From the very start of the publication of Philippine Tribune, I have always emphasized that I am not a journalist. I never claimed to be a journalist. I have obtained no degree in journalism. I just happen to know how to write. Thanks to the writing skills given to me by the American Jesuits of Ateneo de Manila University, I am now deeply involved in the intricate art of report writing.
I must admit that I am still in the learning process. Yes, there is so much to learn and one doesn’t really know what to expect or what is going to happen next. And so it happened!
One fateful afternoon, a Statement of Claim was personally delivered to the home office of Philippine Tribune by Cresencio Pilao who turned out to be one of the plaintiffs in a defamation case filed against the newspaper. The other plaintiff was Arturo Sayas, owner of Zignal Travel in Blacktown.
Apparently emboldened by the dismissal of an assault case filed against them by Retired Philippine Navy Commander Ricardo Palenzuela, Sayas and Pilao decided to file a case of defamation against Philippine Tribune. The case emanates from an editorial that appeared in Philippine Tribune on September 2007, entitled “A True Officer and Gentleman.”
Nowhere in the entire editorial did any of the names Sayas and Pilao appear. However, the defamation claim is based on the imputation that the plaintiffs “physically assaulted and verbally abused Ricardo Palenzuela.”
Three witnesses corroborated having read the editorial: Lucas Cayanan, Dorothy del Villar and Ricardo Gerial.
A known Filipino solicitor Bernie David initially agreed to represent Philippine Tribune and its editor. However, he later decided to pass on the defence of the case to Willy Villanueva, another Filipino solicitor based in Parramatta.
In mid-morning of 2nd March 2009, I received a call from Mr. Villanueva, informing me that the court hearing was scheduled on that same day and that my presence was imperative. Neither my solicitor nor I could make it to Sydney within the hour. Not one of us was prepared. Not one of us was aware that the court hearing was scheduled on that day. It is still a mystery how it happened that the hearing was set on a date that no one apparently knew about.
Fortunately, my barrister’s chamber was very close to the District Court of NSW and he managed to be present. But like my defence counsel, he too was not prepared. We never had the benefit of a pre-trial conference. Everything came too suddenly. Much worse, my principal witness, Ricardo Palenzuela declared that he was diagnosed with stage 4 lymphoma and therefore could not attend the court hearing.
Without him, my lame team of one barrister and one solicitor nevertheless went to court the following day with only one witness, Australian Army Major and NSW Police Officer Thomas Baena. He was with Ric Palenzuela at the time of the alleged assault.
The plaintiffs were represented by two barristers and one solicitor. They came in full force, with a number of witnesses, including one wearing a blazer that identified him to be a representative of Rooty Hill RSL.
After the morning session, my barrister strongly recommended that we enter a settlement agreement, as a means of “damage control.” An apology that was to appear on the front page of the April 2009 edition of Philippine Tribune was drafted. After several revisions, both my solicitor and barrister finally persuaded me to accept the wording. The settlement agreement prevented me from incurring further court costs.
It was indeed a dark day in the practice of journalism. The only consolation derived from that experience is I now carry the reputation of being the first and probably the only Filipino in New South Wales to face defamation charges. I nevertheless cling to that old adage “no fear, no favour.”