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FOfi,: Libel u*der Art. 355 of theR*.uise{t F*nal Cade

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Hr. Hanuel "Bry* Meimada -

f,{4. 2. l*.asoy St., Blk l l, Vill* San Lsrenzo Sutrdiv'isicn,llo-ila,City

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By virtue cf tfte authrrity vested in me by law, please be infrrrmed that aFr*lin':inxry lnvestittation in the ahtve-entitled *xs* is

=rh*duled at the Graund Fls*r,Roanr 1i]4, H*li sf Justice. F.B Hanison St., Fasay City, on October t. S & t5, 1*t4 at?:${} F.*#., e*d as a respondent. you are required io appeer sn the said rlate andsub*rit y*ur Counter-Affidavit on the aboue-entitterl cases. Attsched to this Sui:poenaare copies ef the Camplaint Affidavii.

WlTf{ES$ &{Y HAI{Ir {5tr dav of $eptember 3fi14

EERs*ABE AUGUSTUS C. SSLISFroserutar V{lffic*r-in-charge

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REPUBLIC OF THE PHILIPPINESDEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICEOFFICE OF THE CITY PROSECUTOR

Pasay City

FRANKLIN M. DRILON,Complainant,

-versus- NPS-For: Libel under Article 355of the Revised Penal Code

MANUEL'BOY" MEIORADA,Ilespondent.

COMPLAINT-AFFIDAVIT

I, FRANKLIN M. DRILON, of legal age, married, with officeaddress at Rm. 606,Senate of the Philippines, GSIS Bldg., Pasay City,after having been duly sworn in accordance with law, and with theassistance of counsel, hereby depose and state that:

1. I am a lawyer and an incumbent member and currentlythe President of the Senate of the Republic of the Philippines. I haveserved as a Senator for more than fifteen (15) years, specifically fromthe years of 1995 to 2007 and from 2010 to the present. I have alsoserved as Senate President in 2000, then from 2001 to 2006 and from2013 to the present.

2. Prior to being elected as a Senator, I was appointed todifferent posts under the Executive Branch, namely: as Secretary ofLabor from 1987 to 1990; as Secretary of Justice from 1990 to 1991,; asExecutive Secretary of former President Corazon Aquino from 1991to1992; and as Secretary of Justice from 1992to1995.

3. Throughout my career as a public servant, I served withthe highest degree of responsibility, integrity,loyalty, and efficiency.Furthermore, I have continuously endeavored to keep my person andhonor unsullied

4. Mr. Manuel Mejorada ("Mr. Mejorada") was myconsultant and served as one of my media relations officer in theProvince of Iloilo from L September 2010 to 31 December 2010 andagain from 1,January 2011. to 30 June 2011.

5. As a consultant, he enjoyed my trust and confidence. Itwas by reason of this trust that I even recommended him to variousposts in the government. In particular, I recommended hisappointment as Regional Director of the Technical Education andSkills Development Authority (TESDA) and Airport Manager of theNew Iloilo Airport. Unfortunately, despite my recommendation, hedid not get appointed to either post.

6. Flowever, he betrayed my trust by using my social mediaaccounts to attack political personalities in the Province of Iloilo.Because of this, I lost confidence in him and I decided not to renewhis consultancy contract in ]uly 2011.

7. It was after this non-renewal of his consultancy contractthat Mr. Mejorada began the publication of several libelousstatements against me through different internet media. Inparticular, Mr. Mejorada used his Facebookl account and Wordpress2blog entitled "Mejorada's Point of View" to publish libelous articlesagainst me.

8. On 30 September 2013, Mr. Mejorada published anotherblog entry on Wordpress called "Putting Safety on the Line - theIloilo Convention Center." h'r this entry, Mr. Mejorada claimed that Ihad chosen an architectural firm to prepare the design of the IloiloConvention Center without complying with the bidding requirementunder the Government Procurement Reform Act.

9. Mr. Mejorada also posted pictures on Facebook on 14January 2014. The pictures depicted the earth-filling project in theIloilo Circumferential Road in Ungka, Pavia. He then described thepicture as "Drilon's version of the Macapagal Boulevard ----grosslyoverpriced."

