AFTER that reportof a prosecutor clearing an American of an oral defamation charge for calling Filipinos stupid monkeys, comes a second helping.
The Regional Trial Court (RTC) has dropped the libel case filed against a man for circulating in an Internet mailing list a message giving reference to that colorful Cebuano expression of "nakabunal og insik."
The complaint was lodged against Alec Toting, represented by Atty. Elias Espinoza, by a former classmate – Cynthia Tiu. The two both studied at the Andres Soriano Memorial School in Toledo City and were subscribers to the mailing list asms90@yahoogroups.com.
The resolution, penned by Judge Eric Menchavez, did not fully show the details surrounding the alleged utterance – only that it was contained in an Aug. 25, 2004 email sent to the mailing list and electronically reproduced and sent to all the other subscribers.
What the ruling did discuss was the translation of the idiomatic expression and whether it's meaning corresponds to an imputation of crime, vice or defects against complainant Tiu.
The term nakabunal og insik literally translates to clubbing a Chinaman. The nature of the expression presupposes that all Chinamen are rich and that clubbing one to steal his cash will solve a person's money problems.
The records of the case show that the complainant is a Filipina who married a man of Chinese descent.
And in the ruling, Menchavez said the root of nakabunal, that as a noun means club or, as a verb, to club, hardly translates to duping the unfortunate Chinaman into whatever arrangement.
"Private complainant Cynthia Tiu, who claims she was maligned, failed to prove in her direct testimony that the statement alleged sent by the accused is libelous. She also failed to prove that the said statement was addressed to her. She even admitted that the questioned email was not addressed to her," Menchavez said.
To resolve the matter, Menchavez quoted a Supreme Court ruling that, coincidentally, was originally handed down to settle a similar libel case against two Chinamen – Yu Tioco and Yang Shu Wen.
"When the imputation in the article is impersonal and its language does not single out any specific individual and is not merely ambiguous but totally deficient in that respect, this requirement for an identified or identifiable victim has not been complied with and the case must be dismissed," the High Court ruled.
Above being ambiguous, Menchavez said Toting's email may even be viewed as a joke.
"The said statement is meant for laughs and is not meant to malign, insult or to discredit anybody. The fact is the one who made the statement saw that his classmate or friend or classmate has become richer than before and in just he uttered that statement. It is an acknowledgement that the complainant really is now wealthy, which was verbally expressed in the allegorical statement 'nakabunal og insik'," Menchavez ruled.
In the end, Menchavez found, nakabunal og insik is about as libelous as "hayahay pas' pulis" and "mura'g nakatagiya'g ahensya."
In the first, Menchavez ruled, an overly sensitive person may be offended for being compared to a policeman who is perceived to be idle and inefficient. A broadminded person, however, may see this as a compliment for being "blessed with a good and comfortable life."
The second expression may meanwhile be perceived as catcall for being indulgent in jewelries or a simple joke.
"In life, we are prone to comments which come in different packages. Some comments would come as offensive to others but is a compliment to some. The instant case is a classic example," he added.
thats it...it depends on how to analyze those data...just a simple as that....is she guilty or what? what for? she makes an issue big.....its nonsense....but what to do....she has the right to...god bless her.
karlon, i remember the first time we met and you had me confused about objectivity. i will not forget what you said that "what may be objective to you, may not be objective to me."
how can i forget? we discussed the subjective nature of objectivity. a table is not a table. it is something solid, relatively smooth and perfect to write and eat on. it is only a table because we have collecitvely called it such. i miss those talks.
as a blast from the past, lemme ask you a question. if all of us collectively agree on the existence of a soul, does one exist?
if all of us collectively agree on the existence of a soul, does one exist?
i've been brought up with all the right touches of faith in our religion, so that means yes. as an example, before i sit down and begin my meal, i exorcised whatever demons from my mind so that my meal will be as healthy and wonderful as it was meant to be when prepared and not shoo away the blessing so my soul will be enriched as well. hehe
... same pareho ra na'g tawgon ko'g BSN...Bana sa Nurse! 
