BY WILLIAM B. DEPASUPIL Reporter

THE Court of Appeals has again junked a petition filed by First Gentleman Jose Miguel Arroyo seeking to dismiss the damage suit filed against him by a group of journalists.

The appellate court’s Ninth Division, in a 23-page decision written by Associate Justice Sesinando Villalon, sustained the ruling of Judge Zenaida Galapate Laguilles of Branch 143 of the Regional Trial Court of Makati City, in denying the presidential spouse’s motion to dismiss the P12.5-million class suit.

The First Gentleman cited the failure of the journalists to immediately answer the written interrogation within the prescribed extended period.

“We find that the delay is excusable by force of circumstance . . . Private respondents’ [newsmen] filing of motions for extension of time to answer the written interrogatories and request for admission clearly speak of their due diligence to comply with the same,” the Court ruled.

The appellate court noted that the respondent journalists were represented by a single law office, which makes it difficult for their counsel to coordinate with each of them.

It also pointed out that the request for additional time by respondents would not be of material injury to Arroyo since there is no showing that they deliberately refused to comply with the modes set by the court.

But in the same ruling, the appellate court also granted the petitioner’s plea to hear his defense before the Regional Trial Court of Makati.

The respondent judge, the appellate court said, has wantonly, whimsically and oppressively issued the assailed orders dated May 13, 2009 and June 18, 2009 terminating the presentation of Arroyo’s affirmative defenses and setting the case for pre-trial conference for no justifiable reason.

“Respondent judge should have considered the fact that the circumstances, which prevented petitioner from presenting further evidence on his affirmative defenses were not attributable to him alone,” the appellate court said.

Based on records, there were four instances when lawyers for the petitioner move for the resetting of the hearing, which the Court of Appeals said were valid, among which was Arroyo’s surgery to stanch cardiac-aneurism.

Concurring with the ruling were Associate Justices Mario Guarina 3rd and Franchito Diamante.

The class suit against Arroyo was filed on December 28, 2006. The complainants were the Center for Media Freedom and Responsibility, Philippine Center for Investigative Journalism, The Daily Tribune, Niñez Cacho Olivarez, Marites Vitug, Glenda Gloria, Ricky Carandang, Romulo Mariñas, Gina Capili Inciong, Gerry Baldo, Sherwin Olaes, Lito Banayo, Rustico Otico, Ma. Concepcion Cruz, Miriam Grace Go, Romina Gonzalez, Gemma Bagayaua, JP Lopez, Regina Bengco, Minnie Advincula, Ellen Tordesillas, William Esposo, Jose Pavia, Rowena Paraan, Sweet May Cawicaan, Jofelle Tesorio, Jose Bimbo Santos, Rachel Khan, Ma. Cristina Rodriguez, Yvonne Chua, Alcuin Papa, Ramon Tulfo, Erwin Tulfo, Conrado de Quiros, Nixon Cua and Vergel Santos de Dios of the Philippine Center for Investigative Journalism Inc.

The group demanded “the symbolic amount” of P12.5 million in damages for “anxiety, loss of income and other inconveniences” cause by libel suits previously filed against them by the First Gentleman.

Complainants claimed that the First Gentleman has abused his rights and violated freedom of the press in filing the numerous libel cases against them.

In September 2008, the appellate court Former Seventh Division, in a 23-page decision, also lifted the wit of preliminary injunction it had earlier issued that temporarily prevented the Regional Trial Court of Makati from hearing the case against Arroyo.

In its decision, the appellate court dismissed Arroyo’s claim that presiding Judge Zenaida Galapate of Branch 143 of the Regional Trial Court of Makati had committed grave abuse of discretion in admitting the journalists’ amended complaint without payment of docket fees, and in accepting their plea for “liberality” in the application of the rules.