Baguio journalist appeals to reverse libel conviction

BAGUIO CITY -- Multi-awarded journalist-writer Frank Cimatu, who was convicted for cyber libel by a Quezon City Court is set to file an appeal this week to overturn his conviction.  
    In 2017, Cimatu posted on Facebook that then Agriculture Sec. Emmanuel Piñol, previously a 3-term governor of Cotabato province and former sportswriter of Tempo allegedly amassed P21 million within six months following the bird flu outbreak in Central Luzon.
    “Agri Sec got rich by 21 M in 6 months. Bird Flu pa more,” Cimatu, editor of Baguio Chronicle and stringer of Rappler, posted, prompting Piñol to file a cyber libel case against him.
    Various media and nongovernment groups including fellow journalists came to the defense of Cimatu, who was sentenced to a minimum jail term of six months and one day to a maximum of five years, five months and 11 days.
    He was also ordered to pay Piñol ₱300,000 in moral damages.
    In a 19-page decision, Quezon City Regional Trial Court Branch 93 Presiding Judge Evangeline Cabochan-Santos found Cimatu “guilty beyond reasonable doubt” of cyber libel charges under the Cybercrime Prevention Act of 2012.
    The National Union of Journalists of the Philippines (NUJP) said it was saddened by the court ruling convicting Cimatu, noting it sees no malice in the newsman’s September 24, 2017 Facebook post.
    “With due respect to the local court’s decision, NUJP maintains that the right to free expression and press freedom is paramount especially when exercised in relation to public officials,” it said.
    NUJP reiterated its position that libel laws should be decriminalized, saying “these are not compatible with the Bill of Rights stated in the Philippine Constitution and with the International Covenant on Civil and Political Rights, of which the Philippines is a state party.”
    But Piñol said the NUJP must also realize that “the exercise of our rights is not absolute and that we are accountable for any transgression on and violation of the rights of others.”
    In a separate Facebook post, Piñol said that press freedom does not give journalists license to slander, dishonor and destroy people.
    “Criminalizing libel ensures accountability,” he added.
    Human Rights Watch (HRW) expressed grave concern over Cimatu’s conviction.
“    The cyber-libel conviction of journalist Frank Cimatu is extremely concerning and highlights the precariousness of freedom of expression in the Philippines,” Carlos Conde, HRW Philippines senior researcher, said in a statement.
    The verdict came just a few days after civil society activist Sarah Dekdeken of the Cordillera Peoples Alliance was convicted of the same offense.
    These rulings underscore the need to decriminalize both libel and cyber-libel and make these matters of civil, not criminal, law, Conde said.
    “Criminal libel is an assault on democracy and freedom of expression. No one should spend a single day in jail for simply expressing an opinion or reporting the news,” he said.
    Cimatu vowed to fight his case through the upper courts.
    Baguio-based media groups Baguio Correspondents and Broadcasters’ Club and the Kordilyera Media-Citizen Council said it “found the court’s decision unfortunate, but we consider it a temporary setback in our continuing fight to defend press freedom.”
    “Cimatu’s conviction over a Facebook post does not only adversely impact on journalists, but also on the public who air critical views on issues affecting society,” they said. “No citizen of the free world should be threatened from expressing their views; more so if these are done pursuant to their roles as watchdog of the government.”
    “As we push for responsible reportage, we will continue upholding press freedom and every citizen’s right to freedom of expression, which are the cornerstone of a democratic governance,” they said.
    The Baguio Writers Group (BWG) condemned the use of cyber libel law against Cimatu, who is also a poet and essayist.
    Cimatu previously served as BWG president.
    Human rights alliance Karapatan also assailed Cimatu’s conviction.
    Cimatu’s post was based on a previous report from the Philippine Center for Investigative Journalism showing that Piñol’s net worth rose by a “fantastic P21,956,632.23,” from P3,643,000 in 2009 to P25,599,632.23 in December 2016 based on his Statement of Assets, Liabilities and Net Worth.
    Karapatan Secretary General Cristina Palabay said, “The fact that Frank Cimatu was convicted for cyberlibel merely for expressing his opinion shows how the country’s cyberlibel laws can be dangerously used as a weapon for media repression.”