For now that famous movie line by Ate Shawie will just have to remain part of cinema lore.
She was not able to crush the tabloid editors against whom she filed a libel case.
The Supreme Court junked her case against the tabloid editors on a procedural defect. (With her millions, she shoud've gotten a better lawyer.)
The case stemmed from at least two articles written by a tabloid writer in at least two rags . As is the case in a libel suit, the editor (s) were also impleaded. The purportedly libelous articles read thus:
MAGTIGIL KA, SHARON!
Sharon Cuneta, the mega-taba singer-actress, I’d like to believe, is really brain-dead. Mukhang totoo yata yung sinasabi ng kaibigan ni Pettizou Tayag na ganyan siya. Hayan at buong ingat na sinulat namin yung interview sa kaibigan ng may-ari ng Central Institute of Technology at ni isang side comment ay wala kaming ginawa and all throughout the article, we’ve maintained our objectivity, pero sa interview sa aparadoric singer actress in connection with an album launching, ay buong ningning na sinabi nitong she’s supposedly looking into the item that we’ve written and most probably would take some legal action.
x x x
Magsalita ka, Missed Cuneta, at sabihin mong hindi ito totoo. Ang hindi lang namin nagustuhan ay ang pagbintangan kaming palagi naman daw namin siyang sinisiraan, kaya hindi lang daw niya kami pinapansin, believing na part raw siguro yun ng aming trabaho. Dios mio perdon, what she gets to see are those purportedly biting commentaries about her katabaan and kaplastikan but she has simply refused to acknowledge the good reviews we’ve done on her.
x x x
Going back to this seemingly disoriented actress who’s desperately trying to sing even if she truly can’t, itanggi mo na hindi mo kilala si Pettizou Tayag gayung nagkasama raw kayo ng tatlong araw sa mother's house ng mga Aboitiz sa Cebu more than a month ago, in connection with one of those political campaigns of your husband.
NABURYONG SA KAPLASTIKAN NI SHARON ANG MILYONARY[A]NG SUPPORTER NI KIKO!
FREAKOUT pala kay Sharon Cuneta ang isa sa mga loyal supporters ni Kiko Pangilinan na si PettizouTayag, a multi-millionaire who owns Central Institute of Technology College in Sampaloc, Manila (it is also one of the biggest schools in Paniqui, Tarlac).
x x x
Which in a way, she did. Bagama't busy siya (she was having a meeting with some business associates), she went out of her way to give Sharon security. So, ang ginawa daw ni Ms. Tayag ay tinext nito si Sha[ron] para mabigyan ito ng instructions para kumportable itong makarating sa Bulacan. She was most caring and solicitous, pero tipong naoffend daw ang megastar at nagtext pang “You don’t need to produce an emergency SOS for me, I’ll be fine.”
Now, nang makara[t]ing na raw sa Bulacan si Mega nagtatarang daw ito at binadmouth si Pettizou. Kesyo ang kulit-kulit daw nito, atribida, mapapel at kung anu-ano pang mga derogatory words na nakarating siyempre sa kinauukulan. Anyhow, if it’s true that Ms. Pettizou has been most financially supportive of Kiko, how come Sharon seems not to approve of her?
“She doesn’t want kasi her husband to win as a senator because when that happens, mawawalan siya ng hold sa kanya,” our caller opines.
Pettizou is really sad that Sharon is treating her husband like a wimp.
“In public,” our source goes on tartly, “pa kiss-kiss siya. Pa-embrace-embrace pero kung silang dalawa [na] lang parang kung sinong sampid kung i-treat niya si Kiko.”
My God Pete, Harvard graduate si Kiko. He’s really intelligent as compared to Sharon who appears to be brain dead most of the time. Yung text message niyang “You don’t need to produce an emergency SOS for me,” hindi ba’t she was being redundant?
Another thing, I guess it’s high time that she goes on a diet [again]. Jesus, she looks 6’11 crosswise!
x x x
Kunsabagay, she was only being most consistent. Yang si Sharon daw ay talagang mega-brat, mega-sungit. But who does she think she is? Her wealth, dear, would pale in comparison with the Tayag’s millions. Kunsabagay, she’s brain dead most of the time.
Here are the pertinent provisions of the Revised Penal Code (RPC) on libel:
Art.
353. Definition
of libel. — A libel is public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or any act, omission,
condition,
status, or circumstance tending to cause the dishonor, discredit, or
contempt
of a natural or juridical person, or to blacken the memory of one who
is
dead.
X X X
Art. 355. Libel
means by writings or similar means. — A libel committed by means
of
writing, printing, lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or any similar
means,
shall be punished by prision correccional in its minimum and medium
periods
or a fine ranging from 200 to 6,000 pesos, or both, in addition to the
civil action which may be brought by the offended party.
Art.
360. Persons
responsible. — Any person who shall publish, exhibit, or cause the
publication or exhibition of any defamation in writing or by similar
means,
shall be responsible for the same.
The author or
editor of a book or pamphlet, or the editor or business manager of a
daily
newspaper, magazine or serial publication, shall be responsible for the
defamations contained therein to the same extent as if he were the
author
thereof.
The legal side of this saga can be summarized as follows: Ms. Cuneta filed a libel case against the writer and editors of the tabloid. The respondents (writer and editors) filed a Demurrer to Evidence, that is, insufficiency of evidence by the plaintiff (Ms. Cuneta) against them. The Regional Trial Court (RTC) Mandaluyong dismissed the case. The CA (Court of Appeals) reversed the RTC decision and remanded the case for reception of evidence. The Mega (Ms. Cuneta) filed a certiorari with the Supreme Court (SC). The Supreme ruled in favor of the respondents (writer and editors) on the ground of procedural infirmity: In respect to appeal in criminal cases, the OSG (Office of the Solicitor General) is vested with that function, and not the plaintiff herein (Ms. Cuneta). It was Ms. Cuneta who filed a certiorari with the SC questioning the decision of the RTC. It was a procedural infirmity according to the SC as, in appeals of decisions in criminal cases, it is the OSG which has that function.
The Supreme Court here in essence reinstated dismissal of libel cases due to procedural defect.
And since the basis of the writer and editors' motion for dismissal in the RTC which was granted was a demurrer to evidence (insufficiency of evidence), the dismissal of the case was tantamount to acquittal for which the proscription on double jeopardy applies.
In this case, the writer and editors are actually who got away mouthing Ate Shawie's quotable movie line: "Babangon ako't dudurugin kita!"
Bautista and Alcantara v. Sharon Cuneta-Pangilinan
www.interaksyon.com/sc-reverses-ca-decision-junks-sharon-cunetas-libel-case-vs-tabloid-editors
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Based on the immensely popular book by Mitch Albom, The Five People You Meet in Heaven,
we would like to present a guide to those who are taking the Bar this
Summer (or who want to re-live the Bar experience) to the folks you are
already meeting and how to best deal with them:
