qc complaint for libel

8/12/2019 QC Complaint for Libel

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2/16

REPUBLIC OF THE PHILIPPINESOFFICE OF THE CITY PROSECUTOR

QUEZON CITY

MAYNILAD WATER SERVICES,INC., as represented by its ChiefFinance Officer, Randolph T.Estrellado,

Complainant,

- versus -

I.S. No.For: Violation of Art. 355 (Libel bymeans of writings or similar means),in relation to Art.353 (DeJtnition ofLibel) and Art. 360 (Personsresponsible), of The Realsed PenalCode (Act No. 3815).ODOLFO B. JAVELLANA, IR.,

JING VILLAMENTE, DANTEFRANCIS M. ANG, RENE Q.BAS, AND BETING LAYGODOLO&

ResPondents.------x

COMPLAINT.AFFIDAVIT

I, Randolph T. Estrellado, of lega1 age, Filipino, with residence address at

Unit 14 H, Shang Grand Tower, Perea St., Legaspi Village, Makati Clty,

after beilg swom in accordance with 1aw, hereby depose and state asfollows:

1. I am the Chief Finalce O{ficer of MaJnilad Water Services, Lrc.("Mayni1ad"), a corporation duly organized and existing under the

laws of the Philippines, with principal o{{ice located at MWSSComplex, Katipunan Road, Balara, Quezon City. I am filing this

Complaint-Affidavit onbehalf of, and as the duly authorized

representative of Ma1mi1ad, as evidenced by a Secretary's Certiflcate


3/16

dated 18 lt{arch 201-4, and attached hereto as Artrex "A," ald made

an integral part hereof.

2. Al1 the herein named Respondents may be served notices, pleadings,orders, judgments, and a1l other official papers and communications

regarding the instant case at the following addresses:

2.1..

2.2.

2.3.

2.4.

1.r.

Rodolfo B. Javellana, r. - 32 Valiant Street, Fairview Park,Samaka fairr iew . Quezon Ci$;

Jing Villamente - writer of the Manila Times with address at

2/I Grande B1dg., 409 A. Soriano Ave., Intramuros, Manila;

Dante Francis M. Ang - President and Chief Executive Officerof the Manila Times with address at 2/F Grande 81d9.,409 A.

Soriano Ave., Intramuros, Manila;

Rene Q. Bas - Publisher and Editor-in-Chief of the ManilaTimes with address at 2/F Grande B1dg..40o A. Soriano Ave.,Intramuros, Manila;

Beting Laygo Dolor - Managing Editor o{ the Manila Timeswith address at 2/F Grande Bldg., 409 A. Soriano Ave.,Intramuros, Manila.

I am filing ihis complaint for violation of Art. 355 (Libel by means af

writings or similar means), in relation to Art. 353 (Definition of Libel),

and Article 360 (Persons responsible), of The Revised Penal Code("RPC") against Respondents Rodolfo B. Javellana, Jr. ("Jave11ana"),

the President of Water for A1l Refund Movement, lnc., Jing

3.


4/16

Villamente, Dante Francis M. A.& Rene Q. Bas, and Beting LaygoDo1or, (co1lective1y, the "Respondents").

4. This complaint stems from the following:

4.1. On 17 December 2013, Javellana, as author/originator of the

defamatory statement, together with Jing Villamente, as writer

of the defamatory article, Dante Francls M. A.g, as President

and CEO of Manila Times, Rene Q. Bas, as Publisher and

Editor-irr-Chief of Manila Times, and Beting Laygo Do1or, as

Managing Editor of Manila Times, without due regard fortruth, proprlety and fairness, caused the writing andpublication of a scurrilous, injurious, defamatory and libelous

article in the Manila Times, a newspaper of general circulation

in the Phllippines, with the intention of attacking aldexposing Maynilad to public ridicule, contempt and hatred, as

follows:

"SeLected Philippine journalists as uell as members of the boar

d of trustees of the Metropolitan Waterzoorks and Sewerage

System (MWSS) were flozon to Hong Kong by Maynilad and

billeted in the Four Seasons Hotel to drum up the water

concessionaire's upcoming projects and loan applications.

