President Gloria Arroyo with Presidential Chief of Staff Michael Defensor and Secretary Nasser PangandamanA Bad Case to Test Internet Libel or how not to fight a blogger
This is supposedly a test-case against bloggers. The Philippine Star reports: “Paca-Ambung Macabando, provincial prosecutor of Lanao del Sur, issued his nine-page resolution dated March 12 elevating the libel charges against (Blogger Bambee) De la Paz before the Regional Trial Court (RTC) after she failed to submit her counter-affidavit before the deadline two days earlier. Macabando said a careful analysis of De la Paz’s blog titled “The World had Gone Crazy” reveals that there was an intention to “impute a discreditable act or condition.”
“It was a genuine plea of De la Paz to all persons that may have been reading her blog to support her in portraying Mayor (Nasser) Pangandaman and Secretary Pangandaman as cruel, incompetent government officials, without delicadeza and cannot lead to peace,” said Macabando. (italics mine)
I don’t know what “careful analysis” the provincial prosecutor did, but if he is looking for a test case for e-libel, this case should not be it.
Victorina legal adviser and managing editor can help me out with this, but as far as I know, that law states that in every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted.
What could be better motives than seeking redress and/or making public officials be subjected to the highest standards of decent behaviors?
The daughter just saw her father and her brother engage in a violent brawl. It is not clear now who actually instigated it, but the truth is that two politicians were involved. Bambee told her story, asked for prayers and begged for justice. The two politicians were public figures – one at present is an elected official, the other a Cabinet Secretary.
They are public figures, as such their behaviors should be subjected to scrutiny, how much more their involvement in a bloody fight, in the grounds of a posh golf club, during the holidays!
Bambee de la Paz used the best tool to put across her message for free– the blogworld. Nobody is stopping the two politicians to reply to her version of the story in the same platform. On one hand, I am bound to agree that the Pangandamans were tried in the court of public (online) opinion and were judged as guilty even without hearing their version of the story.
I was hoping that they, the Pangandamans, would have bombarded the internet with their own version and allow the internet community to make up its mind. Delfin Montano appeared in national television to refute Brian Gorrell. He gave us an opportunity to think twice about the case and to make up our minds.
Filing a case of libel would only result to at least any of these things:
a. It will aggravate the public sentiment that the Pangandamans are bullies, and this time they are using the courts to overpower a young lady blogger.
b. It will cement the case that the older Pangandaman cannot be an effective peace advocate as he can’t even negotiate peace with a single family, and would resort to the aid of the law to prove his point.
c. It will open a new round of anti-Pangandaman sentiment among bloggers. They might be able to threaten the Philippine-based ones, but the global bloggers can take that case to a wider arena.
d. Has the PROVINCIAL prosecutor ever thought of the principle of domain.
All of these risks for what?
Just to test a case of internet libel?
Good luck if he will win.
But this is certain – the Pangandamans will lose once more in the court of public opinion.
The submission of the case and the issuance of a resolution a mere TWO DAYS after Ms. de la Paz failed to submit her counter-affidavit is, by any standards, WRONG! If anyone noticed, Ms. de la Paz is Manila-based. The case was filed in Lanao del Sur. Normally, the prosecutors will give a respondent at least another opportunity to answer the charges, especially in a case as serious as this, which involves a prison term. There are loads of questions to answer now.
First, did Ms. de la Paz even receive a notice? It is, after all, some distance from Lanao del Sur to Manila. Was Ms. de la Paz given adequate opportunity to answer?
Clearly not, because the Resolution was completely done within TWO days from the last hearing. Quite a hard-working prosecutor we have here. Most prosecutors take full advantage of the ninety day period they have to resolve a case. This prosecutor doesnt seem to have any other cases.
Am I saying the prosecutor is on the take? No.
But certainly the entire proceedings seem out of the ordinary and seems to take undue advantage of the distance of Ms. de la Paz' residence to the venue of the proceedings.
Fast break, anyone?
Big mistake. Again!
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Pls Print!
DAR Chief Nasser Pangandaman Appeal to Bloggers :Since Bambee’s blog, the story about the incident in the golf club spread through the Internet.Bloggers condemned and some even put up a signature campaign for the Pangandamans’ resignation.Pangandaman said his family is hurting because of the bad picture being painted on his name and family. He appealed to bloggers to stop accusing them on the Web. The secretary even warned bloggers against karma.“I appeal to the bloggers to stop this. They also have their families, they have parents and siblings. Our family is already hurting. I hope this doesn’t happen to you (bloggers),” the secretary said.
And here is my appeal to you:
Yes, DAR Chief Pangandaman, I hear you and I am just waiting for an Official Statement from your son Mayor Nasser Pangandaman, Jr. I only have unverified statements that did not come from your camp. Should Mayor Pangandaman not speak for himself? In the quest for fairness, I would also like to share the Mayor’s Official Statement to my readers.
I know your family is hurting just like the de la paz family. I hope that you allow justice to take its full course once the Prosecutor sees the charges on January 5. It is not surprising that some of us are calling for a signature campaign for a Pangandaman resignation. It is difficult for me to comprehend the fact that a 14 year old boy was beaten up not ONCE but twice.
Even if you say that Delfin de la Paz provoked you, the facts (based on incident report) are and which has to be proven in the Court of Law that :
1. a 14 year old had a bloodied ear and bruises on his face. (Possible violation of RA 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act)
2. You and your sons are public servants that should uphold the law. (Possible violation of Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees)
Nasser you are public servants that should uphold the law...
Pia Cayatano says whatever the story is, whatever versions there are, there is no justification for beating up people.. and a child! There is no excuse for such brutality. No one has the right, not even a public official to take matters into his own hands. In fact, a public official should be the first to maintain peace and order. Public office is a public trust. And the public officials involved here should make themselves available for investigation.
