Professional Documents
Culture Documents
CASE DIGEST required, since Fermin has been specifically identified as “author,
editor, or proprietor” or “printer/publisher” of the publication but also
CHRISTINA FERMIN, petitioner vs. People of the Philippines, the “president” and “chairperson.” Thus, petitioner’s criminal guilt
respondents should be affirmed,
28 March 2008
HELD: YES.
G.R. No. L-6465
• Proof of knowledge of and participation in the publication is not
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CASE DIGESTS ON LIBEL
January 31, 1955 Usury Division, N.B.I., and was a substantial, if not a faithful
reproduction of the said press release which was, in turn, an
NORBERTO QUISUMBING, petitioner-appellant, accurate report of the official proceedings taken by the Anti-Usury
vs. Division. The article merely reported a raid on the 'business offices
EUGENIO LOPEZ, ET AL., respondents-appellees of three alleged money lenders'; and related the steps actually
taken or to be taken by the proper officials relative to the
investigation. It did not go beyond the actual report of official
ISSUE: actuations.
Whether or not The Manila Chronicle’s published article with a RULING OF THE CASE:
malicious headline is liable of libel?
HELD
FACTS:
1) NO. The elements of libel are NOT present.
1. The respondents Eugenio Lopez, Ernesto del Rosario and Roberto
Villanueva are the publisher, editor-in-chief, and general manager i) Headlines which are voluntarily defamatory statements of the
respectively of The Manila Chronicle, a daily newspaper published publisher are not privileged even though they head a privileged
and circulated in English in the City of Manila. On July 15, 1949, the report of a judicial or other public proceedings. It is not
petitioner, Norberto Quisumbing, filed a complaint against said necessary to reiterate the rule that the headline of an article
respondents in the Court of First Instance of Manila for the recovery might be libelous while the body of the article is privileged. The
of damages in the sum of P50,000 as a result of the following whole libel might be included in the headlines.
alleged libelous publication in The Manila Chronicle of November 7,
1947.
A publication claimed to be defamatory must be read and
construed in the sense in which the readers to whom it is
“NBI MEN RAID OFFICES OF 3 CITY USURERS" addressed would ordinarily understand it. So, the whole
item, including display lines, should be read and
2. After answer and trial the Court of First Instance of Manila rendered construed together, and its meaning and signification
a judgment dismissing the complaint from which the petitioner thus determined.
appealed to the Court of Appeals. The latter Court, in its decision
promulgated on January 19, 1953, affirmed the judgment of the ii) The headline of an article or paragraph, being so conspicuous
court of origin; and the case is now before us on petition for review as to attract the attention of persons who look casually over a
on certiorari filed by the petitioner. paper without carefully reading all its contents, may in itself
inflict very serious injury upon a person, both because it may
be the only part of the article which is read, and because it may
cast a graver imputation than all the other words following it.
There is no doubt that in publications concerning private
3. The Court of Appeals found "that the context of the article in persons, as well as in all other publications which are claimed
question, is a fair, impartial and true report of official or public
to be libelous, the headlines directing the attention to the
proceeding authorized by law. The news item was the result of a
publication may be considered as a part of it and may
press release in connection with an official investigation of the Anti-
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CASE DIGESTS ON LIBEL
even justify a court in regarding the publication as Fair Comments on Matters of Public Interest
libelous when the body of the article is not necessarily so.
2) The Court of Appeals found as a fact that "there is no evidence in the G.R. No. L-16027
record to prove that the publication of the news item under
consideration was prompted by personal ill will or spite, or that May 30, 1962
there was intention to do harm," and that on the other hand there was
"an honest and high sense of duty to serve the best interests of the
public, without self-seeking motive and with malice towards none." LUMEN POLICARPIO, plaintiff-appellant, vs. THE MANILA TIMES PUB.
CO., INC., CONSTANTE C. ROLDAN, MANUEL V. VILLA-REAL, E.
