Atom Araullo wins damage suit vs. Badoy, Celiz

A Quezon City court has ruled in favor of broadcast journalist Atom Araullo as it slapped a P2-million fine against former anti-insurgency task force spokesperson Lorraine Badoy-Partosa and Jeffrey "Ka Eric" Celiz for linking his family to communist rebels.

In a 27-page decision, the Quezon City Regional Trial Court (RTC) Branch 306 found that Badoy and Celiz abused the right to free speech by red-tagging Araullo.

“The right to free speech is not absolute; it imposes limitations on its exercise to ensure that it will not impinge upon the rights of others. It does not protect defamatory statements,” the court said.

In 2023, the Movement Against Disinformation (MAD) Araullo and his mother, Carol Araullo, became the center of a “red-tagging spree” from early 2022 to January 2023.

The group said Araullo, among other things, was called the “spawn” of an “active CPP Central Committee leader.”

In a tweet, Araullo said the complaint stems from accusations and personal attacks Badoy and Celiz allegedly made against him and his family through their program on the Sonshine Media Network International (SMNI) and other social media platforms.

Meanwhile, the RTC said that the Supreme Court has declared that red-tagging is “a form of harassment and intimidation.”

It said that by red-tagging Araullo, Badoy and Celiz sought to discredit and inflict harm on the plaintiff. 

“Their remarks were aimed at damaging the plaintiff's reputation and credibility, both as a person and as a journalist by associating him with the CPP-NPA-NDF without proof,” it said.

“These labels and remarks went beyond mere editorial opinion or fair commentary and, worse, incited backlash, threats and public hatred toward the plaintiff,” it added.

Aside from this, the court said that the red-tagging disturbed Araullo’s family relations and publicly humiliated him and his mother. It also violated his right to peace of mind.

The court also found that all elements of defamation are present in the case, noting that Badoy and Celiz red-tagged Araullo and that their accusations were broadcast.

Aside from the P2 million fine as nominal, moral, and exemplary damages, the RTC also directed Badoy and Celiz to jointly and severally pay Araullo P10,000 as attorney’s fees.

The SC said all damages are subject to a 6% interest rate per annum from the finality of the decision until full satisfaction.

In a statement, Badoy said she was "unperturbed by this temporary setback," and expected the decision after they were prevented from presenting their evidence.

"I lost this case on a mere technicality in other words. This is great news for a country so deathly tired of the terrorist CPP NPA NDF and so eager to finally rid themselves of this communist terrorist curse. I wasn’t allowed to utter one word in court nor were we able to present any evidence or witness because of this technicality," Badoy said.

"The fight is not over. We have just started. I am standing tall and unwavering as we exhaust all legal remedies until we reach the highest court of the land if need be to score this legal victory for our country," she added.

Meanwhile, in his statement, Celiz claimed that this was expected to be the result of an “apparent miscarriage of justice.”

Celiz said that the court proceeded to have the hearing on the case without giving them a chance to present their testimonies and witnesses.

“The case proceeded while we were being put in a situation of forced ‘absentia’ in court hearings because we were held in default by the RTC,” he said.

According to Celiz, he and Badoy may still avail of appeal processes.—LDF, GMA Integrated News