Nasser vs Amiel 3 rounds boxing...Betterer?
I am actually trying to find if this Pangandaman have the following:
1. Tolerance
2. Knowledge of law (including cyberspace)
3. Diplomatic skills
4. Pubic, este... Public Relation skills.
I can't see it.
Pangandaman got the power and the money.
What do you expect? deny and deny….
HEY A 14 year old had a bloodied ear and bruises on his face... I don't get it. Pagdangaman has the nerve to sue? KAPAL!
Blogging today is much different from blogging four or five years ago. Five years ago, blogs are like Twitter today: the medium is there and you’re still figuring out how to use it, so you publish just about anything, such as the crappy movie you and your girlfriend are watching or the hot chick you are ogling at the supermarket counter.
But is this all that we can do with a medium so evidently powerful?
Today, blogging, apart from being both a narcissistic and cathartic exercise of self-expression among millions, is a potent information tool.
A 14-year-old and a 56-year-old challenging a politician to a fist fight in the presence of their bodyguards? The best thing the Pangandamans could have done was walk away, if indeed the Dela Pazs were challenging them. Beating them to a pulp was not the answer as the Dela Pazs were civilians, unarmed and terribly outnumbered. You just don’t hurt people if they do not try to hurt you, physically.
It feels like the Pangandamans are standing beside a gas tanker with a lit matchstick.
hope someone sues dv next...
people... i think you should ask the reputation of the dela paz family... again, this story is one sided... i am not connected with the pangandamans... but i think there is much more to this story than what the blogger posted...
If I've said it once, I've said it a thousand times...
Laws that treat libel as a criminal matter, as in the Philippines, are STUPID STUPID STUPID! Libel should be a purely civil matter.
Any state that pretends to allow freedom of expression and yet criminalizes libel is hypocritical.
The best defense is walking away.
anon 132... the article is not about De La Paz or Padangaman. It's about SUING BLOGGERS.
Comprende?
A CABINET SECRETARY SUING A TEENAGE GIRL WHOSE 14 YEAR OLD BROTHER WAS BEATEN UP? PATHETIC!
Nasser you are public servants that should uphold the law...you should protect and serve especially 14 year olds!
The secretary even warned bloggers against karma.“I appeal to the bloggers to stop this....
WHAT HE WANTS IS TO SUPPRESS OUR RIGHT TO FREE SPEECH!
Anonymous said...
Nasser you are public servants that should uphold the law...
March 24, 2009 10:52 AM
Whose Law? They think it's right to slug a KID.
==============================
james said...
Nasser vs Amiel 3 rounds boxing...Betterer?
Betterer!!!! And let Atty. Trixie be the Round Girl.
==============================
Johnonymous said...
I am actually trying to find if this Pangandaman have the following:
1. Tolerance - Obviously they don't have it.
2. Knowledge of law (including cyberspace) - What Law? They think they are the law in their part of the boondocks. Sad they brought it with them to Luzon
3. Diplomatic skills - Tell that to Bambi's 14 year old brother who was beaten TWICE amidst his pleading.
4. Pubic, este... Public Relation skills. - As far as public relation skills is concerned, they probably have one rule. "Don't mess with us in pubic, este... in public."
I can't see it. - Neither can I Johnonymous, neither can I.
=================================
Anonymous said...
It feels like the Pangandamans are standing beside a gas tanker with a lit matchstick.
March 24, 2009 11:47 AM
I hope the gas tanker has leaks. KABOOOM!
=================================
Anonymous said...
hope someone sues dv next...
March 24, 2009 11:53 AM
Oh a hater! Is tat chu?
================================
Anonymous said...
people... i think you should ask the reputation of the dela paz family... again, this story is one sided... i am not connected with the pangandamans... but i think there is much more to this story than what the blogger posted...
March 24, 2009 1:32 PM
I said before that this was another case of "KILALA MO BA KUNG SINO AKO?" on both sides. But I can't reconcile the fact of a grown man beating up a kid in public. THERE ARE SPECIFIC LAWS ON THIS. I would love to hear how the Pangandaman's will defend themselves in the courts.
==================================
Anonymous said...
If I've said it once, I've said it a thousand times...
Laws that treat libel as a criminal matter, as in the Philippines, are STUPID STUPID STUPID! Libel should be a purely civil matter. - I AGREE!
Any state that pretends to allow freedom of expression and yet criminalizes libel is hypocritical. - Eh ano pa nga ba?
March 24, 2009 2:09 PM
=================================
boldstar said...
The best defense is walking away.
They did after the first round, but they were pursued and beaten AGAIN in the clubhouse.... TSK TSK TSK.
The secretary is supposed to be one of the negotiators for peace in the current conflict in Mindanao and yet he could not negotiate for peace between his son and alleged victims who were mauled, not only once, but twice...
Many in power right now are too madly intoxicated with power that they don’t already know what they’re doing and the consequences of what they’re doing.
But the middle class will do something like short of People Power. Certainly, the Philippine blogosphere is already on fire.
KEEP BLOGGING !!!
Unfortunately for OLD-SCHOOL politicians and media personalities like Nesser and Tiny Tim the Internet is a vastly different ballgame that they don't dare venture into.
A different set of persuasion and influence techniques mastered by Dona Victorina and her collaborators.
For one thing the TRAOS may be the power-brokers off line; with TV, PRINT and RADIO.
Online, however, DONA VICTORINA rules.
SO GOOD BY TRADITIONAL MEDIA!
Anonymous said...
hope someone sues dv next...
March 24, 2009 11:53 AM
_____________________________
Why don't you make the first move?
james said...
Nasser vs Amiel 3 rounds boxing...Betterer?
Betterer!!!! And let Atty. Trixie be the Round Girl..
Bwahahaha!
