Newsbreak editors rejected the First Gentleman’s motion to withdraw the libel case he filed against them saying that forgiveness is not the ground for the dismissal of the case.

In a comment filed with the Manila Regional Trial Court (Branch 6), the respondents—Marites Dañguilan Vitug, Glenda M. Gloria, Ricky Carandang, R.E. Otico, Jose Dalisay Jr. and Booma Cruz—said that “it would be most unseemly for the complainant to now simply cause the dismissal of the case on the ground that he had lost interest to prosecute and, adding insult to injury, on the ground that he has chosen to forgive those who have caused him pain.”

The respondents maintain that they have not committed libel. The First Gentleman, Miguel “Mike” Arroyo, sued the Newsbreak editors in 2004 over an article on his real estate properties in the US. (Read: Newsbreak, Arroyo Prepare for Court Battle)

The respondents argued that the filing of the libel case (one of several filed by the First Gentleman) had “brought to the fore questions which have wide ranging effects on the freedom of the press…and even the definition of libel as it applies to the Philippine setting….It has caused fear in the hearts of many journalists.”

“To allow the indiscriminate filing of such cases, followed by unilateral withdrawals at the whim of the complainant, would be to allow the courts to be used as a tool of the powerful to intimidate journalists, resulting in an unhealthy democracy with a compromised freedom of speech and free press,” they added. (Read: Dear Reader: On Mike Arroyo and Libel)

The Newsbreak editors were threatened with arrest and detention and had to post bail.

But after Mr. Arroyo’s recovery from a heart attack in April, he decided to withdraw the libel cases he had filed against Newsbreak and all other publications or a total of 46 journalists. Mr. Arroyo holds the record of suing the most number of journalists. (Read: Journalists Undaunted by Arroyo’s Suits)

In a motion to dismiss the libel case against Newsbreak (May 30, 2007), he argued: “Because I have been generously given a second lease on life, I have decided to forgive everyone who has caused me pain. Because of this, I am no longer interested in pursuing the case.”

In a hearing this morning, the fiscal, Manuel Sta. Cruz Jr. moved to dismiss the case on the ground that he cannot prove libel if the First Gentleman does not testify. Judge Jansen Rodriquez is expected to rule soon.

“In view of the fiscal’s admission that he will be unable to prove the offense of libel, then dismissal of the case by the court is expected,” said Newsbreak lawyer Fulgencio Factoran Jr. “This information should not have been filed in the first place. But with the First Gentleman as the complainant, one could not fault the fiscal’s office too much.”

Should the judge dismiss the case, it will be based on lack of evidence and not on Mr. Arroyo’s forgiveness.

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