2 broadcasters guilty of libel

By Florence F. Hibionada

Cartagena

His clients may have been found guilty as charged for the offense of Libel, yet for defense lawyer, Daniel Cartagena, the Court's decision was still a "win-win" ruling. As such, there will be no appeals on the conviction with the P4,000 fine as sentenced to be heeded.

Subject of this latest Libel convictions are broadcasters Salvador "Jun" Capulot and Rex Cantong, topnotch radio personalities formerly of Radio Mindanao Network's (RMN) DYRI Radyo Agong.

Docketed as Criminal Case No. 00-52657, former Radyo Agong Station Manager Elmer Ubaldo stood as co-accused of the duo yet was acquitted of said charge. The complainant was woman doctor, Aura Marie Grijalvo, then a resident physician of the Western Visayas Medical Center (WVMC) in Mandurriao. Another former RMN associate, the late Fred Gomia Jr. was also charged by Grijalvo in another Libel case alongside Capulot yet with Gomia's demise came the dismissal of the accusations.

In a 17-page ruling, Judge Victor Gelvezon of Branch 36, 6th RTC found Capulot and Cantong guilty as charged with corresponding fine of P4,000 for said offense. An order was also handed down for the two to jointly and severally pay Grijalvo P60,000 in moral damages as the duo's civil liability.

Judge Gelvezon in coming out with the guilty verdict took note how it found all elements of Libel "duly established." The moral damages as explained, came about for placing Grijalvo "in disrepute and public contempt."

"However, to the mind of the Court said damages should be reasonably fixed at P60,000 considering that said complainant was merely hurt and could not withstand listening to what both accused were then saying and considering also that she is a public official who at times should be too onion-skinned," excerpts of Judge Gelvezon's ruling stated.

Capulot has since been known for his feisty and humorous nature of broadcast commentaries. Yet critics were also quick on saying his humor most often goes out of bounds and are offensive. Longtime associates in the local press rallied behind him though while saying the judge's ruling "hurt" yet will be looked upon as reminder. Cantong on the other hand stayed only briefly in Iloilo following his RMN stint.