Negros Occidental journalist, vendor, lawyer acquitted in 20-year libel case

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The case stemmed from a SunStar Bacolod article published on May 30, 2005, about a land dispute involving a market vendor and her sister's former partner

NEGROS OCCIDENTAL, Philippines – A Bacolod City court has acquitted a journalist, a market vendor, and a lawyer of libel, ending their 20-year-old case.

In a 27-page ruling released on Friday, June 20, Bacolod City Regional Trial Court (RTC) Branch 53 Presiding Judge Sue Lynn Lowie-Jolingan acquitted Rappler correspondent Erwin “Ambo” Delilan, vendor Angela Atesora, and lawyer Imelda Gerangaya.

The court ruled that the prosecution failed to prove guilt beyond reasonable doubt and ordered the release of the P10,000 bail bonds.

The case stemmed from a SunStar Bacolod article published on May 30, 2005, written by Delilan, which reported on a land dispute involving Atesora and her sister’s former live-in partner, Japanese national Sadao Akane.

The article identified former Bacolod councilor and lawyer Archie Baribar as Akane’s legal counsel, and alleged he and another lawyer conspired to illegally transfer ownership of Atesora’s property.

Although Atesora filed a disbarment complaint against the two lawyers, the article was published after the Supreme Court had already dismissed the complaint.

Gerangaya was implicated after Baribar identified her as the news outlet’s business manager. Citing Article 360 of the Revised Penal Code, he argued that her role made her legally accountable for the article’s publication, a responsibility typically held by the editor-in-chief.

Baribar claimed there was no editor-in-chief at the time, but Delilan testified that Guillermo Tejida III was acting as officer-in-charge and had assigned him the story, providing the case file and sworn affidavits of Atesora formed the basis of his report.

Baribar filed the libel complaint, alleging the article defamed him by disclosing a confidential disbarment case and implying his involvement in forgery and property grabbing — accusations he claimed were false and damaging to his reputation.

In an interview with Rappler on Saturday, June 21, Delilan said he had always believed the article carried no malice.

“It was based on sworn affidavits regarding Baribar’s disbarment case,” he said. “Besides, I wasn’t the editor-in-chief — I had no authority to decide on its publication.”

Delilan shared that the case took a toll on his personal and professional life. While working for Filinvest Power in Mindanao, he had to frequently fly home just to attend hearings.

“It was exhausting. At one point, the case even appeared as a hit on my NBI and police clearance, and HR questioned me about it,” he said.

In its ruling, the court found that the article merely reported the content of Atesora’s complaint, without commentary from Delilan.

“Thus, applying the New York Times ruling, the standard of actual malice applies to the case at bar. Absent that element, the action for libel cannot prosper,” the decision read. – Rappler.com