This case has been cited 5 times or more.
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2015-01-14 |
SERENO, C.J. |
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| Malice can also be presumed inasmuch as the letters are not privileged in nature. Petitioner's contention that he has the legal, moral or social duty to make the communication cannot be countenanced because he failed to communicate the statements only to the person or persons who have some interest or duty in the matter alleged, and who have the power to furnish the protection sought by the author of the statement. A written letter containing libelous matter cannot be classified as privileged when it is published and circulated among the public.[26] Examination of the letters would reveal that petitioner himself intended for the letters to be circulated (and they were so) when he said that: May I therefore request the assistance of your office in circulating the above information to concerned officials and secretariat employees of the House of Representatives.[27] | |||||
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2014-06-04 |
REYES, J. |
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| In order to prove that a statement falls within the purview of a qualified privileged communication under Article 354, No. 1, the following requisites must concur: (1) the person who made the communication had a legal, moral, or social duty to make the communication, or at least, had an interest to protect, which interest may either be his own or of the one to whom it is made; (2) the communication is addressed to an officer or a board, or superior, having some interest or duty in the matter, and who has the power to furnish the protection sought; and (3) the statements in the communication are made in good faith and without malice.[44] | |||||
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2011-02-14 |
DEL CASTILLO, J. |
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| An allegation is considered defamatory if it ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary or any act, omission, condition, status or circumstance which tends to dishonor or discredit or put him in contempt or which tends to blacken the memory of one who is dead. To determine "whether a statement is defamatory, the words used are to be construed in their entirety and should be taken in their plain, natural and ordinary meaning as they would naturally be understood by persons reading them, unless it appears that they were used and understood in another sense."[15] Moreover, "[a] charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person or persons against whom they were uttered were guilty of certain offenses or are sufficient to impeach the honesty, virtue or reputation or to hold the person or persons up to public ridicule."[16] | |||||
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2007-06-19 |
YNARES-SANTIAGO, J. |
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| In praying to reinstate the penalty of imprisonment, petitioner is asking this Court to re-evaluate the evidence relied upon by the Court of Appeals vis-avis the philosophy enunciated in Vaca v. Court of Appeals and Lim v. People in fixing the penalty, that is, the redeeming valuable human material and preventing unnecessary deprivation of personal liberty and economic usefulness with due regard to the protection of the social order.[21] This cannot be done via petition for certiorari or appeal. | |||||
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2006-09-08 |
YNARES-SANTIAGO, J. |
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| In Buatis, Jr. v. People,[23] the Court found libelous a letter addressed to a lawyer for using words such as "lousy," "inutile," "carabao English," "stupidity," and "satan." It cast aspersion on the character, integrity and reputation of respondent as a lawyer and exposed him to public ridicule. Evidence aliunde was found unnecessary to prove libel. | |||||