Wednesday, September 16, 2009

LIBEL SUIT OVER FACEBOOK STATUS UPDATE

I may become a respondent to a libel case filed against an acquaintance who posted Facebook status updates against the Belo Medical Group.

As a blogger and avid Facebook user, I've been posting my rants against government officials and celebrities for a number of years in the hopes that my writing will somehow improve the way things are in this country. I have at times, taken to calling them names and subjecting them to ridicule because I have always thought that none of them would really bother filing a libel case against a blogger.

But, right now, I think that this belief of mine will be put to the test.

According to the document given to me, Agnes Ballesteros, who is the General Manager of the Belo Medical Group Inc. (BMGI), is filing suit against my acquaintance and Facebook friend Lawyer Argee Guevarra for allegedly publishing a libelous attack on FACEBOOK. The complaint was filed on August 3, 2009 at the Office of the City Prosecutor in Rizal.

And to quote section 8 of the complaint against Guevarra:
Atty. Argee Guevarra published his libelous attack on BMGI and Dr. Belo through the internet, specifically through the online social network "FACEBOOK", which is perhaps the most popular online netowkr in the world today. In the "FACEBOOK" website, members who have their own "FACEBOOK" page publish their messages and/or opinions, and these publications can be read by all members who have been allowed or invited to view the member's page. While "FACEBOOK" website provides its members the opportunity to communicate with other individuals in the network, it also is vulnerable to abuse, and members can in fact use their "FACEBOOK" page to publish libelous remarks at ruining reputations and professions.
Now, the thing is, I had seen one of Argee's Facebook status messages and not really thinking much about it, I commented on the status message to signify that I agreed with what he said in his status update. Several others signified their support, agreement, and views on Argee's status update, and they may also find themselves dragged into the court case that will certainly follow.

Attached as Annex "B" in the complaint is a print out of Argee's status updates, one of which was the one I commented on:

Argee Guevarra thinks aloud how the payola machinery of vicki belo killed the news of a picket demonstration in front of the Belo clinic. I wonder how television, print, and radio programs can kill the story when the next rallies will have the following numbers -- 100, 200, 500, and 1000. Kung magkaasaran pa, 10,000 demonstrators will be assembled in front of the Belo Medical Clinic at Tomas Morato on July 27, 2009. Hahahahaha!

July 17 at 7:56pm

Paul Farol: Argee, I passed by the picket this morning. What brave souls!

Faye Isaguirre Singson: naka-sunblock naman ba mga rallyista natin jan?? =) aaaay, wala nga palang araw kanina, kasi may bagyo! hehe ;)

Argee Guevarra: faye, sama ka sa amin ha. organize kami mga abogado na magmartsa against collorum clinics!

Faye Isaguirre Singson: oh sure! ;0 pwedeng mag battlecry -- simplicity is beauty. vanity kills! no to peke!! hehe =).
Section 9.02 of the complaint lists the other status updates the were allegedly slanderous:

9.02 I immediately read the printed "FACEBOOK" pages, and was shocked and upset to read the slanderous statements made by the respondent on said pages. Specifically, the statements were:

(a) Argee Guevarra thinks aloud how the payola machinery of vicki belo killed the news of a picket demonstration in front of the Belo clinic. I wonder how television, print, and radio programs can kill the story when the next rallies will have the following numbers -- 100, 200, 500, and 1000. Kung magkaasaran pa, 10,000 demonstrators will be assembled in front of the Belo Medical Clinic at Tomas Morato on July 27, 2009. Hahahahaha!

(b) Argree Guevarra advocates a national patients' boycott of the Group. To all my friends and comrades, please stay away from Bello clinics. I have 2 cousins and 3 friends already who have canceled their lipo from Belo. Please help me shut down the Belo Medical Group until their perform their moral obligation to Ms. Josie Norcio.

(c) Argee Guevarra Celso delos Angeles can still get medical attention in prison -- from Vicky Belo after she gets convicted too for criminal negligence and estafa

(d) Argee Guevarra Guys, pandemonium has broken loose in BMG's 6 clinics after Ms. Josie Norcio's tell-all. With only 2 surgeons of BMG certified by PAPRAS, there is real-and-present danger that surgeries like liposuction, nose lift, boob jobs which have been performed by BMG's physicians, every patient runs the risk of something going wrong with the procedeurs they have undergone under BMG's hands.

(e) Argee Guevarra well, with all the kababuyan of the Belo clinic, its money making machines dapat convert them into public health clinics!!! instead of pandering to the vanities of those who want to look like Dra. Belo

(f) Argee Guevarra darling kellyn, so far, i have 3 other ex-belo patients who will tell all too!!!! Grabe pala ang mga kapalpakan niyan. So did u leave Belo Clinic because it has become a Frankenstein Factory?

(g) Argee Guevarra kellyn, sisingilin ko muna si belo ... at saka sabi mo naman, maibagsak ko lang ang kapalstikan ni belo, quits na tayo...

(h) Argee Guevarra is inspired by Jose Norio's courageous act of showing her face on national television to expose the Reyna ng Kaplastikan, Reyna ng Kapalpakan. Inspired by shock nevertheless by the fact that the much needed partial restoration of her behind would cost a staggering $500,000-$1,000,000 Standford Medical Hospital and she will still remain permanently disabled for the rest of her life.

(i) Argee Guevarra is preparing himself for a campaign against the Belo Medical Group for its criminal negligence which nearly killed Ms. Jose Norcio over a botched butt augmentation procedure. He found out that the Dr. Belo herself marketed the produtc to Ms. Norcio, the operation was carried out by her doctors who were not licensed by the Philippine Association of Plastic Reconstructive and Aesthetic Surgeons

(j) Argee Guevarra yeah.. actually the issue is simple and you will easily see which side you'll be taking -- just pay Ms. Norcio a visit at St. Luke's at talagang binaboy siya ng Reyna ng Kaplastikan.
The thing is, if this case against Argee Guevarra gains ground in court, it will strengthen grounds for other people to file libel cases over Facebook status updates as well as blog entries.

Even with just the filing of the case against Argee, it already has an inhibiting effect on the blogosphere and other avenues of free speech.

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