AGUILAR CRUZ and CONSORCIO BORJE, defendant-appellees.
Matters Considered Privileged By Jurisprudence
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CASE DIGESTS ON LIBEL
the Pres’l Complaint & Action Commission” (PCAC) is not true, the • It is obvious that the filing of criminal complaints by another agency
complaints for said offenses having been filed by Reyes. Neither is of the Govt, like the PCAC, particularly after an investigation
it true that said “criminal action was initiated as a result of current conducted by the same, imparts the ideal that the probability of guilt
administrative investigation.” is greater than when the complaints are filed by a private individual,
wspecially when the latter is a former subordinate of the alleged
offender, who was responsible for the dismissal of the complainant
• PLAINTIFF maintains that the effect of these false statements was from her employment.
to give the general impression that said investigation by Col. Alba
had shown that plaintiff was guilty and that, as a consequence,
PCAC had filed the corresponding complaints w/ the fiscal’s office. • Newspapers must enjoy a certain degrees of discretion in
She also said that the article did not mention that fact that the determining the manner in which a given event should be
number of stencils involved in the charge was only 18 or 20; that presented to the public, and the importance to be attached thereto,
the sum allegedly misappropriated by her was only P54, and that as a news item, and that its presentation in a sensational manner is
the falsification imputed to her was said to have been committed by not per se illegal. Newspapers may publish news items relative to
claiming that certain expenses for which she had sought judicial, legislative or other official proceedings, which are not of
reimbursement were incurred in trips during the period from July 1 confidential nature, because the public is entitled to know the truth
– Sept 30 1955, although the trips actually were made from Jul 8- with respect to such proceedings. But, to enjoy immunity, a
Aug 31, 1955. By omitting these details, plaintiff avers that the Aug publication containing derogatory information must be not
11 article had the effect of conveying the idea that the offenses only true, but, also, fair, and it must be made in good faith and
imputed to her were more serious than they really were. without any comments or remarks.
• DEFENDANTS contend that though the complaints were filed, not • Art. 354, RPC provides:
by the PCAC but by Reyes, this inaccuracy is insignificant & “Every defamatory imputation is presumed to be malicious even if it
immaterial to the case for the fact is that said complaints were filed.
be true, if no good intention & justifiable motive for making it is
As regards the number of sheets & the nature of the falsification
charged, they argue that these “details” do not affect the shown, except, “A fair and true report, made in good faith, w/o
truthfulness of the article as a whole. Besides, defendants had no any comments or remarks….”
means of knowing such “details.”
SC: Prior to Aug 11, Col. Alba had already taken the testimony of
witnesses; hence, defendants could have ascertained the “details”
had they wanted to. The number of stencil sheets used was • In the case at bar, aside from containing information derogatory to
actually mentioned in the Aug 13 article. the plaintiff, the Aug 11 article presented her in a worse
predicament than that in which she, in fact was. Said article was not
• Moreover, the penalty for estafa/embezzlement depends partly a fair and true report of the proceedings therein alluded to. What is
upon the amount of the damage caused to the offended party. more, its sub-title “PCAC raps Policarpio on fraud” is a comment or
Hence, the amount or value of the property embezzled is material remark, besides being false. Accordingly, the defamatory
to said offense. imputations contained in said article are “presumed to be
malicious”
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CASE DIGESTS ON LIBEL
• In falsely stating that the complaints were filed by PCAC, either 1. Before this Court is a Petition for Review on Certiorari seeking to
defendants knew the truth or they did not. If they did, then the set aside the April 20, 1998 Decision[1 of the Regional Trial Court
publication would actually be malicious. I f they did not, or if they of Cebu City, Branch 57, which dismissed petitioners Complaint for
acted under a misapprehension of the facts, they were guilty of Libel.
