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SC orders Cristy Fermin to pay Gutierrez couple P800,000

By Tetch Torres
INQUIRER.net
First Posted 14:28:00 04/03/2008

Filed Under: Entertainment (general), Media, Judiciary (system of justice), Prison, Punishment

MANILA, Philippines -- The Supreme Court affirmed a libel conviction on showbiz columnist Cristy Fermin, or Cristinelli Fermin, and ordered her to pay P806,000 to couple Anabelle Rama and Eddie Gutierrez instead of serving the jail term slapped on her by a lower court.

A 24-page decision penned by Associate Justice Antonio Eduardo Nachura upheld the decisions of the Court of Appeals and the Quezon City Regional Trial Court finding Fermin guilty of libel.

Fermin had originally been sentenced to a jail term of from three months and 11 days of arresto mayor as minimum, to one year, eight months and 21 days of prision correccional as maximum.

But the high court, in keeping with a recent circular it had issued on libel convictions, ordered the columnist to pay the hefty fine instead of serving the sentence.

Fermin argued that being the publisher of the tabloid Gossip, she had no direct participation in the June 14, 1995 article about Rama and her alleged case before a US court.

Fermin added that the article, in its entirety is not defamatory.

But the high court pointed out that Fermin?s admission she is also the chairperson and president of the tabloid proved she had full control over the publication of articles.

"Petitioner?s criminal guilt should be affirmed, whether or not she had actual knowledge and participation, having furnished the means of carrying on the publication of the article purportedly prepared by the members of the Gossip reportorial team, who are employees under her control and supervision," the high court said.

The tribunal also pointed out that "to say that the article, in its entirety, is not libelous disturbs one's sensibilities?There is evident imputation of the crime of malversation; of vices or defects for being fugitives from the law; and of being a wastrel. The attribution was made publicly, considering that Gossip Tabloid had a nationwide circulation. The victims were identified and identifiable. More importantly, the article reeks of malice, as it tends to cause the dishonor, discredit or contempt of the complainants."



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