Ilonggo Couple Files TRO vs 6 National Media Outfits
By Alex P. Vidal
-Articles posted in the websites of the media outfits
made "malicious" and "untrue imputations" on the couple.
A couple from Molo, Iloilo City has filed a civil case for permanent injunction with prayer for the issuance of a temporary restraining order (TRO) and/or preliminary mandatory injunction against six media outfits composed of five Manila newspapers and the Philippine Center for Investigative Journalism (PCIJ) before the regional trial court in Quezon City last March 29.
Jonathan M. Tiongco and wife Ma. Rona V. Tiongco, who now both reside in Don Jose Heights, Fairview, Quezon City, filed the case with a prayer to restrain the six—The Daily Tribune, The Malaya, The Manila Times, Inquirer Interactive, and the PCIJ— from further broadcasting on the internet or publishing certain "assailed" articles that made "malicious" and "untrue imputations" on the couple.
In their "urgent motion", Tiongco husband and wife claimed that the media outfits published and broadcast (by ABS-CBN TV Patrol) the "defamatory" charges made against Jonathan, who is a digital audio engineer, by Senior State Prosecutor Emmanuel Velasco and Prosecutor Diosdado Solidum "without even getting the side of the slandered petitioner."
Velasco, the couple said, slandered Jonathan by announcing in open court during a hearing at the Makati City RTC Branch 150 on the case of former Batangas governor Antonio Leviste for murder that Jonathan was trying to bribe him so he may go soft on Liveste.
UNVERIFIED TEXT MESSAGE
"Ironically, the only basis Prosecutor Velasco has, was an unverified text message and the allegations of his co-prosecutor who alleged that a person he did not know approached him the day before and offered to give P50,000 to go soft on Leviste," said the urgent motion.
"On record, despite the serious allegations, no complaint was filed against the so-called bribe giver (herein petitioner) at that time."
The couple also demanded that the "illegal wiretapped recordings and transcripts of the "Hello Garci" tapes be surrendered by the PCIJ to the Honorable Court for debate and scientific authentication."
The Tiongcos asked the court that after the trial, the injunction be made permanent and judgment be rendered in their favor ordering the respondents to pay them damages in the amount of P1 (with reservation to demand for compensation) and ordering the respondents to pay the costs incurred in attorney’s fees and costs of suit.
Tiongco, 37, who is also record producer since 1991, has been helping the government determine the authenticity of the "Hello Garci" recordings since July 2005. He complained that he and his family "have been habitually maligned and ridiculed by partisan members of the media who rabidly criticized the Arroyo Administration."
DIRECT INJURY
Tiongco, in his capacity as digital audio engineer, assisted the government through then DENR Secretary Michael Defensor in examining the authenticity of the infamous tapes on August 12, 2005.
Two specimens of the recordings containing the President’s purported recordings taken from the PCIJ website were sent to renowned audio forensic expert Barry Dickey of Audio Evidence Lab in Texas, USA.
Dickey’s findings found the "Hello Garci" recordings anomalous and were presented by Defensor to media. However, Tiongco said, majority of the media, especially those from the PCIJ were displeased with the findings.
On the same day, Tiongco added, or almost immediately after Defensor’s presentation, the PCIJ posted a libelous article on its website entitled"Mike Defensor’s Expert".
The article stemmed from the comment of Teresita Ang See (who had no role in the Garci tape issue), and a "falsified" paper which the PCIJ called the "PNP Dossier."
"Revoltingly, the libelous article aimed in discrediting the Petitioner Jonathan Tiongco by making it appear that he was falsely facing a string of criminal cases, which had no relation whatsoever in his capacity as audio engineer," said the motion.
"Moreover, attacks to petitioner’s personal and private life were also published after the PCIJ wrote that he had two spouses, which prompted petitioners to sue the PCIJ in 2005."
Tiongco said after the filing of a civil case in Quezon City, a 20 day TRO was issued by Judge Ralph Lee of the Quezon City RTC Branch 83.
"However, since I was due to travel abroad for a series of technical trainings at the time, we withdrew the complaint, the TRO eventually expired, and the court had to dismiss the civil action," Tiongco added.
He said: "Despite the incident, which included preliminary presentation of evidence to prove the information false, the PCIJ arrogantly posted the libelous article again."
Tiongco said he had no choice but "to bear the public humiliation as a result of the re-posting."
"To our minds at that time, the libels had already greatly affected our income so we opted to concentrate on our family’s survival. For short, we played blind and just presumed that all these defamations would eventually fade away, but we were wrong. Thus, this petition," he said in the motion. /MP
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