Blogger Faces Libel Over Relief Goods Post

Posted on January 22nd, 2010. Written by Rico.

The blogger who accused the DSWD of letting relief goods rot in a warehouse has been charged with libel.

According to inquirer.net: “In a referral letter to the Quezon City prosecutors office, the National Bureau of Investigation [NBI] filed the libel complaint against the blogger upon the request of then Social Welfare Secretary Esperanza Cabral, the new health secretary.” The blogger, who called herself “Ella Rose”, was subpoenaed by the NBI for a polygraph test and to make an official statement, but she never showed. Further investigation also uncovered multiple aliases used by the blogger: “Jade Ceres Dolor,” “Jade Ceres Violet Dolor,” and “Ella Rose delos Santos.”

Personally, I now find the accusations of “Ella Rose” less credible. If the NBI is to be believed, she never took steps to back up her statements, including requesting “an investigation from the Office of the Ombudsman or any law enforcement agency.” Whether or not “Ella Rose” fights the charges off or not, remember bloggers, be prepared to back up what you say, and to apologize if you’re wrong!

This entry was posted on Friday, January 22nd, 2010 at 11:19 am and is filed under News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site. You can leave a response, or trackback from your own site.

Rico

Rico Mossesgeld is the founding editor of Technograph. Learn more about him at rico.mossesgeld.com/about.

Zeke

A thief dispise another thief …
Franz

Blogger will be surely acquitted because he/she acted without malice. Without malice since she thought that it would be the best interest of the people to know that goods are stuck in DSWD warehouses.
http://pmptoday.com BrianB

Difficult to see how they can prove malice. Hopefully, it will be dismissed immediately.

Don’t know why the NBI keeps using the polygraph. Enough literature has been written about its unreliability.

http://en.wikipedia.org/wiki/Polygraph

I’ve watched so many US TV shows pointing this out, usually in the courtroom drama category.
http://pmptoday.com BrianB

Also if you listen to AM you will be appalled by how disproportionate this lawsuit is to the general picture of libel and slander in our culture. Youalso have to take into account that the complainant was officially an alter ego of the president.

Journalism, traditionally, had its fair share of writers using aliases. So many in fact in our country started that way.

Journalistic sources are also hidden behind the veil of anonymity. All we have is the journalists word that there is a source and the facts given are verifiable. As far as I’m concerned Ellen Ganda’s photos and accusations were verifiable. They simply didn’t stand up to their original premise.

Conclusion:

We don’t have to reinvent the wheel when suing bloggers.
onetake

In the interest of fairness, here are some links you may wanna factor in:

http://jlp-law.com/blog/libel-e-internet-libel/
In Philippine jurisdiction, the truth is not always a defense. While something is true, if the purpose is to besmirch, then liability still exists. To be liable for libel, the following elements must be shown to exist:

(1) the allegation of a discreditable act or condition concerning another;

Here are some photo captions in Ella’s blog:

- Marami pang pabubulukin

- Sige, ideretso ‘nyo ulit ‘yan sa DSWD warehouse. Para AMAG naman ang abutin ng biskwit… at sapot ng gagamba.

- Do you mean “do not delay ang dati nang delayed”

- Sabay tatahiin na ang sako. O di ba, parang asong tinapunan ng buto ang mga nasalanta?

- Relief goods na ayaw yata ibigay sa mga nasalanta. Halatang-halata.

Her Conclusion:
Susulpot din siguro ang laman ng mga mahiwagang kahon at mapapasakamay din ng mga tao…sa ARAW NG ELEKSYON.

(2) publication of the charge;
http://www.ellaganda.com/?p=1759

(3) identity of the person defamed; and
http://www.ellaganda.com/?p=1759

(4) existence of malice.

Legal malice is a term that refers to one party’s intention to do injury to another. Malice can either be expressed or implied.

- Expressed malice occurs when the party gives outward notice that they intend to commit a crime or some other wrong towards another.

Nagpalabas ng directive ang pangulo. Individuals, private companies and other nations were ENCOURAGED to send their donations to DSWD. I blogged about it here (blog entry not found ).

This PGMA directive sounded suspicious to me then. Now I know why.

Here’s the story.

A group of eight people, your ate Ella included, went to one of DSWD warehouses to help in repacking relief goods. We know they need volunteers pero hindi namin akalaing WALANG TAO TALAGA SA LOOB NG WAREHOUSE!

***Ella suspected PGMA’s directive. She went to volunteer and took photos expressly violating the instruction not to do so. She displayed these on her blog with the captions earlier mentioned.

- Implied malice occurs when one party causes death or injury to another during the course of unlawful or disreputable actions.
Pinagbawalan kaming kumuha ng pictures sa loob ng warehouse. I wonder why. (She took photos.)
onetake

Malice generally involves the intentional infliction of physical, mental, psychological, or financial damage to another party.

Now how do you determine intention?

1. Do you base it on the blogger’s action in response to her suspicion?

This PGMA directive sounded suspicious to me then.
***So she volunteered then took photos inside the warehouse.

