Cease and Desist Order for PEP by the lawyer of Gutierrez Family

The negative comments posted in the comment box by the PEP-sters led to the issuance of Cease and desist order from the camp of Gutierrez family to PEP and the editor-in-chief. Is this not kind of gagging?

ATTN: Ms. Jo-Ann Q. Maglipon, Editor-in-Chief

RE : Articles and Comments about Richard Gutierrez



Our client, ANNABELLE RAMA-GUTIERREZ, the mother and talent manager of actor Richard Gutierrez, has referred to us for appropriate action the Philippine Entertainment Portal's ("PEP") continuing grossly negligent act of uploading a barrage of negative comments about her son. The relevant factual circumstances are detailed below.



At 7:12 p.m. of 13 April 2009, PEP uploaded an article by Mr. Jojo Gabinete with the heading "Richard Gutierrez files P25-million libel case against PEP." Less than twenty-four (24) hours after the uploading, or as of 2:14 p.m. today, six hundred eight (608) alleged "comments" were posted, most of which are negative and insulting, and practically all of them from persons hiding behind aliases and nicknames, which appear to be untraceable.


Our client and her family view with suspicion these alleged "comments" and the source and writers thereof. It seems highly unlikely that in a span of less than 24 hours, 608 comments from anonymous sources have already been posted.


As a simple exercise, we visited your website, and recorded the number of comments for the articles labeled as "HOT", and those labeled "THIS WEEK'S MOST POPULAR", as of 2:41 p.m. today. We found it interesting and informative that of the "HOT" articles, the Richard Gutierrez received 367 comments more than the 241 comments for the Joshua Formentera piece; more than 100% more comments. Further, of your list of the ten (10) most popular articles for the week, only the AGB Mega Manila article had more comments than the Richard Gutierrez article, with 1120 comments. However, the AGB Mega Manila article was uploaded on April 7, one week ago, and this explains the volume of comments.


Based on your own website articles, we find it unusual that an article uploaded less than 24 hours ago would have significantly more comments than all the other "HOT" items, and exceeded in that short period the number of comments for 9 out of the 10 most popular articles for the week.



Attached and made an integral part hereof as Annex "A" is the breakdown of the number of comments for each of the four (4) "HOT" articles, and each of the ten (10) "THIS WEEK'S MOST POPULAR" articles, as of 2:41 p.m. today.


Given the above figures, our client and her family are understandably skeptical of the source and authenticity of these supposed viewer "comments".


To avoid any further dispute on this particular issue, and to eliminate additional controversy, our client is now asking that PEP cease and desist from uploading or publishing article about her son and talent, Richard Gutierrez, until all illegal [sic] suits have been resolved. Our client is asking that PEP take the necessary steps to ensure that no further damage and injury is suffered by her entire family as a result of the unlawful uploading of the 29 March 2009 article that spawned this dispute.


FINAL DEMAND is therefore made on PEP's publisher Summit Media, its editorial staff headed by Jo-Ann Maglipon and Karen Pagsolingan, and its writers to immediately, upon receipt of this letter, CEASE AND DESIST from publishing any further articles and/or comments about Richard Gutierrez.


Failure to heed this demand shall be construed as an unlawful refusal to do so, and our client, as a mother and a business manager of Richard Gutierrez, shall thereafter be constrained to take any and all necessary steps to protect her interests, and that of her family.


Very truly yours,

RIVERA SANTOS & MARANAN

Counsel for Ms. Annabelle Rama-Gutierrez

By: Agnes H. Maranan