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BY NEIL HONEYMAN
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February 13, 2018
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DEFINITION of irony: To express gratitude to a justice system which grants a temporary restraining order (TRO) to those worthy but suspended officials of the Energy Regulatory Commission (ERC), so that they may return to their arduous duties to facilitate the delivery of reasonably-priced electricity to a grateful populace.
The Central Negros Electricity Cooperative (Ceneco) has, over the years, been involved in some strange situations which cause electricity to be more expensive than it should be.
Firstly, we have the ridiculous state of affairs with Kepco Salcon where we are expected to pay for electricity that we did not need, did not want, and did not receive. It is high time for Kepco Salcon to “back off.”
Secondly, the city of Bacolod is several hundreds of millions of pesos in arrears with its payments. Every time Ceneco has the temerity to ask for its money, the city replies with some sophistry about “franchise tax” that Ceneco should pay. This has been going on for at least a decade.
Thirdly, Ceneco, at the peak of its propensity to engage in bilateral contracts with electricity suppliers, was being asked to pay for electricity that the alleged supplier was not able to provide. This was because the supplier had not yet got around to generating the electricity for which we were expected to fund.
A bizarre trifecta.
A veteran local journalist, Modesto Sa-onoy had justifiably trenchant observations to make on this strange situation. Consequently, he was subjected to a libel action for which the aggrieved non-supplier of electricity sought P1 million in libel damages.
It seems that libel actions are brought by the more powerful, or think they are more powerful, over those who are possibly less powerful.
It was disappointing that Sargasso Construction and Development Corp sued Panay News for libel. I salute Senior Assistant Iloilo City Prosecutor Anne T. Montes-Española for her wise and balanced resolution where she recommends the dismissal of Saragasso’s complaint.
Article 354 of the Revised Penal Code states: “Every defamatory imputation is presumed to be malicious, even if true, if no good intention and justifiable motive for making it is shown.”
Even if true. As a layman, I believe that if a statement is true and if it is shown to be in the public interest, then it should be made difficult to prove malice.
The famous case of Woodward and Bernstein, reporters for the Washington Post, at the time of the Nixon administration is relevant. The Post was being threatened with libel. The editor, Ben Bradlee summoned Woodward and Bernstein to establish whether their reported findings were rigorous or merely guesswork. The intrepid duo convinced Bradlee that the reports were factual and accurate. Later, at a management meeting of the Post Bradlee gave his articulate support and the Watergate reports continued. In a film of the event: “All the President’s Men”, the actor Jason Robards played Bradlee. “We stand by our boys,” he intoned.
Thank goodness he did.
Otherwise our newspapers would simply be a collection of press releases.
The freedom of the press is vital in a society that purports to be democratic./PN
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