negligence in making said statement. 2. Petitioner is the presiding judge of the Regional Trial Court of Cebu
City, Branch 7. He filed a Complaint[2 for Libel on account of two
articles which appeared in the August 28, 1997 and August 30,
We note that the Aug 13 article rectified a major inaccuracy in the 1997 issues of Sun-Star Daily, a provincial newspaper published
1st article, by stating that neither Col. Alba nor the PCAC had filed and circulated by respondent in Cebu.
the complaints. It likewise indicated the number of stencil sheets
involved. But, this rectification or clarification does not wipe out the The August 28, 1997 article, which appeared on pages two (2)
responsibility arising from the publication of the Aug 11 article, and twenty two (22) of the aforesaid newspaper, reads in full
although it should mitigate it. as follows
HELD: Decision reversed. Defendants ordered to pay plaintiff moral 3. BRANCH 7 Judge Martin Ocampo of the Regional Trial Court
damages, atty’s fees plus cost. (RTC) faces graft charges before the Office of the Ombudsman for
the Visayas.Ocampo, in an interview yesterday, down-played the
filing of the case saying it is natural for the losing party to hate the
judge. He considers the case as pure harassment.
G.R. No. 133575. 4. Instead, Tan said, Judge Ocampo adjudged counsel Tagra guilty of
direct contempt on May 9, 1997 for filing a motion for
reconsideration to the order granting the relief.
December 15, 2000 5. The August 30, 1997 article, appearing on pages two (2) and
twenty six (26) of the paper, reads
JUDGE MARTIN A. OCAMPO, Petitioner, v. SUN-STAR PUBLISHING,
INC., Respondent. No jurisdiction, says Judge on Ombudsman
1. While the law presumes every defamatory imputation to be Third, they were both fair reports. The fairness and balance
malicious, there are exceptions to this general rule, set forth in exercised by private respondent is evident in the fact that petitioner
Article 354 of the Revised Penal Code, was given a chance to air his side on the graft charges filed against
him. In fact, before the first article was published, private
respondents reporter took pains to interview petitioner on the
ART. 354. Requirement of publicity. Every defamatory matter; and his reactions were equally published in both articles.
imputation is presumed to be malicious, even if it be true,
if no good intention and justifiable motive for making it is
shown, except in the following cases: Finally, the reports were also true accounts of a newsworthy event,
the filing of graft charges against a local judge. It cannot be denied
that petitioner did face graft raps at the Ombudsman as the
1. A private communication made by any person to complaint filed against him was for violation of Section 3(e) of the
another in the performance of any legal, moral or social Anti-Graft and Corrupt Practices Act. Neither can the narration in
duty; the articles be denied as these were merely culled from the subject
affidavit-complaint.
2. A fair and true report, made in good faith, without any
comments or remarks, of any judicial, legislative or other
official proceedings which are not of confidential nature, or 3. Petitioner cannot insist that the case against him is confidential in
of any statement, report or speech delivered in said nature because it has already been ruled that complaints are public
proceedings, or of any other act performed by public records which may be published as such unless the Court directs
officers in the exercise of their functions. otherwise in the interest of morality or decency. Neither should the
case of In Re: Abistado, relied upon by petitioner, be applied to
the instant case since, unlike In Re: Abistado where the
2. First, the articles complained of are fair and true reports of a proceedings were on charges of malpractice against a lawyer which
judicial/administrative proceeding, which is not confidential in are confidential in nature, the charge filed before the Ombudsman
nature. They quote directly from the affidavit-complaint filed before against petitioner is not administrative in nature, such as to fall
the Ombudsman. Indeed, a perusal of the first article would readily under the confidentiality rule of the Rules of Court, but criminal in
show that it merely reported the filing of graft charges against nature, being a graft charge under Republic Act No. 3019. Unlike
petitioner before the Office of the Ombudsman for the Visayas. In the proceedings in this Court, which expressly mandates that its
so reporting, the article quoted from the affidavit-complaint filed by disciplinary proceedings for lawyers and judges are confidential in
the complainant lawyer, Elias Tan, and narrated the antecedent nature, the Office of the Ombudsman has no such confidentiality
facts leading to the filing of the graft charges. On the other hand, rule.