Anonymous 5:25 said...
what do you expect from a muslim?
i didn't highlight this to agree...but i'd be happy to see other muslims come out and tell us that people like the pangandamans are giving them a bad name.
This is very rampant amongst govt officials who think they rule the Philippines and yet they dont understand that they are PUBLIC SERVANTS!! Even their kabits the office (e.g. staff or secretaries) have the same attitude and make use of government resources (saan ka naman nakakita na secretary ng isang govt official may naka-assign na car and driver!!).
Go DV!! Bring them down!!!
The Pangandamans are like the bullies in the playground.
agree with boldstar....
the pangandamans should just walk away.
the de lapaz should just walk away
enough.
but the hoodlums will never understand that walking away is not a defeat....
pangandaman PAK OP!!!! haha
Moro politicians tend to surround themselves with armed goons and are instinctively paranoid toward other people. Coupled with the fact that holding a public office can screw up your sense of yourself ; you tend to internalize the idea that you are a very important person, one who is untouchable and feared ; these politicians become arrogant and offensive. Power and guns usually have that effect on a person.
A person who resorts to violence only shows his puny brain that cannot handle civilized discourse and instinctively reacts like a horde of wild untamed animals... GO BACK TO MARAWI!
Another Muslim warlord and fanatic of violence. Dapat kapunin ang mga yan para mawala pagmacho nila.
These MOROS should be made to pay. Duwag ang mga yan in an even battle. Puro lang intimidation ang alam pero ma korner mo pati Nanay nila ibebenta.
Secretary Pangandaman is typical of the worst type of politician… the one with the tyrannical warlord mentality. I hope that he and the rest of his ilk burn in the fires of hell… forever!
Haven't you noticed that in today's time and age politicians tend to deny everything?
Just look at lacson trying desperately t ocover his tracks on the Dacer-Corbito double murder case.
When you listen to his comments, he sounds pathetic doesn't he?
The same with the Pangandamans. They will use every tool to harass and intimidate you.
Fear not Bambee. If the courts had any sense in them, they will dismiss the case. Otherwise, you can always appeal the case and humiliate them once again.
Kudos to fearless journalism!!!
good early morning to all,
we the members of PETA or People for the Ethical Treatment of Assholes, are here to protest the unethical treatment of the Nasser Asshole family..We believe that Bambi despite her cute name has violated the rights of the Nassers by posting her World gone crazy blog. The Nasser has suffered much because of Bambee's blog due to the following reasons:
1. The Nasser family do not know a thing about blogging.
2. The Nasser family do not have internet connection.
3. The Nasser Family are very sensitive as proven by the fact that they allowed their thugs to beat a teenage boy.
4. Because of Bambee's damaging blog the Nasser family is assured of martyrdom and will be given 72 virgins each when they go to paradise, plus free Sari-sari shirts and exclusive membership to the Paradise Country club.
We will file a petition for the following penalties to be implemented:
1. as punishment for the horrible blog , Bambee and her brother will have a mixed martial arts match with all of the Nasser bodyguards.
2. Bambee will have to tutor the Nassers on how to blog, so they can post their side of the story and hopefully get everyone's sympathy too!
3. Bambee will have to add the Nasser's on her friendster, myspace, facebook and multiply accounts
4. Bambee will need to post an apology and it has to be nine pages too like Paca-Ambung Macabando's resolution.
5. The De la Paz are banned from playing "sosyal" sports especially golf. They are only allowed to play chipipay sports like badminton, and they are condemned to wear baduy badminton apparel like the skimpy white short including Bambee's Dad
6. Because of Bambee's unacceptable behaviour she will need to be confined in the mental institution popularly known as Ateneo de Manila and be forced to finish a Master's Degree (sheeet ang tagal nun)
Thank you
Hermes Gang Secretary
Your article is titled "Pagdangaman takes action against Bloggers" and surely there is something wrong with that last name.
Isn't that supposed to be "Pangandaman". The writer seems to be pedantic but made a mistake on the person's last name. Is this a sure way to avoid being sued?
You all seemed to be waging war here. Talking to Muslims in this manner and commenting scrupulously will definitely put this blog on the map of cyberspace. Those Muslims are Filipinos too. You all wanted war. Be careful what you wish for, as they will stand on their principles.
Fearless journalism will not take you anywhere but jail or somewhere else. I am not a Pangandaman but just speaking for people who wanted to. Don't attack me. If some of you are in media or in communications then the more you should see some aspect of things. See the personal, legal and cultural aspects whether it is Bambee's - the Pangandaman's - the Muslims in Mindanao and every Filipinos concerned or the ones shamed by some foreigner just on vacation.
It is fun to be young and juvenile but if it will just take you to court - then it is no fun at all.
Victorina will not be a party to any religious hatred or bigotry. Anti-Muslim comments have been taken down and will, henceforth, be rejected outright.
This should also serve as fair warning to commenters who make no contribution to the discussion and yet insist on posting personal vitriol.
"Fearless journalism will not take you anywhere but jail"
The purpose of airing incidents like these is to serve the ends of justice -- punish the wrongdoers and compensate the victims, if any. The blogosphere has provided a venue for free speech and equal opportunity to be heard without the editorializing of big business interests in mainstream media. But the objectives remain essentially the same, getting to the truth.
We don't hide under a rock when the going gets tough, and yes the possibility of prison does loom over all of us when we push the envelope. But standing by and doing nothing is not an option.
We live in a society that purposely (or ought to, anyway) give us free space to air our grievances and our views. If we use that free space to help someone obtain justice, then we are ensuring the highest ends of this democratic project.
hey CLARIFICATION;
I CAN ATTEST FIRST HAND THAT there are many muslims in the autonomous region that are good upstanding law abiding citizens. As a former student of Mindanao State University I have been helped by many in the community regarding our security such as intelligence on kidnapping that is AVOIDING certain buses to go down from the mountain etc.
so it makes me sad that because the Pangandamans are muslims, commenters judge the whole of Lanao del sur as such. yes there are lot of people like that in Lanao, but we cant judge everyone. I hate it when i get judged abroad just because I am a Filipino descent.
