CA junks Yuchengco libel vs parents' group

The Court of Appeals has junked the petition filed by the Yuchengco Group of Companies seeking to indict a group of concerned parents for libel over alleged malicious remarks posted on the Internet. In a 13-page resolution, the CA’s Former First Division affirmed the dismissal of the libel charges against the Parents Enabling Parents (PEP) Coalition by Judge Benjamin Pozon of the Makati Regional Trial Court-branch 139. The appellate court found merit in the coalition’s argument that the complainants, being private individuals, have no business interposing an appeal in the criminal case. It said only the Office of the Solicitor General could represent the State in appeals on criminal cases before the Supreme Court or the CA. “The general rule prevails that in criminal cases where the offended party is the State, the interest of the private offended party is limited to the civil liability, and if a criminal case is dismissed by the trial court or if there is an acquittal, an appeal there on the criminal aspect may be undertaken only by the State through the Solicitor General," the decision penned by Associate Justice Arturo Tayag said. PEP Coalition, led by Philip Piccio, were sued by the Yuchengco family after it published “malicious" remarks on a Web site criticizing the Yuchengco-owned pre-need firm, Pacific Plans. The coalition had earlier filed syndicated estafa charges against Pacific Plans officials. The Yuchengcos and Pacific Plan holders are locked in a legal battle in connection with the pre-need firm’s admission of financial difficulty, making it hard pressed to honor its commitment to fund the education of its more or less 34,000 plan holders. The Yuchengcos filed the libel case on October 18, 2005 before the City Prosecutor of Makati City in connection with the alleged “highly defamatory" article posted by PEP members on its Web site alleging mismanagement and mishandling of their funds. - GMANews.TV