Source: Supreme Court E-Library
This page was dynamically generated
by the E-Library Content Management System (E-LibCMS)
CORONA, J.:
An example is Marcos. We need not discuss this.
Second example is the Alcantaras.
| a) Overshipment of log; | b) Land grabbing; |
| c) Corruption of public office; | d) Corporate grabbing. |
(1) imputation of a crime, vice or defect, real or imaginary, or any act, omission, condition, status or circumstance;The factual antecedents are undisputed. The only issue is whether or not the controversial newsletter constituted privileged communication, which would exempt it from libel.
(2) publicity or publication;
(3) malice;
(4) direction of such imputation at a natural or juridical person, or even a dead person and
(5) tendency to cause the dishonor, discredit or contempt of the person defamed.
It is a settled principle in this jurisdiction that statements made in the course of judicial proceedings are absolutely privileged. This absolute privilege remains regardless of the defamatory tenor and the presence of malice if the same are relevant, pertinent or material to the cause in hand or subject of the inquiry. The lone requirement imposed to maintain the cloak of absolute privilege is the test of relevancy.Since the newsletter was presented during the preliminary investigation, it was vested with a privileged character. While Philippine law is silent on the question of whether the doctrine of absolute privilege extends to statements made in preliminary investigations or other proceedings preparatory to the actual trial, the U.S. case of Borg v. Boas[18] makes a categorical declaration of the existence of such protection:
In this case, a reading of the Sur-Rejoinder Affidavit, contrary to petitioner's submission, instantly shows that there was sufficient reference to the "newsletter" which justified the Justice Secretary and respondent Judge in holding that private respondent actually intended the said article to be included as an annex attached to said pleading and that the same was merely omitted and belatedly submitted to Prosecutor Bautista during the preliminary investigation. Such "sufficient reference" is shown by the fact that the newsletter is about SEC Case No. 2507 the very same case being discussed by private respondent in pages 8 to 12 of his Sur-Rejoinder Affidavit and hence, petitioner's claim that Annex "F" mentioned together with Annex "E", both articles showing the "devious maneuvering" of petitioner in the said case, refers to another article. And even if the supposed Exhibit "F" could refer also to that article "So The Public May Know," such circumstance will not exclude the subject "newsletter" as an intended annex to the said pleading as in fact private respondent explicitly mentioned "articles" without stating that there were only two (2) particular articles being referred or which of those articles caused to be published by his counsel.
As the Justice Secretary opined and which position the respondent Judge adopted, the "newsletter" containing the defamatory statement is relevant and pertinent to the criminal complaint for estafa then under preliminary investigation. The crime of estafa involves deceit, dishonesty and other fraudulent acts. The inclusion in the Sur-Rejoinder Affidavit of the "newsletter" discussing the alleged "corporate grabbing" by petitioner will tend to support private respondent's case of estafa against petitioner insofar as such alleged "corporate grabbing" will highlight or manifest petitioner's propensity for dishonest dealing or fraudulent machinations. There is therefore no doubt that the subject "newsletter" is relevant and pertinent to the criminal complaint for estafa, and hence the same comes within the protective cloak of absolutely privileged communications as to exempt private respondent from liability for libel or damages.
In determining the issue of relevancy of statements made in judicial proceedings, courts have adopted a liberal attitude by resolving all doubts in favor of relevancy. Thus, in People vs. Aquino, our Supreme Court has emphasized that "it is the rule that what is relevant or pertinent should be liberally construed to favor the writer, and the words are not to be scrutinized with microscopic intensity. The doctrine of privileged communication has a practical purpose.xxx xxx xxx
Publication in libel means making the defamatory matter, after it has been written, known to someone other than the person to whom it has been written. There is publication if the material is communicated to a third person. What is material is that a third person has read or heard the libelous statement, for "a man's reputation is the estimate in which others hold him, not the good opinion which he has of himself." Our Supreme Court has established the rule that when a public officer, in the discharge of his or her official duties, sends a communication to another officer or to a body of officers, who have a duty to perform with respect to the subject matter of the communication, such communication does not amount to publication. Applying this rule by analogy to the present case, private respondent's submission of the "newsletter" intended as an annex to his Sur-Rejoinder Affidavit in I.S. No. 97-39547 to Prosecutor Bautista who was then conducting the preliminary investigation in said case, does not amount to publication for the reason that the sending of such material was made specifically for the purpose of including the same as evidence in the preliminary investigation. That such submission was belatedly made does not take out the material from the absolutely privileged communication rule. Prosecutor Bautista had a legal duty to perform with respect to the subject communication, which is to consider the same along with the other evidence submitted by private respondent as complainant in I.S. no. 97-39547, in determining the existence of probable cause for the commission of the crime of estafa and that petitioner as accused-defendant therein should be tried for such offense. Under the circumstances and in the lawful exercise of private respondent's right to present evidence in support of his accusations against petitioner in the criminal complaint for estafa, We fail to see how such submission of documentary evidence omitted from the annexes to the Sur-Rejoinder Affidavit, could amount to publication that would give rise to private respondent's liability for a libel charge especially when there is no proof of the alleged circulation of copies of the subject "newsletter" except to the City Prosecutor's Office of Makati wherein I.S. No. 97-39547 was then in the preliminary investigation stage. Petitioner's feeble argument that Prosecutor Bautista remains a third person because the subject "newsletter" was never included or formally offered as evidence, hardly convinces Us to hold that there was actual publication for purpose of finding a prima facie case for libel against the private respondent. He must be reminded that the case for estafa was still at the preliminary investigation stage and there is no requirement of a "formal offer" of such documentary evidence or supporting documents to establish probable cause (citations omitted).[17]
It is hornbook learning that the actions and utterances in judicial proceedings so far as the actual participants therein are concerned and preliminary steps leading to judicial action of an official nature have been given absolute privilege. Of particular interest are proceedings leading up to prosecutions or attempted prosecutions for crime xxx [A] written charge or information filed with the prosecutor or the court is not libelous although proved to be false and unfounded. Furthermore, the information given to a prosecutor by a private person for the purpose of initiating a prosecution is protected by the same cloak of immunity and cannot be used as a basis for an action for defamation. (Emphasis ours)The ruling in Borg is persuasive in this jurisdiction. We see no reason why we should not adopt it.