BTW a quick geographical lesson:
the Pangandamans are not from the manaranaos of marawi. Marawi is on the other side of the lake towards the northern del norte boundary and Masiu municipality is in the southern cotabato/ maguindanao side. Because of their history they consider themselves royalty - as in Masiu is one of 16 royal houses of Lanao.
because of this they are feudal with guns and goons preserving their powerbase in the autonomous region. no difference from the warlords of Somalia.
peace lang
bwhahahaha!
Because of Bambee's unacceptable behaviour she will need to be confined in the mental institution popularly known as Ateneo de Manila and be forced to finish a Master's Degree (sheeet ang tagal nun)
A punishment Bambee will be forced to study in Ateneo de Davao and wear a veil!
Warlordism is soooooooo 1960's! No one will vote for a thug. My gash sooo Roquito Ablan diva Amiel?
I am both a lawyer and a golfer. Just as Ms. De La Paz has all the right to post things in her blog, the Pangandamans, or any citizen for that matter, has all the right to seek redress in an avenue afforded to them by law. I see nothing wrong with filing a libel case in Mindanao. The law is clear, a criminal case shall be instituted in the place or locality where the crime, or part of it, occurred. In this case, the article in question was posted in the internet which could be read anywhere in the world including Lanao Del Sur. Should the Complainant decide to file it there, it was within their right to do so. Now, if I were the lawyer of the De La Pazes, I would just file a motion so that the venue of the case be moved to another place -- say Metro Manila.
Anyway, do you notice how a great majority of Pinoy golfers seem to take the side of the Pangandamans? I myself have no love lost for this corrupt administration. However, the very act of the De La Paz father allowing (some say instructing) his kids to hit their golf ball towards the direction of a flight (group of players) who are ahead of them is a great cardinal sin in golf. Ms. De La Paz may think that her family was aggrieved but I think her father's hands are not at all as clean as she purports it to be.
As Kitty Go would say..... yun lang powww.
Peace!
TED---> however you want to interpret the blog, i have no qualms... i was replying to the other comments... sheeeesh... so defensive about the blogger... family friend ba yan?
So should "warlord mentality" be accepted in our society?
I say, "Hell, no!" regardless of religion or ethinc background.
If protecting "warlordism" divides our principles, so be it.
Zipppo the issue is not who is right or wrong. The issue is suing BLOGGERS for LIBEL.
That prosecutor from Mindanao must be very smart or just crazy!
POW!
hoy! Paca-Ambung Macabando prosecutor of Lanao del Sur are you the classmate of John Resado from FEU! Para kayong kambal sa katalinuhan!
Zipppo,
totally got your point... and i would like to make it clear that anyone, blogger or non-blogger, should be responsible for what he/she writes...
i do not buy the claims of the other people who comment here that the blog was about "blog and libel"... there are specific issues in this case that we cannot leave out to be simply packaged as "blog and libel"... if at all, this should serve as an eye opener to us bloggers that we are not untouchables (as ironic as it might sound for this case)...
i think it is important for people to ponder on why the penalty given to the dela paz family was outright suspension of their membership from the club... obviously, they must have been at least 51% to blame for the whole ruckus... if anyone of you should ever find out what really transpired, you might even start a blog on the dela paz...
if we simply blog whatever we want to favor our side, or just to ruin someone's reputation, then i think the aggrieved party should have a right to sue for libel, just as much as the dela paz family have a right to sue for child abuse...
Zipppo and Anon 632
If you had a 14 year old son at binugbog ng mga goons OK lang. Hoy kahit anung bastos ang bata di pwede bugbugin. They only do that in LANAO!
effing good-for-nothing bullies, them pangandamans wuz-zeir-name. serious case of fly on top of an effing water buffalo :p I'm one of the bloggers who will definitely take this to another level, see how Philippine politics lacks class when it comes to power-play (which is already a classless act btw).
james,
I would say that it depends. If my son was asking for it (like provoking the other party or showing utter disrespect), then I'll tell him that he should take the consequences of his action like a man instead of running under the "palda" of his elder sister. This, of course, does not mean that I condone the actions of the Pangandamans who should have given a little more patience towards the petulance of the De La Paz father-and-son.
Anon 6:13,
The issue I am driving at IS precisely the criminal case of Libel against Bloggers. Why should the law hold print journalists to a different or "stricter" standard than internet bloggers?
Well Zipppo you are WRONG!
1. Pagdangaman had bodyguards.
2. Pagdangamans are public officials.
3. Pagdangaman is clearly in cahoots with the parochial prosecutor.
_____
THE CASE WON'T go ANYWHERE!
1. parochial prosecutor has to sue the PUBLISHER- Google! Tough Luck.
2. malice is absent. any daughter would fend for her younger brother and father.
3. the blog is her personal diary- just like Zipppo can have a diary of his sexcapades.
4. pagdangaman's are known to sport bodyguard ANYWHERE they go... I've seen them!
plus Muslim... I have to say this!
NUF SAID...
Zipppo to make it simple how can the case prosper when the DOJ SECRETARY (the boss of the parochial prosecutor)does not even know how to email?
GET IT!
fabulous smokescreen...let's forget about the real issue...siyempre naman, people will be too busy talking about the politicians bullying the sister, they might just look away from the actual crime here...wala yang pinagkaiba sa smokescreen ng aswang pag may election...
In case anyone is interested, here are the 3 versions of the De La Paz-Pangandaman Valley Golf Incident. The 1st Version is the De La Paz Version. The 2nd Version is the Pangandaman Version. The 3rd Version is the Finding of the Valley Golf Club Fact Finding Committee.
