JAILBIRD TESS CUSIPAG’S COURT COSTS BALLOON TO OVER $400,000

Tess Cusipag,  disgraced editor of Balita who once boasted that the multiple lawsuits against her would make her more “popular” and “richer” has been ordered to pay an additional $43,000 to Senator Tobias Enverga. This brings the total to over $400,000 that Senator Enverga is entitled to.

Details for the reasons for the additional court costs can be viewed here: https://www.canlii.org/en/on/onsc/doc/2017/2017onsc4072/2017onsc4072.html

Senator Enverga may have a difficult time recovering one of the largest defamation awards in Canadian history. During Cusipag’s sentencing hearing, Judge Myers noted:

“Lederman J. and the Court of Appeal thought that an award of an extra $100,000 in punitive damages might deter Ms. Cusipag from her misguided and illegal quest.  They were sadly mistaken.  All that it seems to have done is prompted her to transfer her house to her son for free and to transfer two condominium units to others.  She tries to avoid the court’s judgment rather than comply with it.”

 

Balita’s Romy Marquez downplays jail sentence

After Tess Cusipag’s release from a medium and maximum security jail in Milton, Ontario, Balita’s superstar “investigative” journalist Romy Marquez published a laughable piece downplaying the fact that Cusipag went to jail for criminal contempt of court.

Marquez, a former grocery store clerk who was forced out of San Diego by U.S. immigration authorities before wreaking havoc in Toronto, writes: “She was not in jail for stealing or killing or abusing another person. She served time as a way of accepting responsibility for the consequences of upholding and fighting for principle.”

Tess Cusipag was sentenced to jail for criminal contempt of court, a serious violation of the rule of the law, which makes her a criminal in every sense of the word. Furthermore, a jail sentence for criminal contempt is extremely rare, which leads us to believe that there was overwhelming evidence against Cusipag to impose this kind of sentence. Sorry Romy Marquez, but you can’t sugarcoat that and you can’t fool us.

Video of an investigative piece on Romy Marquez, where a local news station in San Diego found that he filed false statements to the U.S. immigration authorities as well as used his tabloid to shame his former girlfriend. It is now archived with the Investigative Reporters and Editors (IRE), where ironically Marquez claims to be a member:

 

Tess Cusipag unapologetic in video after release from jail

Note: As of July 9, 2017 the video has since been taken offline.

Shortly after being released, Tess Cusipag discusses her stint in jail to a small group of friends over dinner at her Markham home (also the offices of Balita). Among those present were Marlene Mogado, a Catholic school trustee for York Region and her husband Mogi Mogado. Romy Marquez is the videographer.

Shedding what seems like crocodile tears, Cusipag describes daily life in the woman’s jail and how her jail mates vowed to protect her after finding out that she was a writer. We wonder if the inmates knew that one of the reasons that she was in jail was because she used her newspaper as a means to vindictively and maliciously ruin someone’s reputation over a personal vendetta. When asked if she was going to stop, Cusipag replied, “I don’t know.”

In another instance, an unidentified woman sitting beside Cusipag crassly says that she should have asked to keep her jail uniform as a souvenir – yes unidentified lady, as if her incarceration was one big joke.

There was no indication in the video that she was apologetic for disrespecting the authority of the court and neither did she acknowledge the ordeal that she put Senator Enverga through.

 

TESS CUSIPAG SENTENCED TO 21 DAYS PRISON TERM FOR CRIMINAL CONTEMPT OF COURT ON TOP OF $10,000 FINE LEVIED AGAINST BALITA TABLOID

June 14, 2017

Cusipag, the haughty Editor/Publisher of Balita tabloid who is on record as saying she could publish anything and one would not be able to do anything about it, has been dealt a crushing and humiliating blow – 21 days in prison.

“For the offence of criminal contempt of court, I sentence you Teresita Cusipag, also known as Tess Cusipag, to a term of twenty-one (21) days in provincial reformatory to commence immediately”, Justice Fredrick L. Myers pronounced.

