530 Phil. 59
GARCIA, J.:
That on or about April 9, 1991, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-mentioned accused, Tony VN. Figueroa, writer under the column entitled "Footprints" of the People's Daily Forum, conspiring, confederating and helping one another with his co-accused Rogelio J. Flaviano, Publisher-Editor of the same magazine, with malicious intent of impeaching the honesty, integrity, character as well as the reputation and the social standing of one Aproniano Rivera and with intent to cast dishonor, discredit and contempt upon said Aproniano Rivera, willfully, unlawfully and feloniously published in the People's Daily Forum, a news publication as follows:On arraignment, petitioners as accused, assisted by counsel, entered a common plea of "Not Guilty." Thereafter, trial on the merits ensued."Bangkerohan public market these days is no different from the US Times Square. Bullies, thugs, hooligans and gyppers roam with impunity, some using organizational clout as a ploy to keep themselves from obvious exposure. Some leeches, like a certain Aproniano "Rey" Rivera, our sources say, are lording it over like the city's sprawling vegetable and meat complex has become an apportioned bailiwick.which newspaper was read by the people throughout Davao City, to the dishonor, discredit and contempt upon said Aproniano Rivera.
"Rivera, apparently a non-Visayan pseudobully flaunting with his tag as president of a vendor's federation, has intimated a good number of lowly hawkers. This is a confirmed fact, our sources believe. And our independent eveasdroppers [sic] have come with a similar perception of a man who continues to lead a federation when, in the first place, he has no business being in Davao or in Bankerohan.
"Often, Mr. "Re" (King?) Rivera strolls the stretches which criss-cross the Bankerohan confines with the arrogance of a tribal chieftain; the only differences, however, are that: he uses no G-strings, speaks in some strange Luzon lingo and twang, and has no solid leadership. Our reports have finely outlined the mechanics of Rivera's tactics despite assertions the man is nothing but a paper tiger conveniently propped up by federation members loyal to his sometime indecent role as a sachem.
"This man, the sources add, is backed by powerful city government hooligans who, it was reported, have direct hand in the planned manipulation in the distribution of stalls to privileged applicants. Even if he has reportedly sold his interest in the public market, which should be reason enough for him to resign from his position, Rivera still carries the false aura of intimidating poor vendors and imposing his insensible remarks about what must be done about the governance of Bangkerohan.
"Sometimes its hard to compel a man with Rivera's mind about the nuances of honorable resignation. May iba d'yan na pakapalan na lang ng mukha!"xxx xxx xxx
"Rivera, however, must be consoled in knowing he's not alone with his dirty antics. Romy Miclat, a president of a meat vendors group in Bankerohan, and his board member, Erning Garcia, have tacitly followed the way of the thugs, floating little fibs to gullible victims. Our moles have gathered the due are seeling [sic] the new public market stalls for P9,000 with the assurances that the buyer gets a display area ordinarily occupied by two applicants. A lot more have fallen prey to the scheme, and more the blindly swallowing all the books the two are peddling.
"This dilemma has been there for so long, but the city hall, RCDP, and the city council have continuously evaded the vicious cabal of men out to derail the raffling of the stalls to applicants. Some believe strongly this is odd, but they can only whimper at their helplessness against power-brokers who have taken over the dominance of Bangkerohan. One of the likely victims in this filthy machination are the sinapo vendors who have become explosively furious over the snafu they are facing because of the manipulation of stalls inside Bangkerohan.
"Insiders continuo[u]sly tell of woeful tales about how they have been given runarounds by many so-called public servants, but they have maintained their composures quite curiously. They are talking, however, of anger which, our sources [s]ay, may end up with a bloody retaliation. This probability is looming more lucid every day the officials handling the Bangkerohan stall mess are condoning their plight. Even politicos are oddly silent about the whole controversy for some unknown reasons. It looks like the alleged schemes perpetrated by Rivera, Miclat and Garcia will remain unperturbed, no thanks to power-brokers."
Contrary to law.
WHEREFORE, finding the evidence of the prosecution sufficient to prove the guilt of both accused, Tony Figueroa and Rogelio Flaviano, columnist and publisher-editor, respectively of the People's Daily Forum, of the offense charged, beyond reasonable doubt; their evidence adduced is not sufficient to afford their exoneration, pursuant to Art. 355 in relation to Art. 360 of the Revised Penal Code, without any mitigating ot [sic] aggravating circumstances, proved in the commission of the offense charged, imposing the indeterminate sentence law, both accused are hereby sentenced to suffer an indeterminate penalty of imprisonment of five months and one day of arresto mayor maximum as minimum penalty, to two years four months and 31 days of prision correccional minimum as maximum penalty with accessory penalty as provided for by law.From the trial court's judgment of conviction, petitioners went to the CA whereat their appellate recourse was docketed as CA-G.R. CR No. 17235.
Moreover, pursuant to Art. 100 in relation to Art. 104 of the Revised Penal Code, governing civil indemnity, both accused are ordered to pay jointly and solidarily the amount of P50,000.00 as moral damages to complainant, Aproniano Rivera and the amount of P10,000.00 by way of attorney's fees with costs.
Without any aggravating circumstances proved by the prosecution, in the commission of the offense charged exemplary damages against both accused, cannot be awarded. x x x
SO ORDERED.
WHEREFORE, premises considered, the decision of the Regional Trial Court is hereby AFFIRMED in all respects.Undaunted, petitioners are now with this Court via this petition for review on their submissions that the CA erred -
SO ORDERED.
The petition lacks merit.
- IN HOLDING THAT THE COLUMN ENTITLED "FOOTPRINTS" OF THE PEOPLE'S DAILY FORUM IS LIBELOUS OR DEFAMATORY TO PRIVATE COMPLAINANT APRONIANO RIVERA;
- IN HOLDING THAT PRIVATE COMPLAINANT IS NOT A PUBLIC OFFICER, HENCE THE PUBLISHED ARTICLE CANNOT BE CONSIDERED TO BE WITHIN THE PURVIEW OF PRIVILEGED COMMUNICATION;
- IN UPHOLDING THE AWARD OF MORAL DAMAGES AND ATTORNEY'S FEES.
Art. 353. Definition of libel. - A libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.Defamation, which includes libel and slander, means injuring a person's character, fame or reputation through false and malicious statements. It is that which tends to injure reputation or to diminish the esteem, respect, goodwill or confidence in the complainant or to excite derogatory feelings or opinions about him. It is the publication of anything which is injurious to the good name or reputation of another or tends to bring him into disrepute.[6]
Art. 354. Requirement for publicity. - Every defamatory 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:Again, as correctly found by both the trial court and the CA, Rivera is not a public officer or employee but a private citizen. Hence, the published article cannot be considered as falling within the ambit of privileged communication within the context of the above-quoted provision of the Penal Code.xxx xxx xxx
- 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 of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.
Complainant, when he read the subject publication, was embarrass on what was written against him, made more unpleasant on the occasion of the reunion of his son-in-law, who just arrived from the United States for the first time, was confronted of the above-defamatory publication. He was worried and depressed, about the comments against him, affecting his credibility and personality, as representative of many market organizations in Davao City.Having been exposed to embarrassment and ridicule occasioned by the publication of the subject article, Rivera is entitled to moral damages and attorney's fees.