ILOILO City – A trial court in Jordan, Guimaras, has dismissed a P3-million damage suit against Panay News, Inc. executives, citing a lack of merit.
In a 28-page decision, Judge Rosario Abigail Dris-Villanueva of the Regional Trial Court Branch 65 ruled that the plaintiff failed to prove that the reports and commentaries about him were published with malice.
The case stemmed from news reports in 2010 about allegations of substandard public works projects involving Jose Tico Jr.’s firm, JET Construction Supply.
Tico claimed the articles tarnished his reputation and caused emotional distress, prompting him to seek P3 million in moral damages.
The suit was filed against lawyer Abdiel Dan Elijah Fajardo, chairman of the Panay News Board, and the late Daniel Fajardo, the paper’s founder and former editor-in-chief. But the court concluded that the evidence presented did not support the plaintiff’s claims of malicious intent in the publication of the reports.
“Based on the evidence presented, the court finds that the plaintiff failed to establish that the subject reports and commentaries pertaining to him were published with malice,” Dris-Villanueva’s decision stated.
The case originated from a complaint filed by businessman Jose Tico Jr., the former sole proprietor of JET Construction Supply, against Panay News, Inc.
The complaint stemmed from a news report which highlighted allegations of substandard projects in Jordan, Guimaras in 2010.
Tico contended that the news articles tarnished his reputation, as they suggested his firm was involved in anomalous government projects.
In his complaint, he sought P3 million in moral damages for the mental and emotional distress caused to him and his family by the report.
Panay News argued that the articles in question were privileged communication and protected by the constitutional guarantees of freedom of speech and of the press.
Atty. Abdiel Dan Elijah Fajardo, the chairman of the Board, and the late Daniel Fajardo, the paper’s founder, also contended that they had separate legal identities from Panay News, Inc., making the complaint against them unfounded.
The defense further asserted that the reports were on matters of public interest and that any inaccuracies or errors in the articles did not establish malice.
Citing the lack of evidence proving malicious intent, they sought the dismissal of the case and filed a counterclaim for moral damages, exemplary damages, attorney’s fees, and litigation costs.
The case took a turn in 2018 when Daniel Fajardo passed away. His lawyer, Eduardo Cesar Gaanan, filed a notice of death with the court, formally notifying them of his client’s passing during the pendency of the case.
In her decision, Judge Abigail Dris-Villanueva ruled that Tico Jr. was a public figure because of his role as a contractor for numerous public works projects funded by the national and local governments.
She emphasized that under Philippine law, public figures are subject to a higher standard for libel cases, requiring proof of actual malice.
This means it must be shown that the defendant either knowingly published false statements or acted with reckless disregard for the truth.
The judge also found that Tico failed to present evidence demonstrating that Panay News had knowledge of any falsehoods in their reports or doubted their accuracy. Furthermore, the judge highlighted that the issues discussed in the articles were of public interest, particularly for the residents of Guimaras, and that fair commentaries on such matters are protected as privileged communication.
Consequently, the court dismissed the P3-million damage suit against Panay News and its officers.
The counterclaim filed by the defendants for damages, attorney’s fees, and litigation costs was also denied due to a lack of evidence. /PN
