This case has been cited 2 times or more.
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2009-11-25 |
CHICO-NAZARIO, J. |
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| We are not swayed by the explanations of respondents Cabrera and Valino. In determining the defamatory character of words used, the explanation of the respondent should not prevail over what the utterances (or writing) convey to an ordinary listener (or reader).[18] Furthermore, as held by this Court in United States v. Sotto[19]: [F]or the purpose of determining the meaning of any publication alleged to be libelous "that construction must be adopted which will give to the matter such a meaning as is natural and obvious in the plain and ordinary sense in which the public would naturally understand what was uttered. The published matter alleged to be libelous must be construed as a whole. In applying these rules to the language of an alleged libel, the court will disregard any subtle or ingenious explanation offered by the publisher on being called to account. The whole question being the effect the publication had upon the minds of the readers, and they not having been assisted by the offered explanation in reading the article, it comes too late to have the effect of removing the sting, if any there be, from the word used in the publication." (Emphasis supplied.) | |||||
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2008-10-06 |
REYES, R.T., J. |
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| A cause of action is defined as "an act or omission of one party in violation of the legal right or rights of the other; and its essential elements are legal right of the plaintiff, correlative obligation of the defendant, and act or omission of the defendant in violation of said legal right."[25] The elements of a cause of action: (1) a right in favor of plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation on the part of the named defendant to respect or not to violate the right; and (3) an act or omission on the part of defendant violative of the right of plaintiff or constituting a breach of an obligation to the latter.[26] It is only when the last element occurs that a cause of action arises.[27] | |||||