10. On 15 ]anuary 201,4, Mr. Mejorada published a blog entryregarding the alleged Parola Terminal Ferry project. Branding it as

1 Facebook is an online social networking site.2 Wordnress is a wehsife which allows the rrser to mainfain an onqoins chronicle of

"The great ferry terminal robbery attempt " he claimed that I hadinsisted for the project to push through even if it violated severallaws and was "overflowing with corruption."

11. On29 |anuary 2014, Mr. Mejorada posted an entry in hisblog entitled "Drilon's Midas Touch" where he stated that I amresponsible for the overpricing of the contract for the construction ofthe Art Convention Center at the Iloilo Business Park of Mega World.

12. As can be observed from the enumerated social mediapostings, Mr. Mejorada has made numerous publications that clearlyconstitute libel under the Revised Penal Code ("RPC").

13. In particular and without prejudice to my right toprosecute Mr. Mejorada for his other libelous statements, I amcharging Mr. Mejorada with libel for publishing the followingmalicious statements against me:

The Libelous Statements inMejorada's Wordpress blogentitled "Mejorada's Point ,fVietp" dated 30 September 201-3.

'1,4. As stated earlier, on 30 September 2013, Mr. Mejoradaposted a blog entitled "Putting Safety on the Line the IloiloConvention Center" (the "Subject Wordpress Articl""), *here Mr.Mejorada made it appear that I was involved in irregularities in theprocurement process of the Iloilo Convention Center -

"That's the reason the Tourism Infrastrucfure andEnterprise Zone Authority (TIEZA) published aninvitation for expressions of interest for the architecturaland engineering designs of the Iloilo Convention Centerlast May 2013.

A copy of the printout of Mr. Mejorada's Wordpress Post entitled "Putting Safety on theLine

- the Iloilo Convention Center" dated 30 September 2013 is attached hereto as

Annex 'tC" and made an integral part hereof. Available at

15.

TIEZA had every right to initiate the procurementprocess. It was providing the funds for the project. It wasthe procuring entity.

However, Senate President Franklin M. Drilonhad already engaged a well-known architectural firm todo the job. As early as November last year, Drilon hadalready announced that the firm of W. V. Coscolluelaand Associates prepared the designs."

The complete Wordpress blog entry states -

"Cafl a famous architectural firm be engaged to do thedesign of a huge government in{rastructure projectwithout undergoing the procurement process prescribedby Republic Act No. 9184 and its Revised ImplementingRules and Regulations?Apparently not.

That's the reason the Tourism Infrastructure andEnterprise Zone Authority (TIEZA) published aninvitation for expressions of interest for the architecturaland engineering designs of the Iloilo Convention Centerlast May 2413.

TIEZA had every right to initiate the procurementprocess. It was providing the funds for the project. It wasthe procuring entity.

However, Senate President Franklin M. Drilon hadalready engaged a well-known architectural firm to dothe job. As early as November last year, Drilon hadalready announced that the firm of W. V. Coscolluela andAssociates prepared the designs.

The TIEZA posted the invitation to submit expressions ofinterest on its website. However, somebody must haveinformed Drilon and called TIEZA he's got somebody todo the job.

Today (Sept.30), I called up the BAC of TIEZA and I wastold the contract, which had an approved budget for thecontract, was cancelled. The BAC secretariat didn't know+l^^ *^^-^^ (^- +1^^

-^*^^ll^*i^-

And so now the DPWH is in the final stage of anegotiated procurement to work out a deal with one ofthe short-listed suppliers. It's being made on thearchitectural and engineering designs of a company thatdidn't undergo the bidding process.

To add to the mystery, the DPWH Region VI just onlyrecently conducted a public bidding for geo-technicalinvestigations and soil boring to determine the stability ofthe area where the Iloilo Convention Center will be putup.

When I revealed this over the weekend, I receivedinformation from architects and engineers that this isanomalous. It only goes to show that the structural designanalysis for the plans and specifications was donewithout a geo-technical investigation being done first.The safety of the engineering desigo especially that thesuperstructure will handle a heavy load of people, couldnot be guaranteed under the circumstances.

Will DPWH sacrifice safety just to meet the deadline forthe APEC Ministers Summit in October 2015?"