2. Do you base it on the accused and the accuser’s history and connections, if any?

You said: Cabral, an alter-ego of President Arroyo

If there’s an allusion to motive because of political connection then you may be interested to check this link:
http://www.bulatlat.com/news/6-32/6-32-libel.htm
for this info:

42 Journalists Face Libel Raps from Arroyo’s Husband
Bandera (six counts, Tulfo’s column “On Target” inilabas noong Jan. 26, May 23 at 27, June 6,8 at 17)

27. Eileen Mangubat (publisher)
28. Beting Laygo Dolor (editor-in-chief)
29. Jimmy Alcantara (associate editor)
30. Raymond Rivera (circulation manager)

The Beting Laygo Dolor :

Of Philippine News Online:
http://philippinenews.com/article.php?id=5380

who started PCIJ (Philippine Center for Investigative Journalism ) alongside Sheila Coronel, Malou Mangahas, Lorna Kalaw-Tirol, Howie Severino and David Celdran.
http://preciousanne.blogspot.com/

Editor- of:
1. Bandera
2. Prime Asia and Pinoy Global Access
http://www.upjournalismclub.org/gallery/photos/suit-of-cards-a-forum-on-libel/
3. Playboy Philippines
http://www.bworldonline.com/Weekender072508/main.php?id=focus1
4. Business World
http://www.grabeh.com/forum/index.php

CONTRIBUTING EDITOR of:
http://www.filglobe.com/files/augpage22forum.pdf

Same Beting Laygo Dolor who released this:
http://philippinenews.com/article.php?id=5380
Donated goods sitting in DSWD warehouse
Published, October 23, 2009

… after Ella released this:
http://www.ellaganda.com/?p=1759
Aanhin pa ang damo kung patay na ang kabayo? (A special report from a volunteer)
Published, Oct 21st, 2009

Same Beting Laygo Dolor who co-wrote the articles appearing here:
http://pinoybsn.blogspot.com/2006/10/arroyo-to-nurses-retake-board-test.html
http://bolanon.com/forums_topic_view.aspx?page=1&tid=3363&fid=2929&=desc

…with the girl whose name appears here:

http://services.inquirer.net/mobile/10/01/22/html_output/xmlhtml/20100121-248693-xml.html

…and whose identity is confirmed here:

http://forums.seo.ph/showthread.php?t=10191

Re: DSWD vs Jade? - 01-22-2010, 11:36 AM
Quote:
Originally Posted by kickmoko
teka maihabol ko lang..member din ba dito si jade?
Yes. Si vlette

3. Do you base it on the snowballing imputations the blog entry has spawned?

a. Like the blog entries of her fellow bloggers like: http://gurlalien.blogspot.com/2010/01/para-kay-ella.html

Wow… di maka get over? bakit kaya? well… ang sabi niya, hindi daw dapat palampasin ang mga ganitong ‘paninira’ sa gobyerno. huh? pero bakit? Alam mo madam, kung di ka talaga guilty, dapat madali kang makaka move-on. eh bakit parang hanggang ngayon eh hurt na hurt ka pa din sa mga nabasa mong blog post? dahil ba the truth hurts? at kahit pa na hindi na ikaw ang mei hawak ng DSWD eh nag file ka pa din ng kaso?

yung mga againsta kay ella, obvious na obvious na related sa DSWD. kung makapag post eh damang dama nila every word.

Whose alias appears here:
http://forums.seo.ph/showthread.php?s=81b8794c5836bf5d9aae7608177a1b3f&t=5216

b. Or the published articles of media men like:
Ramon Tulfo
Whose article: It pays to be honest
http://services.inquirer.net/mobile/10/02/01/html_output/xmlhtml/20100130-250222-xml.html
states:

FORMER SOCIAL WELFARE and now Health Secretary Esperanza Cabral is reportedly using her office to harass a blogger…

The same group also allegedly went to the Parañnaque residence of the Dolor family, as Cabral was reportedly convinced that Ella was a member of that family.

Same Tulfo who curiously appeared here:

42 Journalists kinasuhan ng Libelo

Bandera (six counts, Tulfo’s column “On Target” inilabas noong Jan. 26, May 23 at 27, June 6,8 at 17)
27. Eileen Mangubat (publisher)
28. Beting Laygo Dolor (editor-in-chief)
29. Jimmy Alcantara (associate editor)
30. Raymond Rivera (circulation manager)

http://zumel.com/index.php?option=com_content&task=view&id=14&Itemid=2

As confirmed from this column:
http://tulfo.net/column1.htm
onetake

Malice generally involves the intentional infliction of physical, mental, psychological, or financial damage to another party.

Now how do you determine intention?

1. Do you base it on the blogger’s action in response to her suspicion?

This PGMA directive sounded suspicious to me then.
***So she volunteered then took photos inside the warehouse.