RJ Jar.tellana, president and spokesman of the Water for AllRefund Mottement (WAR1I), said Maynilad Chief Financial

OJficer Randy Estrellado boasted that Malacaiiang had giaen

its nod to the water concessionaire's projects because Manny

Pangilinan (MVP) contributed P300 million to the campnignkittu o then oresidential candidate Benisno Aauino 3d.


5/16

4.2.

Are those PR expenses charged to our monthly bills too? ls this

true Mr. Estrellado that after your press briefing, youpersonally intimated to an inJluential media guy na hindi

pababayaan ng Malacaiiang si MVP? Dahil sabi mo nagbigay

si MVP kay Ballsy Cruz ng P300 million campaigncontribution L,ny President Noy noong 20107 lattellana said.

He said that while in Hong Kong, Maynilad picked up the hotel

tab of MWSS Regulatory fficials and gaae them shopping

money.

Kargado lahat yan sa ating mga monthly bills. Castos lahat ito

ng mga water consumers, lar:ellana said."

A copy o{ the above quoted news article ("News Article") is

attached as Annex "B," and made ar integral part hereof.

In the News Article, the Respondents knowingly and maliciouslyascribed and fabricated fictitious acts to myself and to Maynilad,

including but not limited to the following:

That I allegedly boasted that Malacaflang had given its nod to

the water concessionaire's projects and that "hindi pababayaan

ng Malacaflang si MVP because Manny Palgilinan (MVP)

contributed P300 million to the camPaisn kitty of thenpresidential candidate Benigno Aquino 3'd through Ba11sy

Cnsz;"

That Maynilad and its officers have comrnitted the crime of

Corruption of Public Officials or is engaged in graft and corrupt

5.

5.1.

5.2.


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officials, and (ii) doling out shopping money to MWSSRegulatory officials, and that Maynilad wantonly andrecklessly foists these expenses to its customers through their

monthly water bi1ls.

5.3. The foregoing are acts that Maynilad and I, categorically and

strongly deny as brazen falsehoods.

6. I have neither boasted nor issued any statement to alyone, least of allto aly member of the press, that MVP contributed any amount toPresident Aquino's campaign kitty, hence, Malacafrang would not

forsake Ma1milad. Javellala and the other Respondents also did not

even take the time and effort to ask or verify from Maynilad the truth

or falsity of such a statement. The Respondents' statements areobviously designed to maliciously ascribe to Maynilad and itsofficers, criminal acts, behavior, or objective when the same are not

trueand are absolute falsehood.

7. As agent and concessionaire of MWSS, Maynilad has always actedwithin the scope ard bounds of the Concession Agreement that it

entered into with the MWSS (the "Concession Agreement"). The

tariff assessed and collected by Malmilad from its customers are in

compliance with the rate-setting mechanisms contailed irr theConcession Agreement. A1l the fees charged to the consumers have

been reviewed, exarnined and duly authorized by the MWSS, and are

in conformity with the terrns of the Concession Agreement. Thus, the

statements in the News Articles are clearly ald rmmistakablymlsleading, malevolent, and deceptive aspersions, designed and

engineered to bring Maynilad to disrepute and public contempt.


7/16

8.

9.

11.

10.

The enjoyment of a private reputation is as much a constitutionalright as the possession of life, liberty, or property. The 1aw recognizesthe value of such reputation ald imposes upon him who attacks it, byslanderous words or libelous publication, the liability to make fullcompensation for the damage done1.

The elements of libel are present, as can be gleaned from the facts. Acharge (o{ defamation) is sufficient if the "words are calculated toinduce the hearers to suppose and understand that the person agailstwhom they are uttered was guilty of certain offenses, or are sufficient

to impeach his honesty, virtue, or reputation, or to holdhlm up topublic ridicule"2.

It is not the intention of the writer or speaker, or the understanding of

the plaintiff or of ar.Ly hearer or reader by which the actionablequality of the words is to be determined, but the meaning of the

words in fact conveyed on the minds of persons of reasonableunderstandilg, discretion, ald candor, taking into consideration thesurrounding circumstances which were known to the hearer orreade13.

The court will disregard alry subtle or ingenious explanation offered

by the publisher on being ca1led to accolmt. The whole questionbeing the effect the publication held upon the minds of the readers,

and they not havirg been assisted by the offered explanation inreading the article, it comes too late to have the effect of removing the

sting, if any there be, from the word used in the publicationa

I Worcester v. Ocampo. (22 Phil42)


8/16

13.

