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May 27, 2007

Surviving a Libel Case

While of you may have already heard about the libel case against me was dismissed last month, I wasn’t able to properly announce it here in my blog. We were waiting for a possible motion for reconsideration to elapse before bringing it out into the public. Here’s a short summary of the entire event:

Back in August 2006, we got a demand letter from a law firm. This firm represents a certain Joel Aquino (JEA) who runs a company called WebCom. Apparently, one of our web hosting resellers has a client that runs the forum greedyolddumbass.com. In that forum, several ex-employees of WebCom were making libelous comments against JEA and his family. They wanted us as the webhost to prevent and desist the posting of such comments in the forum.

Within a week, I sent out a reply to their firm that we are only a web hosting company and have no knowledge of this issue. Besides, the website/forum have already moved out of our servers and we no longer have any control of it in any manner as the hosting provider. Thinking that it was all that and the issue has been clear, we forgot about it.

September came and we got a subpoena from the Pasig RTC identifying my company and members of the forum for alleged libel. I think we got close to half a dozen subpoenas in the span of 4 or 5 weeks. When we submitted our counter-affidavit, I also filed a perjury case against the complainant for misrepresenting us as administrators or operators of the forum when it was clear in our earlier communication that we are just the hosting provider. All three cases were then consolidated (2 libel cases and 1 for perjury).

Then, came months and month of clarifications, appearances at the fiscal’s office and a lot of waiting.

Now that it’s all over and the case against me was dismissed (they found probable cause to charge the other two respondents of libel), I can only take a good deep breath and put this behind me. I’d like to thank all those who helped me thru this — the guys at BlogHerald esp. to J Angelo who set up a legal fund, the people at NUJP for offering help, other lawyers who heard of my case and sent in their offer of support, my readers and fellow bloggers. My thanks goes to fellow blogger Atty. Fred Pamaos and his partners at the JLP Law Offices for getting me thru this. Hat tip to all the journalists who gave moral support and “welcomed me to the club“.

Written by yuga

Abe is the founder and publisher of YugaTech. You Can follow him on Twitter @abeolandres.

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62 Responses to “Surviving a Libel Case”

  1. wilson ng says:

    can you not sue back?

  2. Jeffrey Wong says:

    Sir Wilson,

    Abe said, he wants to sue back if only he has the finances.

  3. poell says:

    the good always prevails.

    i remember reading this issue the first time and all i can say is what the heck was wrong with those people.

    anyway charge everything to experience. just keep the ball rolling and keep those breads coming at you and save it. just surprise us when you do sue them back ;) anyway, they deserve it!

  4. yuga says:

    I did file a perjury case against the complainant in lieu of a counter-affidavit. All cases were consolidated and was all dismissed (the ones that are particular to me).

  5. Mike Abundo says:

    Congratulations, Abe. People like Aquino who can’t handle the rough-and-tumble of the Web should stay off it.

  6. Jeffrey Wong says:

    Abe, some Bible tips:
    Proverbs 25:21-23

    “If your enemy is hungry, give him food to eat;
    if he is thirsty, give him water to drink.

    In doing this, you will heap burning coals on his head,
    and the LORD will reward you. ”

    Continually be nice to JEA. Give him gifts of sorts.

  7. How says:

    Searched for this Joel Aquino dude and found some interesting tidbits on the following site (WARNING: PROFANE LANGUAGE AND POSSIBLY ADULT CONTENT)

    http://www.gofuckyourself.com/showthread.php?pagenumber=1&threadid=415475

  8. The truth will eventually surface. I am one of those defendants in this libel case. I am just taking my time… this is nothing but a class act of bullying. People think they know too much.

  9. reyna elena says:

    wow, i just read about the libel case yesterday at work and i got so interested. good that’s its over and you got out unscathed!

  10. KK says:

    You were just the hosting company and you were sued for contents? Wow, that’s lame!

    Congratulations for the dismissal of the case!

  11. [...] recent incoming link (at my other site) from Abe’s site alerted me to his post on surviving a libel suit. Considering that the cases – there were two consolidated libel cases – had been dismissed as [...]

  12. [...] back at the lawsuits I had to go thru in the past, I feel that there is a need to amend the 2000 Philippine eCommerce [...]

  13. [...] recent incoming link from Abe’s site alerted me to his post on surviving a libel suit. Considering that these cases had been resolved and there’s no appeal/reconsideration (at [...]

  14. beeps says:

    No Cold metal bars for you my friend. :)

  15. Pilip San Diego says:

    several question to address
    1. accounting of the legal fund.
    2. how did you get a subpoena from the pasig rtc (?) when it is obviously at a fiscal level only.

  16. obi-one-two-tri says:

    that company you are mentioning must go down.. hahahaha… that company searches for holes to bring down employees who are complaining of the cash bond which they should have received after a year (written in the contract), but then the company say’s that the cash bond will be given upon resignation… this situation cause some employees to resign…

    company Webcom also known as Netpros Inc. and also known as Versomina Inc. (ang dami)
    located at Unit 1006 Centerpoint Condominium J. Vargas St. cor. Emerald Ave. Ortigas Pasig City

    This company is involve in many labor code violations.. including no ID card for employees, salary delays, unable to give their new entry employees their ITR and TIN number… etc… ask the employees…

    Libel issues? someone is being charged at this time by the same company…

  17. youllsee says:

    He’s at it again! He’s got a previous supervisor there which worked with him for 5 years, he filed a case against the poor guy. I heard that he did resign, filed and submitted a resignation letter. It was that Joel Aquino who did not accept the resignation letter. Now he’s filing a case against him? How pathetic! The truth shall prevail! There is justice! He is just wasting all his money chasing people down, whom he’d actually wronged while his current employees are suffering in there. God knows and he is very just. Humanda siya! Well I guess, Jeffrey Wong’s idea is much better, which gift should the former employees give to him to heap burning coals on his head? hehehe

  18. jef says:

    wow, interesting news…

  19. geoff says:

    nagbago na yata ulit sya ng company name, strat visions na! lolz

  20. geoff says:

    nagbago na yata ulit sya ng company name, strat visions na! lolz..

  21. pandar bear says:

    oo nga yata, nagbago nanaman ng company name.. d ko tlga megets kung bakit nagpapalit palit sya ng name! lolz!

  22. Kitkat says:

    Kasi mainit ang company s mga authorities. Medyo related kasi work nila s porn. Tpos balita ko marami tlgang kaaway yan lalo na mga dating employees nila, dinidemanda yata lahat ng umalis sa kanila at pinapabayad ng 25k.

  23. junkshop says:

    Huwat? nasa news nanaman.. sikat ang pinoy! lolz! pero mukhang kakaiba na this time, its NBI versus them!

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