1,6. Libel is defined as a public and malicious imputation of acrime, or of a vice or defec! real or imaginary, or any act, omissioryconditiory status or circumstance tending to discredit or cause thedishonor or contempt of a natural or juridical person, or to blackenthe memory of one who is dead. The elements of libel are: (u)imputation of a discreditable act or condition to another; (b)publication of the imputation; (c) identity of the person defamed;and, (d) existence of malice.a

17. The elements of Libel, in this instance, are evident asfollows:

Mn Mejorada maliciouslyimputed and ascribed upon me thecommission of discreditable actsthrough the subject WordpressArticle.

Mr. Mejorada posted hisstatements in the WordPresswebsite and made them ztieutableto the public.

22. The element of publication under the crime of Libel issatisfied when the materials are communicated to a third person.T

23. The statements posted on Wordpress are likened to apublication. The subject Wordpress Article was available to thepublic. It can be viewed by any internet user who visits Mr.Mejorada's Wordpress page.

24. That posting such statements online constitutespublication was affirmed by the Supreme Court in Disini u. Secretaryof lustice,s where the Court ruled, "...online defamation constitutes'similar means' for committing libel."e As such, the Supreme Courthetd that online libel is a criminally punishable act and the originalauthor is liable for posting the libelous article online.

Mn Mejorada cleailY identifiedme as the person subiect of thesubj e ct W or dpr es s Article.

25. Identification, in order to satisfy one of the constitutiveelements of libel, must refer to an ascertained or ascertainable person,and that person must be the one defamed.lo

26. In this case, I was clearly identified by Mr. Mejorada inhis libelous statements which indicated my narne as either "SenatePresident Franklin Drilon" or "Dtilort."

27. Clearly, the subject Wordpress Article reveals that theperson Mr. Mejorada intended to defame was no other than me.

Vasquez v. Court of Appeals, G.R. No. 778971,15 September 7999,314 SCRA 460.G.R. No. 203335,18 February 2014.'thid

Mr. Mejorada's actsubiect Wordpressclearly malicious.

of posting theArticle laas

28. Malice in law is a presumption of law found in Article354 of the Revised Penal Code, which states that "every defamatoryimputation is presumed to be malicious, even if it be true, if no goodintlntion and fustifiable motive for making it is shown" . Oll the otherhand, malice in fact is a positive desire and intention to annoy andinjure.11

29. In determining actual malice, with respect to publicofficials, our Supreme Court has adopted the test laid down in theleading case of New York Times Co. a. Sulliaan that is - whether or notthe defamatory statement was said with knowledge that !! was falseor with reckless disregard of whether it was false or not.12 In orderto establish that there was "reckless disregatd," there must besufficient evidence to permit the conclusion that the defendant in factentertained serious doubts as to the truth of his defamatorystatement. Saying the statements with such doubt shows recklessdisregard for tuth or falsity and demonstrates actual malice'13

30. Malice connotes ill-will or spite and speaks not inresponse to duty but merely to injure the reputation of the persondefamed, and implies an intention to do ulterior and unjustifiableharm.la It is present when it is shown that the author of the libelousremarks made such remarks with knowledge that it was false or withreckless disregard as to the truth or falsity thereof.ls

31.. In this case, Mr. Meiorada knows that the imputations hemade against me through the subject Wordpress Article were false,or, at tf," very least, he published his libelous statements withreckless disregard as to the truth or falsity thereof.

11

12

13

14

Yuchengco v. The Manila Chronicle Publishing Corporation, G.R. No. 184315, 25November 2009,605 SCRA 684.Flor v. People, G.R. No. 139987,31 March 2OO5,454SCRA 440 citing New York Times Co. a.Sulliaan, ZZO US 254, 11, L ed. 2d 686; See also Yuchengco v. The Manila Chroniclepublishing Corporation, G.R. No. 184315,25 November 2009,605 scRA 684,715.lbid., clttngSt. Amanta. Thompson, 390 US 727,20LF,d2262.yuchengco v. Manila Chronicle Publishing,Inc., G.R. No. 184315,25 November 2009,605SCRA 684.

32. Mr. Mejorada used to assist me in a consultancy basiswhen I was the Chairman of the Committee on Finance.l6 As such, Mr.Mejorada himself is aware that under the law, I have neither duty norauthority to intervene in the procurement process for governmentconstruction projects. Having worked with me, Mr. Mejorada couldhave at least ascertained the truth or falsity of his libelous statementsby hearing my side.