12. The statement published in the newspaper that reads "Mayniladpicked up the hotel tab of MWSS Regulatory officials and gave them

shopp:ing money" constitutes an imputation of the crime ofcorruption of public officers, as punished by the Revised Penal Code.

By imputing on Maynilad and its officers the crime of coruption of

public officers, the first element of libel is satisfied, namely theexistence of a defamatory statement.

The second element of libel, that the imputation must be madepublicly, is also present because of the publication of the delamatory

statements in the Manila Times. The Manila Times ls a newspaper ofgeneral circulation in the Republic of the Philippirres. Iurthermore,

under the law, libel may be committed by meals of writing, printing,

or any sirnilar mealss

14. The third element of 1ibe1, that requires the presence of malice, is also

present. Every defamatory imputation is presumed to be malicious,even if it be true, if no good intention and justifiable motive formaking it is shown6. This is known as malice in law, which ispresumed with every defamatory imPutation, especlally when the

acts imputed are not true.

15. According to the Supreme Court, "\Vhat carnot be accepted arejourrralists making no efforts to verify the ilformation given by a

source, and using that unveri{ied lnformation to throw wildaccusations and besmirch the name of possibly an imocent Person.

Joumalists have a responsibllity to report the truth, and in doirg so

iArt. 355. Libel means by wrilings or similar means. A libel conmitted by nreans ofrriting. printing.lifiogaphy. engraving. radio, phonogaph. prinling, theatrical exhibition. cinematog.aphic exhibition. or anv similar


9/16

must at least invesfigate their stories before publication, and be ableto back up their stories with proof. Joumalists are not storytellers ornovelists who may just spin tales out of fevered imaginings, and passthem off as reality. There must be some {oundation to their reports;these reports must be warralted by facts"7.

L6. Respondents can-not excuse their criminal action on the pretext thatthe News Article was a matter of public interest. It must beemphasized that mere imputations, without proof, coming as it didfrom a shadowy source, should have alerted the journalists to furtherveri4/ the " facts" as purveyed by Javellana. Good faith is clearlylacking on the part of the other Respondents as they failed tosubstantiate or even attempt to verify Javellana's fictional storybefore pubLication. The fact that these defamatory statements areunsupported by any proof clearly reveal that these were specificallycrafted and maliciously engineered to cause damage to the goodname and reputation of Maynilad.

17. The fourth element of libel, that the offended party be identified, ispresent. Both Mayrllad and I are expressly mentioned and positivelyidentified in the article. Arry person reading the article can readilyidentifu Maynilad as the object of the libelous publication.

18. Lastly, the fifth arrd final element of libel, that the imputation musttend to cause the dishonor, discredit, or contempt of the persondefamed, is present. Dishonor has been de{ined as disgrace, shame,

or ignomjny. Discredit has been defined as loss of credit orreputation, or disesteem. Contempt has been defined as a state of

being despised.


10/16

1.9. It is clear that the statements wouldbelieve that Maynilad, through itsgovemment officials in the MWSS to

also clear that the statements suggest the inducement was through

bribes, such that Maynilad a11eged1y bribed MWSS officials by takhg

care of their hotel tab and providing them with shopping money irr

Hong Kong. Even the final statement in the article, where Javellanastates that the bribes were being passed on to consumers in theirmonthly bil1, is tartamount to an assertion that Maynilad is wittingly

and willingly de{rauding the general public and that Maynilad is inbreach oF it,. conrrdctudl obligations [o lhe Covernment.

20. The statements published in the article have a great tendency todamage Ma1,r'Li1ad's reputation in the eyes of the consuming public.

Furthermore, Maynilad is now exposed to unwarranted contempt

because of said false and malicious statements.

21,. The elements of the crime of libel being present, the law punishes thepublisher of the defamatory statement, as well as the author, editor,

and business manager of the newspaper8. The Court has ruled that

"The printer of a publication containing libelous matter ls liable for

the same by reason of his dinect corlection therewith and hiscognizance of the contents thereof. With regard to a publication ilwhich a 1ibel is printed, not only is the publisher but also all other

'ert.:60. tersons responsible. - Any person who shall publish. exlibit. or cause ti1e prblicaiion or exlibition ofany defamarion in wliting or by similar medns. shall be responsible for the same.

naturally lead the reader to

officers, induced Philippine

act favorably towards it. It is


11/16

persons who in any way participate in or have any connection withits publication are liab1e as publishers"e.