I. MS. DE LA PAZ'S VERSION AS APPEARING IN HER BLOG:
"The world has gone crazy.
So, I just had the worst day of my life.
At around 1:30 PM today, at Valley Golf and Country Club, Antipolo City, Mayor Nasser Pangandaman, Jr., Mayor of Masiu City, Lanao del Sur, his father, Secretary Nasser Pangandaman of the Department of Agrarian Reform, and company, beat my defenseless 56-year-old dad and my 14-year-old brother to a pulp because of some stupid misunderstanding on the golf course.
This is a golf course. I have been a golfer all my life, and I have never seen anything like this. NOTHING. This is hard to comprehend. And it happened to my own father and my own brother too. Right in front of my eyes.
My brother and I were playing golf at the South Course of Valley. We were on the 3rd hole, and we see two golf carts going past us, overtaking our flight, and setting up to tee off on the next hole. My dad goes up to them and asks them why they would do that, why they would overtake us without even asking for our permission. Golf etiquette 101. One of the guys says that they're with the flight in front of us. (So what? That doesn't give them the right to just pass us WITHOUT asking.) So, we go to the 5th hole. The flight behind us catches up with us, and asks us what caused the hold up. We said that this flight just slipped in front of our flight. So we complained to the marshall. We play the 5th hole and walk towards the next hole, where there is a teehouse, and both the flights in front of us were there, talking with the marshall. The mayor of Masiu City, Lanao del Sur talks with my dad. Things get heated up. Voices were raised. But never, in my wildest dreams, did I ever imagine that someone would pull out a punch. Apparently not. He attacks my father. His flightmates, maybe 2 or 3 of them, rush to his aid and beat up my father. My 56-year-old father. My younger brother and I could not just watch. We rushed to break the fight. My younger brother pleads to the mayor to please stop it. To not hurt my dad. To just stop. His words still ring through my head..."Sorry na po, sorry na po...tama na...tama na po..." With his hands in front of his chest in a praying position. PLEADING. The mayor socks him in the face. My brother defended himself. My dad is still on the ground getting clobbered. My brother is the same way. I try to stop the fight, but all I can do is stop one person. There were 4 or 5 of them attacking now.
Someone breaks up the fight. I thought it was all over. The mayor shouts to his caddy: "Hindi nila kami kilala! Sabihin mo nga sa kanila kung sino ako!" And believe me, I had no idea who this person was. But now I know. He's the person who, with 4 other men, beat up my 56-year-old father and my 14-year-old brother. He's the person who sacks a pleading 14-year-old kid in the face. He's a person who, I am sure, is gonna rot in hell.
I lash out, but my dad held me back. I was screaming my lungs out, shouting to this mayor, telling him about what he had done. I said: "Nakakahiya kayo. Singkwenta'y sais anyos ang tatay ko. And kapatid ko kakatorse anyos. Anong ilalaban nila sayo?"
The mayor looks at my brother, point to his face, and says, "Tatandaan kita!" And he tells me that my brother has a bad attitude and that I need to watch him. WHAT THE HELL?! So, my brother's bad for defending his father?!
We leave. We walk to the clubhouse to file a complaint. My brother asks for a doctor. My dad could barely walk. Their group comes to the clubhouse, sees my brother. Once again my brother pleads, says sorry, and is crying. He was CRYING, for crissakes. But no. The relentless mayor still punches him in the face, and then sees my dad and goes after my dad again. Him and his friend pull my dad to the ground, pulls at his feet, and steps on him like he's dirt. I run to him and try to hold him back, holding him back by his shirt, while this other guy and this girl tries to stop me. She tells me to just stop it. I scream in her face "they're beating my father up and you want me to stop?!" I pull at his shirt--I don't let go. All I can see was my dad being trampled on. I didn't even see my brother getting beat up.
People pull them away. I get my dad, and I saw my brother. His right ear was bleeding. I freaked out. I told the receptionists to bring my brother to the clinic. I pull my dad away. People were separating us.
My mom and my older brother come. I tell her Bino's right ear is bleeding. They both look like they could kill. My dad holds my brother off, I hold off my mom. When I finally got my mom under control, my older brother gets away and I hold him off. Two of the mayor's bodyguards pull out guns. I embraced my brother from the back, just holding him back, crying. The receptionists came to us, crying, hugging me, my dad, and my mom, whispering to us to just leave. "Maam, umalis na po kayo, may mga baril sila...Maam...umalis na po kayo please..."
I am pretty sure the Secretary of DAR did not take part in the fight, but he just watched all this happen. He watched two of his sons, as we figured out, the other guy was his son, too, beat up my father and my 14-year-old brother. He didn't do anything to stop it. And this person is what now? A cabinet member. A politician.
Sounds like something out of a movie, doesn't it? But this is what happened. TODAY. The day after Christmas. To my family. And all I ask for is JUSTICE. The people at Valley Golf did not seem to want to help us. None of the security guards even tried to stop the fight. Right in the clubhouse. I came back after the fight was over and talked to the receptionists. They say they did not see anything. The general manager of Valley Golf would not give us the names of the men who made my brother's ear bleed. It took him an hour. Maybe even more than that. He seemed to not want to help us. Because, we were against the SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM and the MAYOR OF MASIU CITY, LANAO DEL SUR. They were all scared.
The world has gone crazy. Two politicians beat up a defenseless 56-year-old father and his 14-year-old son. At a golf course. I swear to God, I thought golfers were decent people. You would think politicians were decent people. I guess not. I guess they gang up on 56-year-old men and beat up pleading 14-year-old kids.
Please pray for my dad, my brother and for my whole family. Please pray that we get JUSTICE. Oh God, please, give these people what they deserve."
