Journalists from all over the world will be watching a particular libel case in Iloilo City which could serve as a test case in the move to decriminalize libel in the Philippines.

Lawyer Harry Roque, chairman of the Center for International Law and the Philippine representative to the Southeast Asia Media Legal Defense Initiative, said press freedom advocates all over the world will be monitoring the progress of the case filed by Iloilo City Mayor Jed Patrick Mabilog against The News Today because the case will be the first that will be using a landmark United Nations "view" against criminal libel as a defense.

"This is going to be a test case and The News Today's columnist and editor-in-chief will be -- sorry for the term -- our guinea pigs here. We have a live case here which could serve as a perfect opportunity to use the UN's view that libel should not be criminal and that journalists should never be jailed," he said.

Roque told a media forum at the Hotel Del Rio last Friday that the UN's Human Rights Committee, in a view adopted during the 103rd session of UN, that the Philippines' Revised Penal Code which penalizes libel as a criminal offense is "incompatible with Article 3, Paragraph 3 of the International Covenant on Civil Political Rights."

According to Roque, the UN Human Rights Committee is a treaty monitoring body created by the Optional Protocol of the International Covenant on Civil and Political Rights. It has power to declare that a State party to the Convention is in breach of its obligations as provided in the Covenant.

The UN's view specifically cited the case of Davao-based broadcaster Alexander Adonis who was jailed for more than two years after being convicted for libel. The libel charges were filed by former Speaker Prospero Nograles whom Adonis identified as the "burlesque king" seen running naked in a hotel after being caught in bed by the husband of the woman with whom he was said to have spent the night with.

Adonis served two years in prison, but through Roque, his lawyer, he questioned the compatibility of libel with freedom of expression. He argued that imprisonment is unnecessary since there are other effective means available for protection for the rights of others. He also argued that it was not a reasonable restriction because it does not admit proof of truth as a complete defense but only allows it under very restricted conditions.

In ruling in favor of Adonis, the UN body ruled that Philippine criminal libel law was inconsistent with freedom of expression, the Committee recalled its General Comment No. 34 which says that "defamations laws should not stifle freedom of expression... and that penal defamation laws should include the defense of truth." The UN body also said that in comments about public figures, consideration should be given to avoid penalties or otherwise render unlawful untrue statements that have been published in error but without malice. "In any event, a public interest in the subject matter of the criticism should be recognized as a defense. State parties should consider the decriminalization of libel," the UN body said.

"The Committee's view is a very big win for freedom of expression. It's a step towards the right direction where no person should be held criminally responsible for the exercise of a cherished freedom. Hopefully, President Noynoy Aquino's administration will comply with the Committee's view and proceed to decriminalize libel and to provide reparations to Adonis for time he spent in prison. No one should be imprisoned for expressing his or her views," Roque said.

The lawyer added the Philippines is one of the very few countries that still consider libel as a criminal offense. And he urged Ilonggo journalists to support The News Today in pushing for the decriminalization of libel.

DRILON'S VIEW

Ilonggo Sen. Franklin Drilon was also at the Hotel Del Rio the day Roque spoke. Meeting the lawyer at the hotel's lobby, Drilon expressed full support to moves to decriminalize libel. He said that in the five years he served as secretary of Justice during the time of President Corazon Aquino, he ordered prosecutors to dismiss all libel charges, except for one which he did not identify.

"I always told the prosecutors to recognize press freedom which is one of the legacies of the Cory administration," he said. "But, of course, journalists should also be responsible enough to know the boundaries of their freedom. The freedom of expression should not violate the right to privacy of other people," he said.

Roque agreed to Drilon's view. He also stressed that media should practice self-regulation and he urged Ilonggo media to do self-policing and strengthen existing media organization for the protection of its members.

On the part of the academe, Prof. Carmencita Robles, the dean of the West Visayas State University – College of Mass Communications also favored self-policing in media.

"To avoid libel cases, watch your steps," she stressed.

Robles, a former television station manager, said that self-policing must be emphasized among studnets of mass media.

Meanwhile, Rommel Ynion, president of the Iloilo Press Club also the publisher of this paper, urged journalists in Iloilo to be vigilant in fulfilling their roles.

"We believe that it is only through a free and vigilant press that we can make our officials honest and accountable, and that we are able to articulate the voices of the oppressed and underprivileged," Ynion said.

He also assured help for media practitioners in Iloilo who may be unduly accused and oppressed in the exercise of their profession.

MABILOG'S CASE

Aside from Roque, Atty. Rommel Bagares, was also in Iloilo as counsels for TNT columnist Manuel "Boy" Mejorada and editor-in-chief Junep Ocampo for the two libel complaints filed by Iloilo City Mayor Jed Patrick Mabilog.

However, the supposed arraignment for the first case last Friday was deferred since the mayor wanted to include TNT's publisher Rommel Ynion in the case. The prosecutor excluded Ynion in the charge sheet which was filed with the Regional Trial Court.

The case stemmed from Mejorada's investigative story that the Haligi Foundation owned by the mayor allegedly misused the P2 million donation by the United Parcel Services (UPS) Foundation for the training of public school teachers for English proficiency.

Armed with documents from the Securities and Exchange Commission, Mejorada exposed that the P2 million donation did not actually go to the intended purpose. He attempted to get Mabilog's side on the matter but instead of enlightening the public on the issue, the mayor filed a P100 million libel case against Mabilog and Ocampo.

He also filed a separate libel case against the two after TNT came up with a story based on an interview with the brother of murdered broadcaster Lito Jimena who accused Mabilog of masterminding the assassination.

Mabilog personally attended the arraignment last Friday but refused to give any comment. (With reports from Karen Bermejo and Junep Ocampo)