the second article presented petitioners own reactions against the 4. While the administrative nature of proceedings before us allows the
graft charges filed against him; with explanatory statements from protection of the personal and professional reputation of our
Office of the Ombudsman Director Virginia Santiago refuting colleagues in the profession of law and justice against baseless
petitioners claims that the said office had no jurisdiction over graft charges of disgruntled, vindictive and irresponsible clients and
charges against judges for alleged violations of judicial canons. litigants, the criminal nature of the Anti-Graft and Corrupt Practices
Act does not allow the same protection to our brethren in the
Second, there were no comments or remarks made by the reporter judiciary, who are placed on the same level, without distinction, as
of private respondent in both instances. The articles were pure other government employees. Violations of this law partake of an
reports of the graft charges filed against petitioner. infinitely more serious nature, touching as it does on what has been
perceived to be an endemic social cancer eroding our system of
government. It cannot be denied that this is a matter in which the
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CASE DIGESTS ON LIBEL
PHILIPPINE DAILY INQUIRER, INC., LETTY JIMENEZ MAGSANOC, ROSAURO G. A day before the elections or on May 10, 1992,
ACOSTA, JOSE MARIA NOLASCO, ARTEMIO T. ENGRACIA, JR., RAFAEL respondent Philippine Daily Inquirer, Inc. (PDI) also came
CHEEKEE, and MANILA DAILY BULLETIN PUBLISHING CORPORATION,
NAPOLEON G. RAMA, BEN F. RODRIGUEZ, ARTHUR S. SALES, CRIS J. ICBAN, out with a similar story, to wit:
JR.,
FACTS:
Page 8 of 18
CASE DIGESTS ON LIBEL
3. On May 11, 1992, the national and local elections were held as to plaintiff; 2. Both defendants are
likewise ordered to pay an exemplary
scheduled. When results came out, it turned out that petitioner
damage in the amount of P500,000.00
failed in his mayoralty bid. each; 3. To pay plaintiff’s attorneys fees
in the amount of P100,000.00 4. And to
pay the costs.
4. Believing that his defeat was caused by the publication of the
above-quoted stories, petitioner sued respondents PDI and Manila 7. This petition for review on certiorari assails the Amended Decision
Bulletin as well as their publishers and editors for damages before dated May 25, 2004 of the Court of Appeals in CA-G.R. CV No.
the RTC of Bais City. He alleged that the articles were maliciously 54134, reversing the Decision of the Regional Trial Court (RTC) of
timed to defeat him. He claimed he should have won by landslide, Negros Oriental, Dumaguete City, Branch 44 in Civil Case No. 206-
but his supporters reportedly believed the news items distributed by B, which had awarded damages to petitioner for respondents false
his rivals and voted for other candidates. He asked for actual reporting.
damages of P270,000 for the amount he spent for the campaign,
moral damages of P10,000,000, an unspecified amount of
exemplary damages, attorney’s fees of P300,000 and costs of suit. RULING OF THE CASE:
5. Respondents disclaimed liability. They asserted that no malice can 1. YES. The news items derogatory and injurious to petitioner’s
be attributed to them as they did not know petitioner and had no reputation and candidacy. It faulted respondents for failing to verify
interest in the outcome of the election, stressing that the stories the truth of the news tips they published and held respondents
were privileged in nature. liable for negligence, citing Policarpio v. Manila Times Pub. Co.,
Inc. the news items lacked truth and fairness, they were not
6. On April 18, 1996, the trial court rendered a decision in favor of privileged communications.
petitioner that the defendants Philippine Daily Inquirer, [Inc.] and
Manila [Daily] Bulletin Publishing Corporation with their respective 2. Although the stories were false and not privileged, as there is no
officers are liable [for] damages to plaintiff: proof they were obtained from a press conference or release,
respondents were not impelled by malice or improper motive. There
1. As moral damages, the Philippine was also no proof that petitioner’s supporters junked him due to the
Daily Inquirer, [Inc.] and the Manila
[Daily] Bulletin Publishing Corporation
are ordered to pay P1,000,000.00 each
Page 9 of 18
CASE DIGESTS ON LIBEL
reports. Neither was there any proof he would win, making his
action unfounded.