 

After the sentencing, the feisty and unrepentant tabloid publisher apparently broke down in tears sobbing on the shoulders of one of her supporters. As per standard procedure, we assume she was later handcuffed and escorted by police to a prisoner transport vehicle waiting at the back of the courthouse. Sources say she is now languishing in a provincial jail located somewhere in Milton, Ontario.

This outcome should provide a measure of vindication and relief to all those who Cusipag and her cohort, Romeo (Romy) Marquez, have maliciously attacked both in print and online.

Highlights of the sentence:

(1) Cusipag and Balita knowingly and deliberately violated an order prohibiting them from repeating directly or indirectly, expressly or by innuendo, falsehoods that have been ruled libelous in the Enverga v. Balita Media Inc. et al defamation case which was decided against them in July 2016.

(2) Despite having been invited, encouraged and given an opportunity to “purge” their contempt, Cusipag and Balita, in J. Myer’s own words, “chose not to file an affidavit explaining their contempt, apologizing, demonstrating their respect for the orders of this court, or evincing an intention to refrain from repeating their contemptuous misconduct in future. They arrive for sentencing unrepentant.”

(3) Even though she was present at an earlier sentencing hearing on June 2, 2017, Cusipag did not personally offer an apology and declined the opportunity to swear and give evidence of her remorse or other mitigating factors, which J. Myers took as an unwillingness to recognize the court’s authority and to obey its orders.

(4) J. Myers noted that on March 14, 2017, after the criminal contempt conviction, Cusipag posted on the internet that she has made a vow not to give up and reiterated yet again that her allegations, which she admitted were not true during discovery and were found by the defamation case judge to be false, were true.

(5) J. Myers noted a Court of Appeal decision which agreed with the lower court’s finding that Cusipag was not engaging in political speech but in a personal quest to destroy Sen. Enverga’s reputation by spreading untrue statements about him while admitting in a court proceeding that she knows the statements to be untrue. The court made it clear that there was “nothing altruistic, political, community-minded, or protected about what Ms. Cusipag is doing”.

(6) J. Myers declined Enverga lawyer’s suggestions for leniency, saying leniency was not appropriate because there were no mitigating factors to justify it. J. Myers wrote that had the defendants made clear statements recognizing the court’s authority and pledged to comply with the court’s orders in future, he might have given only a token sentence for the defendants’ transgressions.

(7) J. Myers noted that the punitive damages previously award did not deter Cusipag but only prompted her to transfer her house to her son and her 2 condo units to others, indicating that she wanted to avoid the court’s judgment rather than comply with it. J. Myers concluded that “all that remains available to try to compel obedience with the court’s order is incarceration”.

(8) Since Balita Media Inc. and Balita Newspaper cannot be sentenced to jail, they were sentenced to a fine of $5,000 each, which Cusipag is jointly and severally liable to pay.

(9) Cusipag and the Balita entities are jointly and severally liable for Enverga’s costs of the contempt proceedings on a “full indemnity” basis.

(10) The penalties do not constitute a release from the injunctive order. The defendants remain bound by the order both in letter and spirit.

In the concluding paragraph, J. Myers admonished Cusipag: “It is the court’s true wish that you learn from this experience that you are bound by the law and you must comply with court orders even if you do not agree with them. The court will compel obedience to its orders and punish disobedience. The protection of the rule of law must be a paramount concern of society.”

Among the violations cited by Justice Myers in convicting Cusipag and Balita of criminal contempt earlier in March 2017 was Cusipag’s October 16, 2016 email forwarding to third parties and at least one senator colleague of Enverga an exchange between her and a GlobalLink correspondent in which she repeated and re-asserted the truth of the same falsehoods that were ruled libelous in the defamation case and were the subject of the injunction. In the exchange, Cusipag inferred that the reason she lost the defamation case was partly due to an unseen hand of a conspiracy between Justice Lederman and Enverga’s lawyer Howard Winkler who she described were “both jews.”

Another violation cited by the court was a December 3, 2016 email by Tess Cusipag to certain recipients attaching an article written by her cohort, Romeo (alias Romy) Marquez, in which the allegations related to the KCCC fundraiser found by J. Lederman to be false and defamatory were republished.

