, the defense requested the Court for a mediation process with the complainant. While the process went on, the complainant and the respondent were not able to settle the terms of mediation. The complainant wished that the respondent apologizes for the lampoon article it approved of publishing and which intends to defame her. The respondent and her legal advisers disagreed to these terms for they find it to be self-incriminating and similar to a guilty plea.

With the failure of the mediation process to settle the case, the initial trial was set on April 23 where the Professor testified as the private offended party.

On May 15 and 16, 2012, Professor Anna Christie, now Dean of the College of Arts and Communication of UP Baguio, testified as a witness.

On May 22 Joshua Anne Therese Tan, a Communication student at UP Baguio testified as a witness. The next day, May 23, Ms. Tan was cross-examined by the defense then the side of the private complainant presented another witness, Nelly Rae Castro, also a Communication student at UP Baguio.

On June 19, Amer Amor, an instructor at UP Baguio was presented as the last witness of the private complainant. The side of the private complainant was given ten days to a summation of its evidences to which the defense will have seven days afterwards to make comments on.

As of now, the defense planned to return the case to the Judicial Dispute Resolution where again it will try to settle the case with the complainant by agreeing on the terms of the public letter. Ms. Paquibot of Outcrop and CEGP together with her legal advisers and confreres are open to apologizing to the Professor but only for the distress the lampoon article caused her and nothing else. However, the legal adviser of Outcrop clarified that instead of a “mediation” with the complainant, a “settlement” seems more likely to happen. Whereas in the case of a mediation, the two parties can meet on mutually agreeable terms, a settlement would allow the complainant to compel the respondent (Ms. Paquibot) to abide by the conditions she will demand. Considering the heavy toll a conviction on libel would generate – at least six months of imprisonment and a fine of up to 500 thousand pesos – the Editorial Board of Outcrop is now considering to abide by whatever demands the private complainant will make if a case of settlement takes place. Similar to the plight of the mainstream media, particularly from community papers, who are also prone to charges of libel, Outcrop is being daunted by the possible consequences of a conviction. Lacking the financial capability to shoulder such fines and to miss a period of their work in the case of imprisonment, many mediamen charged of libel are forced to succumb to the conditions given by the complainants just for the case to be dismissed. In the case of Paquibot, the situation appears even bleaker as she is only a student, who unfortunately, was charged of a criminal case by a professor in the university.

To clarify this further, while this scenario is being explored by the Editorial Board of Outcrop and its confreres, it is still very open on pursuing the case. Since it is now the turn of the defense to present its witnesses, Outcrop is already preparing for this stage. It already has its line of witnesses that shall present the other side of the case. Hence, while it already looks at the possibility of conviction of one among its ranks, the defense’ determination to continue the trial is not even slightly dampened. It is in this relation that CEGP Baguio-Benguet keeps on gathering support from fellow campus journalists, mainstream media practitioners and other concerned groups for our victory in this case.

This is when the unity not just of the members of the press but of everyone who cares to know the things happening around them is being urgently called for.  We are seeking the support of the mainstream media which is likewise prone to the threats of powerplay in the current system where libel is only one manifestation. We are also uniting with the National Union of Journalists of the Philippines in its call to Decriminalize Libel and prevent this from limiting the freedom of expression of the media, and as a consequence, limiting as well the public’s freedom of information.

In the final note, CEGP Baguio-Benguet reiterates that this is not just Outcrop’s battle. This is a battle for the entire press – be it campus or mainstream. This is a battle against the various elements – state institutions and policies, powerful and influential figures – that stifle not only the right of media practitioners to freedom of expression but more importantly, the right to information of the public.

 

For other related materials, check on these links:

https://www.facebook.com/notes/up-baguio-outcrop/rootcrop-anatomy-of-the-libel-case-against-outcrop/256939927708783

https://www.facebook.com/notes/up-baguio-outcrop/no-backing-down-a-statement-for-jesusa-paquibot-current-outcrop-editor-in-chief-/255314551204654

https://cegpcordillera.wordpress.com/2012/02/01/loquitor-statement-regarding-the-libel-case-against-outcrop/

https://cegpcordillera.wordpress.com/2012/02/06/support-statement-for-jesusa-paquibot/

 

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