nothing in his complaint shows that his cause of action had some 1. A civil action for damages based on libel was filed before
shade of libel as defined in the Revised Penal Code. He also did the court against Borjal and Soliven for writing and
publishing articles that are allegedly derogatory and
not hint a resort to a criminal proceeding for libel.
offensive against Francisco Wenceslao, attacking among
others the solicitation letters he send to support a
4. PDI and its officers argue that petitioner’s complaint clearly lays a conference to be launch concerning resolving matters on
transportation crisis that is tainted with anomalous
cause of action arising from libel as it highlights malice underlying
activities.
the publications. And as malice is an element of libel, the appellate
court committed no error in characterizing the case as one arising 2. Wenceslao however was never named in any of the
articles nor was the conference he was organizing. The
from libel.
lower court ordered petitioners to indemnify the private
respondent for damages which was affirmed by the Court
of Appeals. A petition for review was filed before the SC
contending that private respondent was not sufficiently
identified to be the subject of the published articles.
Issue:
Ruling of the Case: 3. The questioned article dealt with matters of public interest as the
declared objective of the conference, the composition of its
members and participants, and the manner by which it was
intended to be funded no doubt lend to its activities as being
1. In order to maintain a libel suit, it is essential that the victim be genuinely imbued with public interest. Respondent is also deemed
identifiable although it is not necessary that he be named. It is also to be a public figure and even otherwise is involved in a public
not sufficient that the offended party recognized himself as the issue. The court held that freedom of expression is constitutionally
person attacked or defamed, but it must be shown that at least a guaranteed and protected with the reminder among media
third person could identify him as the object of the libelous members to practice highest ethical standards in the exercise
publication. These requisites have not been complied with in the thereof.
case at bar. The element of identifiability was not met since it was
Wenceslaso who revealed he was the organizer of said conference -----------------------------------------------------------------------------------------------------
and had he not done so the public would not have known. ------
2. The concept of privileged communications is implicit in the freedom A privileged communication may be either:
of the press and that privileged communications must be protective
of public opinion. Fair commentaries on matters of public interest
are privileged and constitute a valid defense in an action for libel or
slander. 1. Absolutely privileged communication à those which are not actionable
even if the author has acted in bad faith. An example is found in Sec. 11,
The doctrine of fair comment means that while in Art.VI, of the 1987 Constitution which exempts a member of Congress from
general every discreditable imputation publicly made is liability for any speech or debate in the Congress or in any Committee
deemed false, because every man is presumed innocent thereof.
until his guilt is judicially proved, and every false
imputation is deemed malicious, nevertheless, when the
discreditable imputation is directed against a public person
2. Qualifiedly privileged communications à those containing defamatory
in his public capacity, it is not necessarily actionable. In
imputations are not actionable unless found to have been made without
order that such discreditable imputation to a public official
good intention justifiable motive. To this genre belong "private
may be actionable, it must either be a false allegation of
communications" and "fair and true report without any comments or
fact or a comment based on a false supposition. If the
remarks."
comment is an expression of opinion, based on
established facts, then it is immaterial that the opinion
happens to be mistaken, as long as it might reasonably be
inferred from the facts.