II. VERSION OF THE PANGANDAMANS
"On December 26, 2008 at around 11:00am, our group composed of Rene Maglanque, Sec. Nasser Panagandaman, Arnel Estacio and Atty. Faisal Abdullah registered to play with the Valley Golf on the first (1st) flight of our group. The second (2nd) flight was composed of Hussein Pangandaman, Adnan Pacasum, Nasser Pangandaman, Jr. and Farah Locsin. We also registered the eight year old son of Hussein named Angelo Pangandaman whom they cannot leave behind the clubhouse as there will be no one to take care of him.
Nasser Pangandaman, Jr. and Farah Locsin were late. They caught up with their flight (2nd) at hole no. 4 accompanied by a marshall and their caddies riding on two golf carts and in the process overtaking the flight of Mr. Delfin de la Paz who reacted by protesting what seems to be an overtaking of flight. Nasser Jr. explained to the elder De la Paz that they will just catch up and join their flight mates at hole no. 4. He further explained that they, who like them, had earlier lined up to play and were pre-registered. With the said explanation, del Paz replied "Okey, kortesiya lang."
When the 2nd flight of Nasser Jr. already played hole no. 4 which is a par 3 and Nasser Jr. was still outside of the green trying to pitch his ball into the green, the flight of dela Paz hit their shots into the green which almost hit Hussein without shouting "Fore!". Surprised, though sensing trouble which they deemed to choose to avoid, they allowed the other Dela Paz player to hit his shot so they can peacefully resume and concentrate on their playing. At this point, the caddy of Nasser Jr also took the 8 year old Angelo to stay behind the golf cart to avoid being hit by golf balls coming from the dela Paz players.
On the next hole which is hole no. 5, after the 2nd Pangandaman flight hit their drives into the fairway and before they could hit their second shots, again the dela Paz players hit their drives without warning by shouting "fore"! the 2nd Pangandaman flight puzzled and surprised asked themselves why the flight behind them were doing this to them since they could be hit by their golf balls. One caddy even said, "Ano ba yun?"
When the 2nd flight reached the green of hole no. 5 and after holing out, they joined the 1st flight of Sec. Pangandaman and took their snacks. While doing so, the marshall approached and told Nasser Jr. that the dela Paz's were complaining why they were 5 of them in their group and why they overtook their flight. Nasser Jr. reiterated to the marshall what he explained to the elder dela Paz, which his knowledge the former already accepted his explanation.
Later, unconvinced even after the marshall relayed to him that there were only four (4) and not five (5) in their flight, and that they were not overtaking as they just had to go back to the clubhouse and later join their flight.
The elder dela Paz came and approached Nasser Jr. already agitated and pointing saying, "Mali ka! There were two carts in your flight and you overtook us!" Nasser Jr. answered, "Akala ko po, Sir, nagkaintindihan na ho tayo kanina".
Explaining about them not overtaking yet elder dela Paz was not convinced , and at the top of his voice said, "Putang ina ka! Member ka ba dito, ha?, Hindi mo ba ako kilala?"
Nasser Jr. patiently and respectfully explained again to him their side, even using "po" and "Sir" – as a sign of respect without revealing that he is the Mayor of Masiu, Lanao del Sur, and replied, "Bakit po kayo sumisigaw? Hindi po tayo nag-aaway".
The elder dela Paz reacted, "Ikaw ang naghahanap ng away!", while pulling his umbrella and thrusted the pointed part and hit the belly of Nasser Jr., while the latter was backing up.
The marshall tried to intervene but the elder Dino dela Paz pressed on which prompted and led Hussein to defend his brother. Dela Paz punched Hussein and they engaged in a fist fight.
Meantine, Nasser Jr., prevented the two (2) younger dela Paz from joining the fight by saying, "Awat na, Awat na". but they got away from him and went in between their father and Hussein. The two young dela Paz was able to hold Hussein preventing him to reach the elder dela Paz as if "umaawat". Yet, Bino Lorenzo dela Paz kept punching Hussein in the face and Marie dela Paz from behind kept on scratching his face.
In one instance, the elder Dino dela Paz took hold of a golf club driver and tried to hit Hussein. But, Rene Maglanque was able to get hold of the driver's shaft and took it away from him.
Later on, Sec. Pangandaman, Rene Maglanque, and another golfer from another flight pacified everybody and asked the dela Paz's to just leave them to prevent further trouble. Delfin dela Paz called someone in his cellphone and we heard him say, "Punta kayo ditto! May away kami!"
The dela Paz's left. And, after about ten minutes, our group also discontinued playing and went back to the clubhouse. When Hussein was hurrying up to the bathroom to relieve himself and wash his wounds, the elder Dino dela Paz accosted him and warned him in a threatening voice, "Ikaw mag-ingat ka! Hindi pa tayo tapos! Gagantihan kita!"
Blocking is way to the locker room, Hussein replied, "Hindi ka pa ba umaalis? Sumusobra ka na", the young Bino Lorenzo went in the middle saying, "Huwag po, fourteen years old lang ako", and yet having his fist ready to give him a punch.
Hence, Hussein defended himself and the three engaged in another fist fight. Maridel dela Paz came from behind Hussein and started scratching Hussein on the right cheek, the neck, and ear, while pulling and tearing his shirt.
Immediately after, they were prevented from further engaging in a fist fight by those present in the clubhouse, the security and other golfers. But the elder dela Paz still shouted "Gaganti ako. Hindi pa tayo tapos."
The rest of the dela Paz family arrived, with the eldest son carrying a baseball bat. The wife in "duster" with a bladed weapon in hand, as if ready to assault Hussein. They were likewise prevented by the clubhouse security and other golfers present.
At this point, Sec. Pangandaman told his sons to leave already and the dela Paz's to stop and leave, so that no more untoward incident would happen. Soon, we also left but we had to leave through the parking exit because the dela Paz family was waiting for us at the clubhouse lobby."