By our tally, the total monetary liability incurred by Cusipag resulting from the defamation case, the subsequent appeal and the contempt of court proceeding is $366,000. This does not include pre-judgment interest in the defamation case and legal costs still to be awarded with respect to the contempt proceeding.

At least three other defamation lawsuits against Cusipag, Balita and Romy Marquez are still pending in Ontario Superior Court.

Sources say Sen. Enverga was absent during the sentencing. On the other hand, several Cusipag supporters were present including Marlene Mogado, a Catholic school board trustee.

 

Breaking: TESS CUSIPAG sentenced to jail

Tess Cusipag, Editor in Chief and owner of Balita Newspaper in Toronto has been sentenced to 21 days in jail for criminal contempt.

We will update you when more information comes available.

Court dismisses Tess Cusipag’s damages appeal. Additional costs of $16,000 awarded to Senator Enverga

The Court of Appeal for Ontario has outright denied Tess Cusipag’s appeal to reduce the damages awarded in Senator Tobias Enverga’s defamation suit against Cusipag and Balita superstar “investigative journalist,” Romy Marquez. The appeal was heard on April 6, 2017 and details of the hearing has been released online (http://canlii.ca/t/h35kv):

The conduct of the appellant as described by the motion judge demanded a substantial award of punitive damages.  On his findings, the appellant had repeated the defamation, knowing full well that it was false and intended to continue to repeat the defamation in the future.  On the facts as found by the motion judge, deterrence could only be adequately served by a significant award of punitive damages.  We cannot say that the amount awarded is outside of the range required to serve as an adequate deterrent in the circumstances of this case.  We cannot interfere with the award.

Cusipag, who was recently found guilty of criminal contempt, will still be on the hook for $340,000 plus $16,000 in additional costs.

We will update you on the outcome of Cusipag and company’s sentencing hearing when the information becomes available.

TESS CUSIPAG CALLS OSWALD MAGNO THE “MASTERMIND” OF BOYCOTT AGAINST BALITA

Once again, Tess Cusipag and Romy Marquez, both recently found guilty of criminal contempt by the Ontario Superior Court of Justice, have demonstrated to be incapable of expressing truth to what they are writing.

Cusipag and Marquez are currently awaiting sentencing and details of their contempt hearing has been released: https://www.canlii.org/en/on/onsc/doc/2017/2017onsc1635/2017onsc1635.html?searchUrlHash=AAAAAQAHY3VzaXBhZwAAAAAB&resultIndex=2

In a recent article posted by Cusipag on her Facebook page, scum journalist, Romy Marquez claims Oswald Magno is responsible for the boycott against them in the headline titled, “IT’S OSWALD MAGNO AND HIS GROUP. Mastermind in Campaign Against Balita Newspaper Named.”

This is an outright lie. Magno did not start the boycott and neither did the various people Cusipag recklessly bullied for speaking out against her and Balita.

We reached out to Magno and he has indicated to be in contact with his lawyer “to file a contempt motion for a major violation by Cusipag and Marquez of the sub judice rule.”

 

Why Do We Remain Anonymous?

Our group remains anonymous to shield ourselves from the deception and aggravation inflicted upon various members of the community who have spoken out against Balita. In the Senator Enverga case where Cusipag and Marquez were found guilty of defamation, Judge Sidney Lederman wrote:

 

 The defendants, and in particular Cusipag, has done virtually everything she could to destroy and discredit Senator Enverga in an unrelenting manner, both in print and online…  They engaged in absolutely no investigation whatsoever as to the truth of what they were publishing.  They were recklessly indifferent to the truth of the Article… They have published innuendo with criminal implications which Cusipag herself admits in her affidavit as being “serious allegations of fraud”.  The defendants consistently and constantly repeated and published the Article and the Article remains on the website of Balita today and is available on the internet.  At no time has there been any retraction or apology given. 

https://www.canlii.org/en/on/onsc/doc/2016/2016onsc4512/2016onsc4512.html?searchUrlHash=AAAAAQAHY3VzaXBhZwAAAAAB&resultIndex=1

 

Would you subject yourselves to this kind of conduct?