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G.R. No. 135306 disparage the Muslims and Islam, as a religion in this
country, in violation of law, public policy, good morals and
human relations;
January 28, 2003
c) that on account of these libelous words Bulgar insulted
MVRS PUBLICATIONS, INC., MARS C. LACONSAY, MYLA C. AGUJA not only the Muslims in the Philippines but the entire
and AGUSTINO G. BINEGAS, JR., petitioners, Muslim world, especially every Muslim individual in non-
vs. Muslim countries.
ISLAMIC DA'WAH COUNCIL OF THE PHILIPPINES, INC., 3. MVRS PUBLICATIONS, INC. and BINEGAS, JR., in their defense,
ABDULRAHMAN R.T. LINZAG, IBRAHIM F.P. ARCILLA, ABDUL RASHID contended that the article did not mention respondents as the
DE GUZMAN, AL-FARED DA SILVA and IBRAHIM B.A. JUNIO, object of the article and therefore were not entitled to damages;
respondents. and, that the article was merely an expression of belief or opinion
and was published without malice nor intention to cause damage,
prejudice or injury to Muslims.
ISSUE:
Whether or not there was an existence of the elements of libel in the 4. The RTC dismissed the complaint holding that Islamic Da’wah et al.
Bulgar article. failed to establish their cause of action since the persons allegedly
defamed by the article were not specifically identified. The alleged
libelous article refers to the larger collectivity of Muslims for which
the readers of the libel could not readily identify the personalities of
FACTS: the persons defamed. Hence, it is difficult for an individual Muslim
member to prove that the defamatory remarks apply to him.
b) that these words alluding to the pig as the God of the HELD
Muslims was not only published out of sheer ignorance The article was not libelous. Petition GRANTED. The assailed Decision
but with intent to hurt the feelings, cast insult and of the Court of Appeals was REVERSED and SET ASIDE and the decision
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2. Defamation, which includes libel (in general, written) and 7. "Emotional distress" tort action has no application in this
slander (in general, oral), means the offense of injuring a case because no particular individual was identified in the
person's character, fame or reputation through false and Bulgar article. "Emotional distress" means any highly
malicious statements. It is that which tends to injure unpleasant mental reaction such as extreme grief, shame,
reputation or to diminish the esteem, respect, good will or humiliation, embarrassment, anger, disappointment, worry,
confidence in the plaintiff or to excite derogatory feelings or nausea, mental suffering and anguish, shock, fright, horror,
opinions about the plaintiff. and chagrin. This kind of tort action is personal in nature,
i.e., it is a civil action filed by an individual to assuage the
3. Defamation is an invasion of a relational interest since it injuries to his emotional tranquility due to personal attacks
involves the opinion which others in the community may on his character. Under the Second Restatement of the
have, or tend to have, of the plaintiff. Words which are Law, to recover for the intentional infliction of emotional
merely insulting are not actionable as libel or slander per distress the plaintiff must show that:
se, and mere words of general abuse however opprobrious,
ill-natured, or vexatious, whether written or spoken, do not (a) The conduct of the defendant was intentional
constitute a basis for an action for defamation in the or in reckless disregard of the plaintiff;
absence of an allegation for special damages. (b) The conduct was extreme and outrageous;
4. Declarations made about a large class of people cannot be (c) There was a causal connection between the
interpreted to advert to an identified or identifiable defendant's conduct and the plaintiff's mental
individual. Absent circumstances specifically pointing or distress;
alluding to a particular member of a class, no member of
such class has a right of action without at all impairing the (d) The plaintiff's mental distress was extreme
equally demanding right of free speech and expression, as and severe.
well as of the press, under the Bill of Rights. 8. "Extreme and outrageous conduct" means conduct that is
so outrageous in character, and so extreme in degree, as to
5. The SC used the reasoning in Newsweek v IAC: where the
go beyond all possible bounds of decency. The actions
defamation is alleged to have been directed at a group or must have been so terrifying as naturally to humiliate,
class, it is essential that the statement must be so embarrass or frighten the plaintiff.