III. VERSION BASED ON THE INVESTIGATION OF THE VALLEY GOLF CLUB FACT-FINDING COMMITTEE AS RELAYED TO PINOYGOLFER.COM (The Philippines' foremost Golfing Website; n.b. Please note that, at the start, the readers and followers of pinoygolfer.com were solidly behind the De La Pazes until the Valley Golf Fact Finding Committee released its report. Thereafter, a great majority are now of the conclusion that it was the De La Pazes who started the fight but both parties are to blame for the melee which ensued).
"I just spent some time with the head of the fact-finding committee. He has submitted all pertinent facts to the board and leaves it to them to make the necessary decision based on all the facts. I will outline the facts to you as it was outlined to me. Rest assured that the facts were obtained from all parties involved and all witnesses at each incident site. The statements were obtained both by the valley fact-finding group and by the NBI as well. Testimonies were recorded, verified, and re-verified. Fortunately for the parties involved, there were always witnesses to give supporting statements on the events as they occurred.
I will compose the outline shortly as it will be lengthy but just to whet your appetite or get you thinking, you will be quite surprised with the findings. Let's put it this way, the people we thought of as villains weren't quite what they were depicted to be. and the supposed protagonists may have yet been quite as factual in their testimony as it turns out to be. Even our 14-year old isn't as innocent and "prayerful" when all the details come out. just give me a few minutes....
In the interest of making sure that no facts might be left undisclosed, I will take it upon myself to start from the very beginning. Firstly let us start by saying that on or at about 12:40 p.m., the party of the Pangandaman's registered at the starter's area. They registered for 2 flights comprised of 4 individuals per flight. Unfortunately, they still had 2 members of their group that had not yet arrived, so they initially tee'd off as 2 successive threesomes. The starter and marshall were informed that the 2 individuals that had not yet arrived would just catch up with them in the fairway. On or at about 1:05 p.m. the Dela Paz group registered initially as a twosome but since this isn't normally allowed, they registered as a 3-some even if the elder Mr. Dela Paz was not really going to play.
When the Dela Paz 3-some was playing on hole number 3, they were passed by 2 golf carts containing Mayor Pangandaman and his companion (in one cart) and the caddies being brought by one of the starter personnell. The Pangandaman's did not ask permission to drive through because they did not want to disturb the Dela Paz's who were in the middle of the fairway. Upon reaching the green of the 3rd hole, Mr. Dela Paz asked the caddie why the people in the cart just went through. Mayor Pangandaman who was already positioned at the 4th hole, personally informed Mr. Dela Paz that they were part of 2 foursomes. At this point, Mr. Dela Paz said "ah okay, courtesy lang naman". This was verified by the caddies. Mr. Pangandaman said that he did not disturb them anymore because the player was about to hit. At this point, Mayor Pangandaman thought everything was okay so he proceeded to the 4th hole (Par 3) where his other flightmates were. In the records it says that Mr. Pangandaman was not yet even done pitching into the green when a ball landed near his 8-year old child so they immediately made sure the child was secured in the cart. ( For those unaware of the common practice at Valley Golf, on every par 3, the group behind you is signaled to hit into the green once everyone from your group is already on the green) Until you have been cleared to hit by the group ahead, you should not hit into the green. It is common sense and basic precautionary procedure.
In this particular case, we have no corroborative testimony. One set of caddies say they were given clearance, while the other say that no clearance was given as of yet when the ball/s had landed.
The Pangandaman's claim that the same situation happened in the 5th hole (Par5). Even the caddied confirmed this. At this time, Bambee Dela Paz had called the Marshall to tell him that the flight behind them was complaining about why their pace was slow and that the cause of the delay was the 5-some in front of them. Shortly thereafter, a marshall on his motorcycle appeared and approached the Pangandaman's and asked if they were playing as a fivesome to which the Mayor said no. "We are 2 foursomes". Nonetheless, the Pangandaman's had already agreed among themselves that they would rather the Dela Paz's play through. The Mayor was even quoted saying to his Father. " magagaling yung mga bata at malakas pumalo, baka mabagalan sa atin" They informed the marshall that they would just let the Dela Paz group play through and the marshall informed the Mr. Dela Paz of this. ( Just as an aside, the investigative group actually asked the group behind Dela paz if indeed they had complained about the slow down and the group said that the y said no such thing to the Dela paz flight. They were not even in contact at anytime before they arrived at the tee house to see the fight and eventually help stop it) When the Delapaz group reached the green of hole 5, the caddies of the 2 kids gave them their drivers so that they would waste no time playing through. The Mayor, who at that time was sitting along with their companions, stood up to personally tell Mr. Dela Paz to play through. Caddies, and the tee house server claim that the Mayor told Dela Paz na "Mauna na ho kayo" and walked to approach Dela Paz, The response of Dela Paz was "Huwag mo akong pagtaasan ng boses" Dela Paz began to question the Mayor why they were playing as a fivesome. The Mayor said that this was not the case but Dela Paz was insisting and even said (again corroborated by the caddies) "Linoloko mo ba ako?" "Member ka ba dito, Kilala mo ba ako?" (as you can see, this question did not come from Pangandaman. In fact, in the recorded testimony, this is exactly what Pangandaman claimed delapaz had said to him and yet in Delapaz' recorded statement, he never said that the mayor asked him " kilala mo ba ako" Completely different from when the media was already involved.