TESS CUSIPAG AND ROMY MARQUEZ FOUND GUILTY BEYOND REASONABLE DOUBT OF CRIMINAL CONTEMPT

March 8, 2017

The slow wheels of justice have finally caught up with Balita tabloid’s feisty Editor/Publisher Teresita Cusipag and her sleaze-throwing cohort Romy Marquez who, until today, must have considered themselves immune from prosecution for their contemptible abuse of the freedom of the press.

Reading from a memo he hand-wrote on his copy of the Motion Record, Justice Frederick L. Myers of the Ontario Superior Court today pronounced Tess Cusipag and Romy Marquez guilty beyond reasonable doubt of criminal contempt, a stunning verdict that seemed to surprise even Howard Winkler, lawyer for Sen. Tobias Enverga Jr., so much so that he had to ask the judge to confirm what he had just heard.

The judge wrote that he was “satisfied beyond a reasonable doubt that the media defendants” (meaning Cusipag, Marquez and Balita) “have committed criminal contempt as alleged”.
“Sentencing will be scheduled at a case conference to be held after my reasons are released”, the judge added.

J. Myers’ finding of criminal contempt beyond reasonable doubt and his use of the word “sentencing” ominously spells jail time for the notorious Editor/Publisher and Associate Editor of Balita tabloid who defiantly published stories and disseminated emails that questioned the court’s decision in the Enverga defamation case and sullied the integrity of the judge who presided over that case, effectively inviting disrespect for and tarnishing the dignity of the court in a public manner.

For the members of the Filipino community here in Toronto, nothing could be more pleasing than to learn that the two community muckrakers responsible for casting a pall of negativism and destroying their vibrancy as a community will soon suffer ignominious consequences they probably never even saw coming.

As best as we can determine, the impending sentencing in the contempt proceeding may be the first time in Canada’s judicial history that the defendants in a libel case will be handed down a jail sentence for willfully violating a court order in a public manner and thus become a landmark decision that will be referenced in years to come.

Because the reasons for the decision have not yet been released, we can only speculate that the defendants’ acts must have been not only willful and public but also deliberate, flagrant, outrageous and perverse that the judge saw fit to not only compel compliance but also to punish the non-compliance.

Needless to say, we await with bated breath the complete details and reasons for the judge’s decision.

Perhaps fearing embarrassing taunts from the gallery in the event the proceeding went against them, neither Cusipag nor Marquez showed up at the hearing, although Cusipag was reported having been somewhere in the building looking very nervous and worried.

Cusipag had good reason to hide.  Despite her frantic pleas to her contacts days before the hearing, only two supporters showed up, clearly outnumbered by Enverga’s supporters. The dearth of Cusipag supporters at the hearing proves that Cusipag’s claims of broad community support for her personally and for her tabloid’s nefarious approach to community journalism are flat-out delusional. And no relatives of Cusipag were noted present either to give her the moral support she desperately sought.

As crushing and bruising the decision must be to Cusipag’s and Marquez’s bloated egos, it bears mentioning that they are nowhere near the end of their legal troubles. They are currently mired in at least three other libel lawsuits that collectively seek damages in the millions.

The pending lawsuits stemmed from Marquez’s ill-researched reports and vile and vengeful commentaries which targeted their critics and which were approvingly re-published by Cusipag in her Balita tabloid allegedly without proper review, corroboration, due-diligence investigation, editing or fact-checking.

The lawsuits essentially allege that Cusipag and Marquez used the tabloid as a platform to launch egregious attacks against their personal and mutual enemies, publishing false and defamatory statements which were driven by malice, spite and ill-will and were calculated to subject the object of their attacks to hatred, contempt and public ridicule.