22. The Court went on to say that, "Arr editor or manager of anewspaper, who has active charge and control of its management,conduct, and policy, generally is held to be equally llable with theowrrer for the publication therein of a libelous article. On the theorythat it is the duty of the editor or manager to know and control thecontents of the paper, it is held that said person cannot evaderesponsibility by abandoning the duties to employees, so that it is

imrnaterial whether or not the editor or manager knew the contentsof the publication 10". As such, the respondents must be held liablefor the crime charged.

23. Accordingly, I have caused the preparation and the filing of thisComplaint-Affidavit to attest to the truth of the foregoing matters

and in order to institute one count of libel against all of theRespondents for violation of Art. 355 (Libel by means of roritings orsimilar means), in relation to Art. 353 (Det'inition of Libel) and Art.360(Persons responsible), of the RPC.

VERIFICATION AND CERTIFICATIONOF NON-FORUM SHOPPING

I, Randolph T. Estrellado, Filipino, o{ legal age, with residenceaddress at Unit 14 H, Shang Grand Tower, Perea St., Legaspi Village,Makati City, after having been duly sworn in accordarce with the law, dohereby depose arrd state:


12/16

3.

I am the duly authorized representative of Maynilad;

I caused the preparatlon of the foregoing Complaint for Libel, for ald

in behalf of the aforesaid corporation;

I have read the Complailt and that the facts mentioned therein are

true and correct based on my personal knowledge ald authenticrecords;

4. Ma;milad has not commenced any action or proceeding involving the

same issues in any other tribunal or agency, and that to the best of

my knowledge, no such action or proceeding is pending ilr any other

tribunal or agency. However, I have filed il my personal capacity asan aggrieved party, a libel case against the same resPondents in the

City of Makatl;

I undertake to promptly inform this Court within {ive (5) days fromlearning that a similar action or proceeding has been filed or is pending

before any other tribunal or agency.

TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-

Affidavit on 13th day of May 2014.

1.

2.

t/)RandolphIT. Estrellado

Complainant-Affiant

SUBSCRIBED AND SWORN to before me this 13th day of May 2014 at

Quezon City.

.aRlBEo AND swoRN Io belo me thls-day_20 al ou62on cily, phih.,.:;aBv CERTIFY thar I hav pBMnally eemined Prosecutot


13/16

CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THEAFFIANT AND I AM SATISFIED THAT HE VOLUNTARILY EXECUTEDAND I]NDERSTOOD HIS AI'FIDAVIT.

Prosecutor


14/16

AI\NEX'A

REPUBLIC OF THE PHILIPPJNES )I\,4AKATI CITY, IV]ETRO IUANILA )S,S,

SECRETARY'S CERTIFICATE

l, ALEX ERLITO S. FIDER, of legal age, Filiplno, and with offtce address at the Penthouse,Liberty Center, 104 H.V. Dela Costa Streel, Salcedo Village, l\.4akati City, being duly sworn inaccordance with law, hereby cerUfy thatl

'1. I am the duly appointed and incumbent Corporate Secretary of MAYNILAD WATERSERVICES, lNC. (the "Corporation"), a corporation duly organized and existing under and by virtueof the laws of the Republic of the Philippines, with principal offjce address at N,,jaynilad, GroundFloor, Engineering Building MWSS Compound, KaUpunan Road, Batara, euezon City;

2. At the duly constituted meeting of the Board of Direclors of the Corporation held on24 Febtuary 2014, during which a quorum was present and acting throughout, the followingresoluUons were passed and approved by the Board of Directors:

"RESOLVED, AS lT lS HEREBY RESOLVED, that the Board of Directors ofthe Corporation authorize, approve, and ratify as it hereby authorizes, approves, andratifies, the filing/institution of the appropriate actions, whether civil, criminal, oradministrative, against The Manila Times pubiishing Corporation, Mr. Rodolfo B.Javellana, Jr., l\,4r. Jing Villamente, I\,,1r. Dante Francis N4. Ang, N,4r. Rene e. Bas, andl\,4s. Beting Laygo Dolor, to enforce, protect or defend the rights of the Corporation,and to negotiate and settle any case or claim that the Corporation may flle or haveagainst The Manila Times Publishing Corporation, l\.4r. Rodolfo B. Javellana, Jr., 1\.4r.Jing Villamente, Mr. Dante Francis N,4. Ang, [,4r. Rene e. Bas and/or Ms. BetingLaygo Dolor, or any case or claim that any of them may file against the Corporationor its officers in connecUon therewithi