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CASE DIGESTS ON LIBEL
9. Any party seeking recovery for mental anguish must prove Whether or not PEP’s apology constitutes and or mitigate the libel
more than mere worry, anxiety, vexation, embarrassment, suit from Guttierrez?
or anger. Liability does not arise from mere insults,
indignities, threats, annoyances, petty expressions, or other FACTS:
trivialities. Intentional tort causing emotional distress must
necessarily give way to the fundamental right to free
speech. 1. Actor Richard Gutierrez filed on Monday a P25-million libel
complaint at the Makati City Prosecutor's Office against the editor-
10. Respondents' lack of cause of action cannot be cured by in-chief of a showbiz website.
the filing of a class suit. An element of a class suit is the 2. The lead actor of GMA-7's "Zorro," who arrived past 2 p.m. with his
adequacy of representation. In determining the question of family, claimed that Jo-Ann Maglipon, editor in chief of Philippine
fair and adequate representation of members of a class, the Entertainment Portal, and two others, maliciously published an
court must consider: article on March 29 that accused him of being in a gun-toting
incident with actor Michael Flores.
(a) whether the interest of the named party is 3. Gutierrez said that as an endorser of several brands, the article
coextensive with the interest of the other discredited him by portraying him as a "troublemaker" when "no
members of the class; such incident took place."
(b) the proportion of those made parties as it so 4. Also named as respondents in the five-page complaint were Karen
bears to the total membership of the class; Pagsolingan, PEP managing editor and Ferdinand Godinez, staff
and, writer.
5. PEP earlier posted an apology on its website, acknowledging its
(c) any other factor bearing on the ability of the mistake of posting the story on the alleged gun-toting incident
named party to speak for the rest of the class. without getting the statements of Gutierrez and Flores.
6. Maglipon said that Gutierrez’s mother and manager, Annabelle
Islamic Da’wah Council of the Philippines, Inc., seeks in effect to assert the Rama, had agreed not to press charges against PEP if they would
interests not only of the Muslims in the Philippines but of the whole Muslim issue an apologize on the website.
world as well. Private respondents obviously lack the sufficiency of numbers 7. Actor Richard Gutierrez has lost his legal battle with Philippine
to represent such a global group; neither have they been able to Entertainment Portal (PEP) after the Department of Justice (DOJ)
demonstrate the identity. dismissed the libel suit he filed against the entertainment Web site.
Richard Gutierrez, petitioner vs. Jo-Ann Maglipon, editor in chief of 1. The Associate Prosecutor Mary Jane Sytat, cited "lack of probable
PEP, respondent cause" in dismissing Gutierrez’s libel complaint against editor-in-
chief Jo-Ann Maglipon, managing editor Karen Pagsolingan and
writer Ferdinand "Bong" Godinez.
ISSUE: 2. The resolution acknowledged that PEP committed a lapse when it
published a story on the gun-toting incident allegedly involving
Whether or not Maglipon is liable of malicious published articles on Gutierrez and fellow actor Michael Flores in March. The article,
PEP website? Gutierrez complained, gave an impression that he was a
troublemaker.
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CASE DIGESTS ON LIBEL
Malice in Fact or Malice as a Fact. -. It is the malice which 2. Atty. Ding So of the Bureau of Customs filed a libel suit in
must be proven by the plaintiff. He must prove the four separate information against Erwin Tulfo, Susan
purpose of the accused is to malign or harm or injure his Cambri, Rey Salao, Jocelyn Barlizo, and Philip Pichay of
reputation. This arises either because:
Remate.
(i) the article is not defamatory on its face or if libelous it is
ambiguous 3. After trial, the Regional Trial Court found Tulfo guilty of
libel. The CA affirmed the decision.
(ii) the accused was able to overcome the presumption of
malice. Issues:
5. YES. It cited Maglipon’s apology and order to immediately pullout 1. Whether or not Tulfo is guilty of false and malicious imputations in
the article and PEP’s attempt to get Flores’ side of the story as his column in Remate.