If there is a lesson to be learned here, it is that there is no such thing as absolute freedom of the press, something that Cusipag and Marquez apparently do not comprehend.
Cusipag, who once described herself a “giant” compared to her fellow PPCO journalists who she described as “ants”, is learning this lesson the hard way.  In July last year, she was slapped with a $250,000 damage award exclusive of interest plus $90,000 in legal costs in the Enverga lawsuit.  Cusipag launched an appeal in hopes of reducing the amount of damages.

However, speculation is rife that the result of the contempt proceeding may not help Cusipag at all as her activities which formed the basis of the contempt proceeding validated the lower court’s finding that Cusipag had vowed to continue her attacks on Enverga out of deep personal resentment.  Some say it is possible that the damage award to Enverga may even be increased.

Well, justice has finally caught up in a dramatic and painful fashion with the overbearing duo who up until now has thought nothing about using their media as a tool for disseminating defamatory innuendos and oppressive commentaries.

Having witnessed their abusive writings over the past few years, we would not disagree with anyone who says that J. Myer’s impending sentence for their incarceration for criminal contempt is well-deserved.

As some would say, the verdict just “serves them right”. And we absolutely agree.

TESS CUSIPAG AND ROMY MARQUEZ FACE HEAVY FINES, COSTS AND POSSIBLE JAIL TERM

Balita tabloid Editor/Publisher Tess Cusipag’s and her favorite so-called “fearless investigative reporter” Romy Marquez’s troubles with the Canadian justice system continue to mount.

A motion filed with the Ontario Superior Court by Senator Tobias Enverga Jr.’s lawyers last month seeks to have the defiant and unrepentant duo cited in contempt of court for failing to abide with a July 13, 2016 decision that, among other things, prohibited further publication, directly or indirectly, of any statements relating to certain assertions concerning Enverga contained in several articles written by Marquez and published by Balita which were found to be false and defamatory and driven by malice.

Cusipag, who has no formal training in journalism and who has no qualms using her tabloid as a platform to launch vindictive derogatory attacks against anyone who disrespects her, and Marquez, a self-admitted muckraker who loves to tout his so-called “trademark investigative journalism” but has no record of any landmark investigations proving anything of consequence during his unremarkable career, are currently mired in several other multiple million-dollar lawsuits that have been filed against them in Ontario Superior Court arising from Marquez’s ill-researched reports and vile and vicious commentaries targeting his own, as well as Cusipag’s, personal enemies.

In the defamation lawsuit against Cusipag and Marquez which Enverga won, the judge found that defendants “engaged in absolutely no investigation whatsoever as to the truth” and that Cusipag “was motivated by malice”. The judge awarded Enverga a total of $250,000 in general, aggravated and punitive damages (excluding interest) and further ordered Cusipag to pay Enverga’s legal costs on a substantial indemnity basis to the tune of $90,000.

Based on evidence collected, the contempt motion alleges that the respondents have continued to publish statements relating to the prohibited defamatory assertions in violation of the court’s injunctive order.  It also alleges that Cusipag had violated the injunction by disseminating assertions relating to the defamation case via email to media outlets and to several of Enverga’s colleagues in the Canadian Senate.  However, Cusipag reportedly denied sending the emails to the senators saying that her email account has been “hacked”.

If the motion is successful, Cusipag and Marquez face a fine of $25,000 and may be ordered to pay Enverga’s legal costs on a substantial indemnity basis. In addition, if there is a finding of flagrant and willful disobedience of the court’s order, the duo may also be sent to jail as punishment.

Fearful of the possible dire consequences of an adverse ruling, Cusipag has been pleading with her dwindling circle of supporters to attend the March 8 hearing and to stand with her and lend her moral support while at the same time accusing Enverga of “intimidation” and “abusing his authority” in charging her with contempt.

Well, we wish Cusipag and Marquez all the best but they should know better than to disrespect the courts. In Canada such misconduct is an offence which carries with it penal sanctions which the judge could impose at his/her discretion depending on the severity of the offence. Enverga can hardly be blamed for wanting to stop Cusipag and Marquez from continuing to spread the same lies about him that have already been proven as such in court.  If the conniving duo do end up in jail, it is fair to say they have no one to blame but themselves.