MANILA  - Actor Richard Gutierrez has lost his legal battle with Philippine Entertainment Portal (PEP) after the Department of Justice (DOJ) dismissed the libel suit  he filed against the entertainment Web site.

The resolution, penned by Associate Prosecutor Mary Jane Sytat, cited "lack of probable cause" in dismissing Gutierrez’s libel complaint against editor-in-chief Jo-Ann Maglipon, managing editor Karen Pagsolingan and writer Ferdinand "Bong" Godinez.

The resolution acknowledged that PEP committed a lapse when it published a story on the gun-toting incident allegedly involving Gutierrez and fellow actor Michael Flores in March. The article, Gutierrez complained, gave an impression that he was a troublemaker.

Gutierrez further stated that such bad reputation could affect his image as an actor and product endorser.

The resolution, however, opposed the actor's argument, maintaining that PEP's "lapse" did not constitute an “imputation of a discreditable act or condition to another.”

“No evidence was presented which would prove that a reasonable mind, in this case that of the public or the readers, would believe that complainant was a troublemaker based on the statements in the questioned article,” the resolution said.
 
‘No malice’

The resolution also pointed out that the complainant failed to prove that the publication of the PEP article “was attended with malice.”

It cited Maglipon’s apology and order to immediately pullout the article and PEP’s attempt to get Flores’ side of the story as “sufficient evidence to show that the respondents have no desire to deliberately injure the reputation of the complainant.”

The resolution admonished the young actor for being “onion-skinned.” It said as a public figure he should be able to “absorb the thrust of public scrutiny.”

'Gun-toting'

PEP's controversial story was uploaded  on March 29 of this year. The entertainment Web site claimed that it had two witnesses to prove the “heated altercation” between Gutierrez and Flores, both are stars of television series “Zorro.” In the same story, PEP also clarified that it was still on the process of “investigating” the incident.

Both Gutierrez and Flores vehemently denied that the incident ever occurred.

Maglipon later apologized to Gutierrez for "the premature and inadvertent uploading of the article" but the actor and his family were not satisfied.

Gutierrez, son of celebrity couple Eddie Gutierrez and Annabelle Rama, may file an appeal with the DOJ within 15 days from the receipt of the resolution.