Rosemer Enverga wins defamation case against Minda Neri
Rosemer Enverga wins defamation case against Minda Neri
ROSEMER ENVERGA
By Gloria Rafanan
The lawsuit against Minda Neri that began in 2012 and dragged on for nearly 3 years has finally been resolved in Rosemer Enverga’s favor.
Enverga sued Neri in Small Claims Court for defamation based on Neri’s statements made at a press conference insinuating that Enverga had not fully accounted for the proceeds of the beauty pageants managed by Enverga for PIDC in 2010 and 2011.
Despite an internal PIDC audit that showed PIDC in fact owed Enverga from the pageants in question, Neri had not issued an apology.
Neri’s statements became the fodder for a string of derogatory news reports and commentaries written by Romeo Marquez about Enverga which were published in Balita.
Balita’s editor and publisher, Teresita Cusipag, manages a competing beauty pageant, Miss Manila, and is a rival of Rosemer Enverga in the beauty pageant business.
Marquez testified as a witness for Neri.
After Marquez’s testimony, Neri’s lawyer summed up Neri’s defense and argued that it was not Neri’s statements that were defamatory but the subsequent writings of Marquez and that Enverga failed to include or did not have the proper defendants in her lawsuit.
MINDA NERI
In his decision, Judge Chris Ashby found that Neri had failed to establish the defences of truth, fair comment or responsible communication.
On the defence of truth, Judge Ashby ruled that there was no basis for suggesting that Enverga had failed to report as required, alluding to Neri’s own testimony that it was the Treasurer’s responsibility to make financial reporting to the board and to the fact that Enverga had no control over PIDC’s bank account.
On the defence of fair comment, the judge ruled that Neri’s statements were not comments but statements of facts which were not true, therefore, that defence failed.
On the defence of responsible communication on a matter of public interest, Judge Ashby cited the Supreme Court ruling in Grant v. Torstar Corp: “The publication must be on a matter of public interest and the defendant must show that the words published were responsible in that she was diligent in trying to verify the allegations”. The judge ruled that Neri was not diligent in verifying that it was the fault of the plaintiff, knowing the PIDC structure and knowing that the Treasurer was responsible for providing financial information.
The judge wrote:
…”Her good reputation is presumed. She is well known in the particular community that she lives and works in….There was no apology even though a Libel Notice was served…. the plaintiff did hold her own press conference. Part of the harm has been created by some shocking articles in Filipino press that are not related to the actions of the defendant.”
“I am relieved” says Enverga. “The last 3 years has been very stressful, having been constantly subjected to public ridicule by a certain tabloid as a result of reckless statements made against me by Neri,” she added.
Balita, Teresita Cusipag and Romeo Marquez are defendants in libel lawsuits filed in Ontario Superior Court by Oswald Magno, Voltaire de Leon, Jeff Rustia, Melinda Rustia, Tobias Enverga Jr., Philippines Canada Fashion Week and The Kol Hope Foundation seeking damages in the millions.
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