Richard Gutierrez settles legal dispute with entertainment website

By ROWENA JOY A. SANCHEZ
February 10, 2010, 9:30am

After almost a year of legal dispute, Richard Gutierrez and entertainment website Philippine Entertainment Portal (PEP) have agreed to settle their differences amicably.

The meeting between the two warring parties took place on February 9, 2010 at the office of Department of Justice Secretary Agnes Devanadera.

It is recalled that Richard filed a P25-million libel suit against the entertainment website, particularly to its editor-in-chief, Jo-Ann Maglipon, managing editor Karen Pagsolingan, and staff writer Ferdinand “Bong” Godinez, regarding an article that alleged the actor's involvement in a “heated squabble” at director Mark Reyes’ birthday party last March 29, 2009.

The defendants personally apologized to Richard who then accepted.

According to PEP’s official Twitter account, Jo-Ann and Annabelle Rama, mother of Richard, have also settled the misunderstanding.

“Nagbeso na rin sina Annabelle, na nagsabing ‘Si Jo-Ann, kaya kong patawarin. Bati kami niyan. ‘Yung iba, hindi’,” the post read.

On the same day, PEP also issued an official statement via their website:

"The Philippine Entertainment Portal (PEP) hereby reiterates that Mr. Richard Gutierrez was never involved in any ‘heated altercation’ or ‘tutukan ng baril’ with Michael Flores or with any other individual on 29 March 2009, during the party of ‘Zorro’ director Mark Reyes, contrary to an article briefly uploaded on its website on the same day.

"PEP editor-in-chief Jo-Ann Maglipon, managing editor Karen Pagsolingan and staffwriter Bong Godinez acknowledge their error; repeat their assurance that they have no malicious agenda against Mr. Gutierrez; and apologize for the publication of the article and their failure to get his side of the story and for the hurt it has caused him and his family."

Richard’s celebrity siblings Ruffa and twin brother Raymond have also expressed their happiness and relief over the settled issue via their respective Twitters.

“Fresh from the Dept. Of Justice: At the hearing of Richard Gutierrez VS PEP—PEP sincerely apologized! [All's] well that ends well! WAR IS OVER!

“YES editor-in-chief Jo-Ann Maglipon [and] my mom hugged, shook hands w/Chard. Writer apologized. Salamat sa Diyos tapos na ang gulo! So happy!” Ruffa tweeted.

Raymond’s tweets read: “glad that PEP finally apologized sincerely, owned up to their mistake & now the cold war is finally over. 2010 will be a more peaceful year.

“Forgiveness is the attribute of the strong.”

All’s well that ends well, indeed. But it was a long troublesome journey for both parties.

Here’s a time line of the story that became one of 2009’s most controversial legal issues in showbiz:

March 29, 2009
The story, titled "Richard Gutierrez reportedly involved in a heated squabble with Michael Flores," was uploaded in the site at past 4:15 p.m.

At 7:20 p.m., Jo-Ann Maglipon had the story pulled out because she said in a later article that she believed “we had not exhausted our probe into the facts of the incident.”

She also explained in that same article that it was “due to a break in editorial procedure” that “it had prematurely and inadvertently been uploaded.”

March 30, 2009
Maglipon published a letter of apology in the “Letter from the Editor” section of their site.

“To Richard Gutierrez, Michael Flores, and Epy Quizon who were named in the story, to PEP readers who may have been confused, and again, to Richard Gutierrez whose side of the story we failed to get, our sincerest apologies,” a part of the letter read.

In the same day, Ruffa told the story on her now-defunct morning show with Ai-Ai delas Alas, “Ruffa & Ai,” and then again on “Showbiz News Ngayon” (“SNN”).

March 31, 2009
PEP’s EIC called on a tri-media press conference where they made another public apology. However, even before the press con was finished, Maglipon was “threatened with a libel suit.” In her April 28 article, the editor said that she and the Gutierrez matriarch have reached a verbal agreement in assureance that the matter will not reach the courts as long as the public apology (made online and through the press con) are fulfilled.

Also during the same day, Jun Lalin, publicist of the Gutierrez family, wrote about the story in a tabloid, where, according to Maglipon’s report, the “gun-toting” description was misinterpreted for “gun-pointing." The latter term was eventually picked up by other media.

April 1, 2009
Annabelle Rama called for her own press conference.

April 2, 2009
Richard began granting interviews in various showbiz talk shows, vehemently denying the alleged incident.

April 13, 2009
The actor filed a libel suit against the entertainment website at the Makati Regional Trial Court. According to Richard, the apology made by Maglipon was insufficient because they “apologized for the wrong reason."

"She apologized na hindi niya nakuha ang side namin. Hindi niya sinabi na nagkamali sila at imbento ‘yung mga nakasulat sa PEP at fabricated story at false journalism ang nangyari. So abangan na lang po natin ang mga susunod na hakbang sa pagbabalik ko," Richard said in a statement.

However, Maglipon maintained that they did not deliver an “incomplete, unfair article,” but admitted they have erred because their investigation is not yet complete when the article was uploaded.

April 28, 2009
Maglipon posted an investigative report (in four parts) of the whole incident; probing through the accounts of witnesses (who refused to be named), staff members of the restaurant, and the celebrities themselves who were present in the party.

Her report concluded that while there was really a gun-toting incident (Richard indeed carried a gun, but his friend, Epy, only held it out of curiosity), there never was a heated argument between the then-“Zorro” lead star and Michael. Celebrity friends of the director who were interviewed all enthused to have enjoyed the night.

July 9, 2009
The Justice Department dismissed the case for “lack of probable cause,” citing that there was no “imputation of a discreditable act or condition to another” and no “existence of malice.”


December 10, 2009

DOJ reversed its previous decision. PEP filed a motion for reconsideration.


February 4, 2010

The motion was junked by the DOJ because of lack of “new and substantial argument” to allow the dismissal.

February 9, 2010
Amicable settlement between the warring parties Case closed.