The information charges Eng'r. Jesus R. Factor, Ninez Cacho Olivares, Chito L. Lozada, Chris Martinez, Don Cervantes, and Danny Junco with the crime of libel for publishing an article in The Daily Tribune newspaper that imputed a crime or defect upon AMA Computer College. The article discussed an order by the Housing and Land Use Regulatory Board for the arrest of Amable Aguiluz IX, president of AMA Computer College, for refusing to comply with a writ of execution to restore condominium units claimed by Factor. The accused are alleged to have published half-truths that exposed AMA Computer College to public ridicule and cast dishonor
The information charges Eng'r. Jesus R. Factor, Ninez Cacho Olivares, Chito L. Lozada, Chris Martinez, Don Cervantes, and Danny Junco with the crime of libel for publishing an article in The Daily Tribune newspaper that imputed a crime or defect upon AMA Computer College. The article discussed an order by the Housing and Land Use Regulatory Board for the arrest of Amable Aguiluz IX, president of AMA Computer College, for refusing to comply with a writ of execution to restore condominium units claimed by Factor. The accused are alleged to have published half-truths that exposed AMA Computer College to public ridicule and cast dishonor
The information charges Eng'r. Jesus R. Factor, Ninez Cacho Olivares, Chito L. Lozada, Chris Martinez, Don Cervantes, and Danny Junco with the crime of libel for publishing an article in The Daily Tribune newspaper that imputed a crime or defect upon AMA Computer College. The article discussed an order by the Housing and Land Use Regulatory Board for the arrest of Amable Aguiluz IX, president of AMA Computer College, for refusing to comply with a writ of execution to restore condominium units claimed by Factor. The accused are alleged to have published half-truths that exposed AMA Computer College to public ridicule and cast dishonor
REGIONAL TRIAL COURT QUEZON CITY BRANCH _______ PEOPLE OF THE PHILIPPINES, Plaintiff, - versus -
XV-03-INV-11C-01999 CRIM. CASE NO. _______
ENGR. JESUS R. FACTORA
No.25 D. Reynaldo St., Tierra Bella Subd., Tandang Sora, QC
LIBEL
NINEZ CACHO OLIVARES,
CHITO L. LOZADA, CHRIS MARTINEZ, DON CERVANTES AND DANNY JUNCO 9th Flr. GLC Bldg., (Formerly Plywood Industries Bldg.) T.M. Kalaw cor. A. Mabini Sts., Ermita Manila (All At Large) Accused. x----------------------------------------------------x INFORMATION The undersigned accuses ENGR. JESUS R. FACTORA, NINEZ CACHOOLIVARES, CHITO L. LOZADA, CHRIS MARTINEZ, DON CERVANTES AND DANNY JUNCO of the crime of LIBEL, committed as follows: That on or about the 2nd day of March, 2011, in Quezon City, Philippines, the above-named accused, conspiring, confederating with and mutually helping one another, did then and there willfully, unlawfully and feloniously impute a crime, vice or defect, real or imaginary or any act upon AMA COMPUTER COLLEGE, Quezon City, an respected institution in the field of education, and with malicious intent of impeaching its integrity and reputation, cause the publication in a newspaper of general circulation called the The Daily Tribune, quoted verbatim hereunder: HLURB ORDERS ARREST OF AMA CHIEF OVER PROPERTY DISPUTE The Housing and Land Use Regulatory Board (HLURB) ordered in Oct. 11 last year to arrest Amable Aguiluz IX, president of the AMA Computer College Inc. (AMA), for flagrant disobedience, refusal and defiance to comply with a writ of execution issued to AMA by the HLURB way back in October 2004 to restore three condominium units and the amenities of a condominium building and return these to Engineer Jesus Factora, who claims ownership of the properties. Xxx Xxx . Factora, who personally went to The Tribune said that the authorities, such as the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) have failed to carry out the writ of execution of the HLURB issued on October 6, 2004 addressed to AMA to restore the said units and turn over the same to Factora. For more than six years AMA stubbornly refused to comply with the said writ, Factora said.
On March 15, 2005, the HLURB issued a contempt order against
AMA for its refusal to comply with the writ of execution imposing an administrative fine for every day of delay to comply with the writ. On October 11, 2010 the Board of Commissioners of HLURB issued an order for the detention or confinement of Aguiluz pursuant to Executive Order 648. Xxx Xxx and other words of similar import, when in truth and in fact, as the accused very well knew, the same reflects half truth, as some events were omitted, and were publicly made for no other purpose than to expose said institution to public ridicule, thereby casting dishonor, discredit and contempt upon the juridical person, to its damage and prejudice. CONTRARY TO LAW. Quezon City, Philippines, July 8, 2011. ROSSANA MORALES-MONTOJO Assistant City Prosecutor I hereby certify that a preliminary investigation in this case has been conducted by me in accordance with law; that I have examined the complainant/s and on the basis of the sworn statements and other evidence submitted before me there is reasonable ground to believe that the offence charged has been committed and the accused is/are probably guilty thereof; that the accused was/were informed of the complaint and evidence submitted against him/her/them and was given opportunity to submit controverting evidence; that the filing of this Information is with the prior authority and approval of the City Prosecutor. Quezon City, Philippines, July 20, 2011. ROSSANA MORALES-MONTOJO 2nd Assistant City Prosecutor SUBSRIBED AND SWORN TO BEFORE ME this Quezon City, Philippines.
20 th
day of
July, 2011, in
Assistant City Prosecutor
WITNESSES: AMA COMPUTER COLLEGE Rep. by: Joseph B. Usita - AMA Bldg. II, 59 Panay Avenue, QC AND OTHERS: BAIL RECOMMENDED: TEN THOUSAND (P10,000.00) PESOS EACH.
APPROVED BY AUTHORITY OF THE CITY PROSECUTOR: BEN V. DELA CRUZ 2nd Asst. City Prosecutor