By Perfecto T. Raymundo, Jr.
QUEZON CITY — The Movement Against Disinformation (MAD) on Thursday (Dec. 19) hailed fast court ruling on red-tagging case against celebrity Atom Araullo who allegedly made statements that attacked the government.
In a press conference in Max’s Restaurant in Quezon Memorial Circle, Atom Araullo, who recently won the case against NTF-ELCAC (National Task Force to End Local Communist Armed) Spokesperson Lorraine Badoy and Jeffrey Celis, “tulad ng banggit ko na rin, Kami ay lubos na natutuwa sa pagkapanalo sa kaso.”
“Even unusual, in the context of the Philippines. A pleasant surprise that the court ruled on the case very fast. As far as what I did with this victory, as a fellow journalist, my primary concern aside from security, ask for potential defense mechanism for journalists who are victims also of harassment,” Araullo said.
“At least bago ang kaso na ito, walang malinaw na mechanism to address ang kasong ito na hindi gagamit ng criminal case,” he added.
“Pwedeng magamit ng iba yung aming naranasan na magkaso rin kung nanaisin. The legal course is an important option. I think, if their statements are any statement totally defendant, totally committed to do what they would do. They would file an appeal and we are ready to answer that,” Araullo said.
Atty. Tony La Vina, legal counsel of MAD, said “it’s a special shoutout on campus media, the press conference is being hosted by the lawyers of the MAD, who were the ones who served as legal counsels of Atom Araullo in the civil case against the NTF-ELCAC.”
The first time to give a long time for the press conference. In a statement, La vina the MAD welcomes the landmark decision against the red-tagging Araullo by Badoy and Celis.
Sept. 23, 2023 Araullo filed a civil case for civil damages against BAgoy and Celis represented by counsels from the MAD. The case stemmed from the defamatory statements between August to September 2023, which allegedly attacked the government.
Dec. 12, 2024, the court ruled in favor of Atom Araullo saying that the statements were malicious beyond Article 19 of the Civil Code. It also upholds Article 26.
“The ruling was not only a victory for Atom Araullo but also for all victims of red-tagging for violation of the fundamental rights,” La Vina said.
“This landmark ruling paves way for public accountability and upholds individual rights for all victims of red-tagging,” he added.
“Kasi uulitin lang ng korte na they (Badoy and Celis) are liable. In all the proceedings, they said that they will present their evidence, but there was “zero evidence” lalo silang nagiging liable. Wala silang maipakita na evidence na magtetestify sa truth ng kanilang sinabasabi. Buti na lang natechnical sila,” La Vina said.
“If you don’t appear on the case, the court will rule on the case just the same.
This is not just about money. You have to ask something because nasaktan ka. The criminal case is being used against us against activitisit. As a human being, everyone has the right to be treated fairly.
May consequences, damages kaya sabi namin kay Atom. Wag namang substantial damage. We would have asked for P15 million or P20 million. Wag naman. Mahal ang filing fee.
But don’t expect pag nanalo tayo, makakakuha tayo ng P2 million. For example, the value given to a civil damage is P50,000.
It’s total vindication. It’s total victory. May damages na civil, moral.
The court ruling quoted the Supreme Court ruling which says that “red-tagging is inheritly inimical to the public and should therefore be stopped.”
Defamation can be used for disqualification in the Comelec (Commission on Elections) For us, legal options are appropriate. We have to be careful. It can be used against us.
“The court said that this (red-tagging) is insidious. This is harmful to the public,” La Vina said.
There is an ongoing process on the social media platform.
Atty. Cris Yambot Tanseco, legal counsel of MAD, said “siguro po we asked the defendant to read the decision thoroughly. Bukod sa substantive evidence na pinaboran ang panig ni Araullo. Both procedural and substantive pinaboran ng korte si Araullo.”
“Maganda ho ang ruling dito kasi specific sya sa red-tagging. Landmark decision ho ito as far as we are concerned. That’s why it (red-tagging) should be stopped and reigned,” Tanseco said.
Atty. Tim Calumpong, legal counsel of MAD, said “nadismis ang kanilang petition for certiorari kasi sabi ng court doon in all pre-trial, rules are not to be belittled or dismissed because of their non-observance will result to the violation of the rights of the complainant.”
Atty. Dapne Mendoza, four courses of action nominal damage, the right to exemplary damages to give example that you don’t nominal damages or moral damages because of the emotional suffering of the complainant.
“The ruling of the court serves as a lesson. Everyone must be caucious of expressing his thoughts,” Mendoza said.
