Title
Binay vs. Secretary of Justice
Case
G.R. No. 170643
Decision Date
Sep 8, 2006
A libel case involving a defamatory article about a minor's lavish lifestyle, alleging malicious intent and invasion of privacy, upheld by the Supreme Court.
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Case Digest (G.R. No. 170643)

Facts:

  1. Publication of the Article:

    • In the April 15-21, 2001 issue of Pinoy Times Special Edition, an article titled "ALYAS ERAP JR." was published. The article discussed the alleged extravagant lifestyle of the Binay family and the assets they acquired while in public office.
    • Paragraph 25 of the article specifically mentioned Joanna Marie Bianca Binay, the 13-year-old adopted daughter of Jejomar Binay, stating that she bought underwear worth P1,000 each and lived a lavish lifestyle, allegedly spoiled by her father.
  2. Complaint for Libel:

    • Elenita S. Binay, Joanna's mother, filed a complaint for libel against Vicente G. Tirol (publisher) and Genivi V. Factao (writer) with the Makati City Prosecutor's Office.
    • The complaint alleged that the article was malicious and intended to destroy Joanna's reputation by portraying her as a spoiled, spendthrift child who spent exorbitant amounts on underwear. It also highlighted her status as an adopted child, which was deemed unnecessary and invasive of her privacy.
  3. Affidavit of Joanna:

    • Joanna submitted an affidavit denying the allegations, stating that she had never purchased underwear worth P1,000 and that the article was a blatant lie aimed at ridiculing her and damaging her reputation.
  4. Preliminary Investigation:

    • The Makati City Prosecutor found probable cause for libel and recommended the filing of an information against the respondents.
    • The case was filed with the Regional Trial Court of Makati City.
  5. Motion to Re-Open Preliminary Investigation:

    • Private respondents claimed they did not receive the subpoena and filed an omnibus motion to re-open the preliminary investigation. The motion was denied by the City Prosecutor.
  6. Petition for Review with the Secretary of Justice:

    • Private respondents filed a petition for review with the Secretary of Justice, who reversed the City Prosecutor's findings and ordered the withdrawal of the information.
    • Elenita Binay's motion for reconsideration was denied, prompting her to file a petition for certiorari and prohibition with the Court of Appeals.
  7. Court of Appeals Decision:

    • The Court of Appeals upheld the Secretary of Justice's ruling, finding that the article was not libelous. The petition was dismissed for lack of merit.
  8. Supreme Court Petition:

    • Jejomar Binay, representing his minor daughter Joanna, filed a petition with the Supreme Court, arguing that the Court of Appeals erred in not finding the article libelous and in not holding the Secretary of Justice guilty of grave abuse of discretion.

Issue:

  1. Whether the Court of Appeals erred in not holding that the Secretary of Justice acted with grave abuse of discretion in reversing the City Prosecutor's finding of probable cause for libel.
  2. Whether the Court of Appeals erred in not finding that the article was libelous and that there was probable cause to indict the private respondents for libel.
  3. Whether the article constituted privileged communication and whether malice could be presumed.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court reversed the Court of Appeals' decision and ordered the City Prosecutor of Makati to proceed with the libel case against Vicente G. Tirol and Genivi V. Factao. The Court found that the article was libelous, malicious, and not protected by privileged communication.


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