Lawyers of popular entertainment broadcaster Cristy Fermin demanded a public apology from the legal counsel of showbiz personality Dawn Chang in relation to the public statements uttered against the veteran journalist.
In a two-page letter addressed to Atty. Rafael Vicente R. Calinisan, legal counsel for Chang, on Feb. 12, lawyers Ferdinand S. Topacio and Joselito Lomangaya, counsel for Fermin, said: "It is ironic that while you complain against libel allegedly having been committed against your client, you have committed the same crime against ours."
Topacio and Lomangaya demanded a letter of apology from Calinisan that can also be shared to the media.
"Unlike you, however, we do not demand the publication of your apology in a full-page ad in any newspaper. We simply demand a letter of apology from you, which you, and she may share with media," the letter read.
Topacio and Lomangaya set a deadline for Calinisan to apologize. "Therefore, let us be the one to give you, Atty. Rafael Vicente R. Calinisan, a deadline of until midnight of 16 February 2022, within which to PUBLICLY APOLOGIZE to our client who, it cannot be denied, is already considered an icon in the field of entertainment media, and who has been a writer and radio and television personality for several decades."
It added: "Your failure to do so within the time given by us will leave us no choice but to file against you the proper criminal, civil and administrative complaints before the proper courts and the Committee on Bar Discipline. It would be to your best interests to heed this demand."
The controversy began when Chang, a former Pinoy Big Brother housemate, made a comment on the hosting stint of Toni Gonzaga-Soriano for presidential aspirant Bongbong Marcos and running mate Sara Duterte. Chang said she was disappointed by Toni's "actions." Fermin reacted to the comments of Chang, which the latter found offensive.
The full letter of Topacio and Lomangaya:
12 February 2022
ATTY. RAFAEL VICENTE R. CALINISAN
GHR Building, No, 173 Remedios Street
Malate, Manila
Dear Atty. Calinisan:
Our client, Ms. CRISTINELLI SALAZAR FERMIN, a.k.a. Cristy Fermin, has referred to us your undated “statement” released to media, which we take as an open letter of demand, for her to make a public apology in relation to utterances made regarding your client, a certain Dawn Chang, who appears to be a dancer and show business personality.
Ms. Fermin will respond to your demand in due time, and also publicly. We write this letter, however, to make a demand of our own, regarding some statements made by you as lawyer of Ms. Chang.
In your signed public statement – shorn of irrelevant discourses -- you called our client a “coward” and a liar, saying that her statements are “nakakahiya”, using the word “gutter” to describe Ms. Fermin, describing her expressions as “malaking kabastusan.” Worse, you strongly implied that you have control of the Philippine justice system when you bragged that “we assure you, we will send you to jail.”
I need not quote to you the specific provisions of the Code of Professional Responsibility that you have violated by using undignified and intemperate language unbecoming of a member of the legal profession in your exercise thereof, and in undermining the confidence of the public in the impartiality of our justice system. While a lawyer owes his client zeal in the protection of his or her rights, such zealousness must not outrun the bounds of decency and tread on the territory of the impertinent and contumelious. Regardless of your personal offense at what you may feel are libelous words against your clients, you, as a lawyer, still has the bounden duty to comport yourself in a manner consistent with legal ethics and the proper conduct of a lawyer.
It is ironic that while you complain against libel allegedly having been committed against your client, you have committed the same crime against ours.
Therefore, let us be the one to give you, Atty. Rafael Vicente R. Calinisan, a deadline of until midnight of 16 February 2022, within which to PUBLICLY APOLOGIZE to our client who, it cannot be denied, is already considered an icon in the field of entertainment media, and who has been a writer and radio and television personality for several decades.
Unlike you, however, we do not demand the publication of your apology in a full-page ad in any newspaper. We simply demand a letter of apology from you, which you, and she may share with media.
Your failure to do so within the time given by us will leave us no choice but to file against you the proper criminal, civil and administrative complaints before the proper courts and the Committee on Bar Discipline. It would be to your best interests to heed this demand.
Very truly yours,
FERDINAND S. TOPACIO
JOSELITO O. LOMANGAYA
Conforme:
CRISTINELLI SALAZAR FERMIN