33. Moreover, existing jurisprudence provides that actualmalice may be proved if the defendant had an intention to injure thereputation of the offended party as shown by the words used and thecircumstances attending the publication of the defamatorystatement.lT Alternatively, actual malice may be proved by extrinsicevidence that at the time of publication of the defamatory statement:(a) the defendant bore a grudge against the offended party, or (b)there was rivalry or ill-feeling between them.

34. As mentioned, Mr. Mejorada used to enjoy my trust andconfidence as I made him my consultant and even recommended himfor appointment in various government posts. Our workingrelationship ended, however, when he betrayed my trust by usingmy social media account to attack political personalities in theProvince of Iloilo.

35. Since then, Mr. Mejorada has been holding a grudgeagainst me, vilifying not only my person at every opportunity but alsoimpugning the good undertakings I have initiated for the bettermentof the Province of Iloilo. This is manifest in Mr. Mejorada's barrage ofFacebook Posts and Wordpress Articles containing libelous statementsagainst me after I chose not to renew his consultancy contract.

36. Thus, it is wholly unwarranted, baseless, and downrightmalicious on the part of Mr. Mejorada to say, in the subjectWordpress Article, that I intervened in the procurement process foran important government project in Iloilo.

37. A11 told, all the elements of Libel to charge Mr. Mejoradawith committing the crime under Article 355 of the Revised PenalCode are present in this case.

't6 See copies of the Contracts of Service between Senator Franklin M. Drilon and Manuel P.Mejorada which are attached hereto as Annexes " A" arrd "B" attd made integral partshereof.

77 REyES, Lurs B., REVTsED PrNal Copr Boor II 1006 (18rH ED. 2012), citrng People a. Hogan,

37.1. First, Mr. Mejorada maliciously imputed and ascribedupon me the commission of discreditable acts amountingto crimes punishable under the Anti-Graft and CorruptPractices Act and the Government Procurement ReformLaw through the subject Wordpress Article.

37.2. Second, Mr. Mejorada posted his statements in theWordpress website, and made them available andaccessible, viewable to the public.

37.3. Third, Mr. Mejorada clearly identified me as the personsubject of the subject Wordpress Article; and

37.4. Fourth, Mr. Mejorada's act of posting the subjectWordpress Article was clearly malicious. Mr. Mejoradahaving held the position as one of my consultants when Iwas the Chairman of the Committee of Finance knowsthat I as a Senator, I have no participation in theprocurement process for local government projects.Moreover, there is evidence to show that Mr. Mejoradaheld a grudge against me, as I decided to no longerengage him as a consultant after he irresponsibly used myofficial social media accounts to attack politicalpersonalities in the province of Iloilo.

38. All the elements being present, there is valid cause tohold Mr. Mejorada liable for the crime of Libel under Article 355 inrelation to Article 353 of the RPC.

39. I am executing this Complaint-Affidavit to attest to thetruth of the foregoing facts, and to facilitate the filing of theappropriate criminal actions, specifically for Libel under Article 355 inrelation to Article 353 of the Revised Penal Code against Mr.Mejorada.

40. For purposes of this proceeding, Mr. Manuel "Boy"Mejorada may be served subpoenas, notices, orders, resolutions, andother processes of this Honorable Office at No. 2, Kasoy St., Block LL,Villa San Lorenzo Subdivision, Iloilo City.

IN WITNESS HEREOF, I have hereunto set my hand this l1!hdav of [u qutt 2014 in the City of P0sotl .,-*0--______r_____

SUBSCRIBED AND SWQRN to before me this l',t&auy a $*l2014in the city of {% (tit

EL${rIA *. rV#u,TAcAsrPtTAsrittart CftY Presccutrt

ADMINISTERING OFFICER

CERTIFICATION

I hereby certify that I have personally examined the affiant andI am satisfied that he voluntarily executed and understood thecontents of his Complaint-Affidavit.

rL mrTA **,ffi*u rTA -c A slr I TAssistrnt tfty Presccutrr

ADMINISTERING OFFICER

IN M. DRILON