“sufficient evidence to show that the respondents have no desire to 2. Whether or not the assailed articles are privileged.
deliberately injure the reputation of the complainant.” 3. Whether or not the assailed articles are fair commentaries.
1. YES, For the ruling in Borjal case was not applied to this libel case:
CASE DIGEST
a. The case was based on a criminal case.
GR Nos. 161032 and 161176 b. There was sufficient identification of the complainant.
c. The subject was not a private citizen, in this case, the a. The absence of details of the acts committed by the
subject is a public official. subject. These are plain and simple and mere “gossip”
d. In this case it is not in the scope of “fair commentaries accusations, backed up by the word of one unnamed
on matters of public interest.” source.
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CASE DIGESTS ON LIBEL
FACTS: him through intimidation and threats to himself, his family and
his businesses.
2. Yuchengco did not cast any aspersion on complainant
1. Former President Joseph Estrada filed yesterday a libel suit against Estrada’s or any other person’s character, integrity and
business tycoon Alfonso Yuchengco and the Philippine Daily reputation,” the ruling said.
Inquirer over allegations that he coerced the businessman to sell
his shares in the Philippine Long Distance Telephone Co. (PLDT), The resolution further said that Yuchengco statement was
the country’s largest telecommunications firm. privileged in nature because it constitutes fair comment on
2. In his six-page complaint Estrada also named as respondents matters of public interest.
Philippine Daily Inquirer (PDI) publisher Isagani Yambot, editor-in-
chief Letty Jimenez-Magsanoc and reporters Daxim Lucas,
Christine Avendano and Doris Dumlao. Matters Considered Privileged By Jurisprudence
PDI published the story entitled “Erap bullied me, says 1. Fair Comments on Matters of Public Interest
Yuchengco-Taipan confirms coercion in PLDT deal,”
which was based on a privilege speech delivered by
Senator Panfilo Lacson last Monday. (a) In Borjal vs. Ct. of Appeals, (301 SCRA 1, Jan. 14,
1999) it was held that the enumeration in Article 354 is not
3. In filing the complaint, Estrada denied Yuchengco’s allegation and an exclusive list of qualifiedly privileged communications
said the news report was based on false and malicious statements. because “fair comments on matters of public interest are
4. The former president said in his complaint. “Respondent privileged and constitute a valid defense in an action for
Yuchengco’s statements imputing to me the commission of serious libel or slander”
crimes are mere fabrications. I vehemently deny having committed
any unlawful or criminal act against respondent Yuchengco or the (b). They refer to events, developments, or matters in
members of his family in relation to the sale made by the which the public as a whole has a legitimate interest.
respondent of his Philippine Telecommunications Investment Corp.
(PTIC)/PLDT shares in favor of First Pacific (First Pacific Co. Ltd),” 3. “Since the privileged character of a communication destroys
5. As to the liability of the Inquirer, Estrada said the respondents the presumption of malice, the onus of proving actual malice
caused the printing, publication and circulation of false and lies on complainant Estrada [but] no malice can be presumed
malicious statements without first validating them. from the questioned statement because complainant is a public
6. Estrada asked P10 million to P20 million worth of damages. figure,” the Justice department said.
7. February 22, 2010 the CA dismissed the libel suit to PDI.
Doctrine of Privilege Communication
RULING OF THE CASE:
Qualifiedly/Conditionally Privileged Communication: this
1. In dismissing the libel case, the Justice department pointed refers to communications in which the law presumes the
that Yuchengco never said that Estrada intimated and absence of malice, thus they are initially not actionable.
threatened him to sell his PLDT shares. The burden therefore is on the plaintiff to prove the
existence of actual malice.
“The questioned statement can be interpreted in no other way
than that Yuchengco’s shareholdings in PTIC were taken from
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CASE DIGESTS ON LIBEL
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