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Bohol resort manager wins libel case filed by Modala VP

A prosecutor in Tagbilaran City has dismissed a libel complaint filed against a resort manager who criticized a beach resort’s alleged violations during a provincial tourism meeting.

The Tagbilaran City Prosecutor’s Office has recommended the dismissal of the complaint filed by Monorealty Incorporated against Andrew Fernandes, manager of Bellevue Resort and chairman of the Doljo Tourism Stakeholders’ Association (DTSA).

The case stemmed from a presentation Fernandes made during a November 19, 2024 meeting of the Bohol Provincial Tourism Council’s Executive Committee at the PADMO Office in the New Capitol Building.

According to the resolution, Monorealty Incorporated, represented by Vice President for Operations Rommel T. Gonzales, alleged that Fernandes committed libel through his PowerPoint presentation titled “People of Doljo vs. Modala.”

“The presentation discussed about Modala’s alleged commission of (1) safety violations during construction, (2) land grabbing, (3) blockage of right,” the resolution stated, referring to allegations against Modala Beach Resort, which describes its mission as bringing “people to the beautiful island of Panglao by creating exceptional experiences that are genuinely Filipino.”

However, the City Prosecutor found no basis for the libel charges, citing established legal precedents for determining defamatory statements.

“In determining whether a statement is defamatory, the words used are to be construed in their entirety and should be taken in their plain, natural, and ordinary meaning as they would naturally be understood by the persons reading them,” the prosecutor wrote, quoting from established jurisprudence.

The resolution noted that Fernandes’ presentation was made during an official tourism council meeting to discuss industry issues and updates. 

“An examination of the slides would show that there are no personal attacks made thereon but merely discussion on issues and concerns against Modala’s actions which many tourism stakeholders think have affected their tourism businesses,” the document indicated.

The prosecutor noted that the presentation was made without malicious intent, describing it as part of legitimate discussions about tourism stakeholder concerns. 

“It is expected that issues and concerns of tourism stakeholders might be discussed thereon,” the resolution added.

Bohol has been strengthening its resolve to pursue sustainable tourism through various measures, including the reconstitution of its Provincial Tourism Council in late 2024.

The dismissal re-echoes the Constitution’s protection of free speech in public forums, particularly when addressing issues related to public interest and tourism development in the province, reports said.

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