2. Do you base it on the accused and the accuser’s history and connections, if any?

There are claims that:

FORMER SOCIAL WELFARE and now Health Secretary Esperanza Cabral is reportedly using her office to harass a blogger who exposed
the allegedly rotting relief goods at the warehouse of the Department of Social Welfare and Development (DSWD).

Ramon Tulfo
http://services.inquirer.net/mobile/10/02/01/html_output/xmlhtml/20100130-250222-xml.html

And that:

Cabral, an alter-ego of President Arroyo, should not use her powers to intimidate Ella Ganda
http://tonyocruz.com/?p=2773

If there’s an allusion to motive because of political connection then you may be interested to check this link:
http://www.bulatlat.com/news/6-32/6-32-libel.htm
for this info:

42 Journalists Face Libel Raps from Arroyo’s Husband
Bandera (six counts, Tulfo’s column “On Target” inilabas noong Jan. 26, May 23 at 27, June 6,8 at 17)

27. Eileen Mangubat (publisher)
28. Beting Laygo Dolor (editor-in-chief)
29. Jimmy Alcantara (associate editor)
30. Raymond Rivera (circulation manager)

The Beting Laygo Dolor :

Of Philippine News Online:
http://philippinenews.com/article.php?id=5380

who started PCIJ (Philippine Center for Investigative Journalism ) alongside Sheila Coronel, Malou Mangahas, Lorna Kalaw-Tirol, Howie Severino and David Celdran.
http://preciousanne.blogspot.com/

Editor- of:
1. Bandera
2. Prime Asia and Pinoy Global Access
http://www.upjournalismclub.org/gallery/photos/suit-of-cards-a-forum-on-libel/
3. Playboy Philippines
http://www.bworldonline.com/Weekender072508/main.php?id=focus1
4. Business World
http://www.grabeh.com/forum/index.php

CONTRIBUTING EDITOR of:
http://www.filglobe.com/files/augpage22forum.pdf

Same Beting Laygo Dolor who released this:
http://philippinenews.com/article.php?id=5380
Donated goods sitting in DSWD warehouse
Published, October 23, 2009

… after Ella released this:
http://www.ellaganda.com/?p=1759
Aanhin pa ang damo kung patay na ang kabayo? (A special report from a volunteer)
Published, Oct 21st, 2009

Same Beting Laygo Dolor who co-wrote the articles appearing here:
http://pinoybsn.blogspot.com/2006/10/arroyo-to-nurses-retake-board-test.html
http://bolanon.com/forums_topic_view.aspx?page=1&tid=3363&fid=2929&=desc

…with the girl whose name appears here:

http://services.inquirer.net/mobile/10/01/22/html_output/xmlhtml/20100121-248693-xml.html

…and whose identity is confirmed here:

http://forums.seo.ph/showthread.php?t=10191

Re: DSWD vs Jade? - 01-22-2010, 11:36 AM
Quote:
Originally Posted by kickmoko
teka maihabol ko lang..member din ba dito si jade?
Yes. Si vlette

3. Do you base it on the snowballing imputations the blog entry has spawned?

a. Like the blog entries of her fellow bloggers like: http://gurlalien.blogspot.com/2010/01/para-kay-ella.html

Wow… di maka get over? bakit kaya? well… ang sabi niya, hindi daw dapat palampasin ang mga ganitong ‘paninira’ sa gobyerno. huh? pero bakit? Alam mo madam, kung di ka talaga guilty, dapat madali kang makaka move-on. eh bakit parang hanggang ngayon eh hurt na hurt ka pa din sa mga nabasa mong blog post? dahil ba the truth hurts? at kahit pa na hindi na ikaw ang mei hawak ng DSWD eh nag file ka pa din ng kaso?

yung mga againsta kay ella, obvious na obvious na related sa DSWD. kung makapag post eh damang dama nila every word.

Whose alias appears here:
http://forums.seo.ph/showthread.php?s=81b8794c5836bf5d9aae7608177a1b3f&t=5216

b. Or the published articles of media men like:
Ramon Tulfo
Whose article: It pays to be honest
http://services.inquirer.net/mobile/10/02/01/html_output/xmlhtml/20100130-250222-xml.html
states:

FORMER SOCIAL WELFARE and now Health Secretary Esperanza Cabral is reportedly using her office to harass a blogger…

The same group also allegedly went to the Parañnaque residence of the Dolor family, as Cabral was reportedly convinced that Ella was a member of that family.

Same Tulfo who happens to appear here:

42 Journalists kinasuhan ng Libelo

Bandera (six counts, Tulfo’s column “On Target” inilabas noong Jan. 26, May 23 at 27, June 6,8 at 17)
27. Eileen Mangubat (publisher)
28. Beting Laygo Dolor (editor-in-chief)
29. Jimmy Alcantara (associate editor)
30. Raymond Rivera (circulation manager)

http://zumel.com/index.php?option=com_content&task=view&id=14&Itemid=2

As confirmed from this column:
http://tulfo.net/column1.htm