"RESOLVED, FURTHER, that the Corporation authorizes, as it herebyauthorizes, [Ir. Randolph T. Estreilado, the Corporation's Chief Finance Officer, withauthorlly to appear and represent the Corporation in any civil, criminal, oradministrative case that the Corporatior may file/institirte against, or that may ariseagainst the Corporation in relation to the claims of, The Manila Times publishingCorporation,

Mr.Rodolfo

B. Javellana, Jr., IMt. Jing Vlllamente, l\,4r Dante Francis M.Ang, Mr. Rene Q. Bas, and/or Ms. BeUng Laygo Dolor, with full power, as ample andbroad as may be necessary under Philippine Law, to do and perform on behalf of iheCorporation, any act and deed relating to the case, which the Corporation couldlegally do and perform, including any appeals or fudher legal proceedlngs, and thepower to do the followinq:

(a) Execute a verification and cedificate of nonjorum shopping inaccordance with the form required under Philippine Supreme CoudCirculars and the Rules of Coud;

(b) Enter into an amicable settlement or a submission to arbitraUon andto agree to the same, including the execution oi any compromiseagreemeat or submission to arbitration;

(Lr Subrrrt to alteraalive modes of d:s Jte resolulon includ n a referral


15/16


16/16

r...,Maynilad

11 Dec 2Al3Seclon Front Page

Lan9uage Englislr

Da ly

ITNIPIROMA]

Maynilad

mercet Inrernaiional Coun ofAlbnsiion aftr the gov{Dnenrturned down irs application to

Nlayrilad had propoPd t692billion in dpe.dnures irom 2013ro 2037 an amolnr th.1 wonlihave tanslatd 10 an inoease oi

'[n ifthe b(raiion will laslfor six io a marimum ol 12monrhs. w shonld fill he ahlero do what we need to do nnvear, bur it willbe difi&h for uslo si8n nry loans lor 2015 2016proicts brause thse are lons-term faciliries,' Es1lellado said.

Belore yeaiend oi early in201a, Marnilad will siBn a P6.

billion loan with the l)evelop.ment Bank of the PhilippincsaDd lhe Japan lnrernational Coope rar io n ,Asency (llCA) for asesclase proiec he said

"l1CA wanrs lo see how we

move forwaid we're Seiringooney ftom the World Eankalso.Theyte flaning to se lrowrh arbitralion pro.ess goes,"

Last year, the World Bank

liaynilad and irs Easl Zonecounteryalr Manila lvaler CoInc. forlhe Nlerro Manila Wsrekaler Managemenl Projecl,whi.h involvs the co nslrudionol swage kea1menr plants and

journalists

ANI\LX' D

Headlie l,1ayn lad treats IIWSS execs lournalsts to a Horg Koig t pVadiaTrrp M.l " -,rFs

treats MWSSexecs,

million campaign contriburionhal lresidrnl Noy roor8 20lo?'

He said that while in HonBKong Malmilad picld up tie ho

tel lab olMwts Rcgulalory om.ialsand gare nhem shoppinS mon+

'Kots|da ldhdt wn sa otinraga monihly bills. crsroi lalalilo ng n.ga water.onsumds,"

IIe said Eslrellado lold rponels who lrere flown 10 Hong(ongof the watr urilny's proiectswodh P18 billion ndtyearbdedon a bxsinss plan submltted tothe MWSS.

'W. ve taken apositio. rhal iltbusinss asusual untilve redonewith arbilralion," lavellaflaquotd Maynilad PrsidentVidori.o var$s as salrg

ln October, May.ilad filed anoiice of dispute before rhe In-ternational Chamber of Com.

Color Fu CoorCirculation 187,446Reade6h p 187,446Ar-trcles ze 226 c.rllAdvalle PHP 43,395PR Value PHP 130,185

Maynilad treats MWSS exers,journalists to a Honq Xong tripsilrcllD Phi ltpnrr orRtrlr \ \.ri

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qc complaint for libel

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