A Regional Trial Court Judge in Negros Oriental has found a radio commentator and blocktimer guilty of libel, and has sent him to jail for a maximum of more than two years imprisonment.
Joene Cahilog, who goes by the name of Rex “Kandos” Santos on air, was found guilty beyond reasonable doubt of the crime of libel, and was sentenced to suffer a penalty of imprisonment ranging from one year, eight months and 21 days to two years and two months.
Cahilog is running for mayor in the municipality of Bacong.
At the same time, the radio commentator was ordered Monday to pay the private complainant Florence Felice Baesa, a radio personality from a different radio station in Dumaguete, the amount of P20,000 as moral damages.
In her decision, RTC Branch 39 Presiding Judge Arlene Catherine Dato said, “It is evident that the defamatory imputation of the accused against the complainant were uttered in retaliation or [out of] vindictiveness. It cannot be denied that the accused deeply resented complainant’s act of questioning his use of an alias name, and so he proceeded to let out a barrage of insults against her on the airwaves.”
“Apparently, deep- seated feelings of anger, bitterness, and resentment motivated the accused to utter the defamatory imputations against her. However, such retaliation or vindictiveness cannot be the basis of self-defense in libel.”
“The rule, therefore, is that the defamatory statements made by the accused must be a fair answer to the libel made by the supposed-offended party, and must be related to the imputation made. The answer should not be unnecessarily libelous,” the decision further read.
Moreover, the Judge also ruled that “in view thereof, the utterances made by the accused against the complainant could be deemed to have been done with actual malice, and cannot be subsumed under the mantle of having been done with good motives, and or justifiable ends, and cannot be justified as having been resorted to in self-defense. The Accused, therefore, is criminally liable for the offense of libel.”
Judge Dato also said that “in this case, (the) private complainant no doubt has suffered wounded feelings, mental anguish, and sleepless nights due to the malicious imputations of the accused against her. Hence, an award of moral damages in the amount of P20,000 is just and proper under the circumstances.”
In an interview, complainant Baesa said she is happy that “after a long wait, I can say justice is served. I’ve been attacked for how many years in the airlanes starting in 2012, by accusing me as a liar, (calling me) stupid, and even my personal appearance had been a subject of ridicule by Rex “Kandos” Santos”.
Baesa enjoined other blocktimers and radio commentators to attack the content of the news, if they do not like the news, but not to attack the messenger.
For his part, “Kandos” said he is definitely not happy with the decision of the court, and is requesting the Presiding Judge that he be allowed to post bail while his lawyers are preparing to bring his matter to the Court of Appeals.
However, during the pendency of the request for bail, “Kandos” will remain in jail and that under the procedure, it is discretionary on the part of the Presiding Judge to grant him bail as it is no longer a matter of rights for the accused, since the decision has been rendered.
According to a lawyer, if the request for bail is denied, “Kandos” can directly file the petition for bail before the Court of Appeals while he is held in prison.
In an interview, “Kandos” admitted that what is happening to him now is part of the risks of being a radio commentator and a blocktimer. He added he will stand by his words and principles.
According to Kandos, even if he were to ask for forgiveness from radio broadcaster Baesa, it will not matter anymore because the decision has been rendered. He said Baesa even followed him to the City Jail to make sure he is placed behind bars, while he was being booked in the Bureau of Jail Management & Penology office.
However, he said he is still hoping against hope that complainant Baesa will forego the remaining six libel cases filed against him.
Kandos explained it is simply his normal expression and “style” when he utters the words tonto and gago on air. (PNA)