When Delapaz was posing the above question, the mayor was heard to say. "Sandali lang, hindi naman tayo nagaaway dito. Akala ko ba naayos na natin yung issue kanina sa hole 3? At about this point Delapaz closed his umbrella and then poked the mayor on his stomach using the pointed end ( some caddies say Dela Paz swung the umbrella and some say that he poked the Mayor) The investigative board asked Dela Paz what he did, he said that he poked the Mayor in self defense. When asked who was attacking him, Dela Paz said that he was being surrounded by 4 men. The caddies and other witnesses on hand said that when the umbrella incident happened, it was only Dela Paz and the mayor that were talking. The other parties were in the tee house about 15-20 yards away. The Mayor says he was poked and so he backed off and just as he was about to be poked again, his brother, Hussein ran and attacked Delapaz and hit Delapaz knocking him to the ground.( At this point the commotion took place. One of the things observed is 14-year old Bino hit the Mayor with his driver. Apparently, the mayor parried with his forearm and hand so this is where he sustaned the injury. In the process also, Hussein was being pulled off the older dela paz by his 2 children but again Bino was seen to hit Hussein in the face and head while Bambee had scratched the other side of Husseins face. At this time also, witnesses say, that 3 or 4 other members of the flight excluding the Secretary, the 8-year old boy, and the girlfriend of Hussein were involved in attacking or subduing the older dela paz but this lasted very shortly and when the combatants had been separated the existing people in the tee house as well as the new flight that was playing behind the dela paz's.
At this point the Secretary told the delapaz group to leave so as to avoid any more trouble. As the elder delapaz was leaving he was heard calling someone on his cellphone saying " may away kami, pumunta kayo dito"
No one knew who delapaz was speaking to as he walked away towards the main clubhouse. A few minutes later, the secretary and his group decided to end the day instead of continuing to play. When they got to the clubhouse, Hussein wanted to wash up because he was bleeding in the neck area. As he got near the reception area, he saw delapaz and was heard to have said "O, nandito pa pala kayo" to which Dela Paz said "Hindi pa tapos ito gaganti pa kami". At this point, Bino got in between his Dad and Hussein while saying " Tatandaan ka namin" (None of the witnesses in the clubhouse, and there were many, ever saw Bino kneel and say that he was only 14 years old at maawa na sila) On the contrary, Bino was acting like anything but a helpless child. He sounded tough, angry, and antagonistic enough that the fight broke out again. At this point, the bodyguards of the Mayor ran into the clubhouse via the poolside entrance. When questioned about this, the mayor said that one was his driver and the other was his "Yayo". As far as the board was concerned, the "Yayo" was also a bodyguard. Said Yayo came into the clubhouse with a clutchbag containing a gun and brought out the gun without pointing it at anyone. The Mayor immediately instructed him that there was no need for guns and the gun was put back. During the investigation, the Mayor said that the handgun was his and that his "yayo" was likely going to give it to him but he declined. Upon instructing his "yayo", the man just stayed in one corner. At this time the wife of Dela Paz and his other son arrived. The son was wielding a baseball bat and the wife had a knife which she pulled out of a scabbard. These two were subdued by security but they were verbally threatening the Pangandaman's during this time. There was also a reported incident where the driver of the mayor ran out and came back with a suitcase containing a supposed armalite as claimed by valley security. The driver never pulled it out or pointed it at anyone but it was readily accessible"
JAMES---> did i not mention that they have a right to sue for child abuse... control your emotions...
lito---> under the belt comment...
http://www.chillingeffects.org/
"Anecdotal evidence suggests that some individuals xxx other laws to silence other online users."
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http://www.chillingeffects.org/defamation/
"In practice, the filing or even the threat to file a lawsuit for defamation has sometimes been used as a tool to shut down legitimate comments on the Internet. "
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http://www.chillingeffects.org/defamation/faq.cgi
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http://www.techdirt.com/articles/20081202/1830512998.shtml
Does It Make Sense To Have Libel Be A Criminal Offense?
"The law should not stop you from saying what you think. However, that's why libel and slander are usually xxx a civil issue. The law can't stop you from lying about me to hurt my character, but I can sue you if those lies cause damage. xxx. It's not the government's place to enforce civil morality (don't tell lies)... it's our place to do so amongst ourselves. The law should only serve to give us the structured forum to settle these injuries peacefully.
- by Gabriel Tane - Dec 5th, 2008 @ 6:19am
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http://www.latimes.com/news/printedition/asection/la-ed-libel11-2008dec11,0,834836.story
"Criminalizing libel, as one expert told The Times, replaces a scalpel with a sledgehammer by forcing a defendant to contend in court with the power of the state, not with a plaintiff whose own conduct can be made an issue."
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This is in response to DonaVictorinas Anon
March 24, 2009 2:09 PM
who wrote:
"Laws that treat libel as a criminal matter, as in the Philippines, are STUPID STUPID STUPID! Libel should be a purely civil matter."
"Any state that pretends to allow freedom of expression and yet criminalizes libel is hypocritical."
Zippo said;
"james,
I would say that it depends. If my son was asking for it (like provoking the other party or showing utter disrespect), then I'll tell him that he should take the consequences of his action like a man instead of running under the "palda" of his elder sister. This, of course, does not mean that I condone the actions of the Pangandamans who should have given a little more patience towards the petulance of the De La Paz father-and-son."
What??? A father would let his son be beaten up to teach him a lesson? Some father you are..
Why not just restrain your son and scold him and set an example of being civil yourself?
Your reasoning is screwed man, the kid is just 14!! Dont you understand that yet? If he is 21 then maybe you have a point, but 14?? He is not an adult yet, thus not yet held fully responsible for his actions. Di mo ba maintindihan yun? You want me to repeat that again?!
Victorina, this is your entry? You sound as biased as everyone else on this commentary. I think everyone should have the facts before they decide. We live in such an anecdotal society that we end up weaving our own version of the truth without cross checking facts. Child abuse? Beating up people? Cause for libel? Read the facts again then repost and present lawfully collected findings so everyone can decide for themselves. I think this is what we call due process in a democratic society.
hey! blogger ka right? try this blogging contest :) http://www.imumo.com/contest.php