Case Digest (G.R. No. 228583)
Facts:
Even Demata y Garzon, G.R. No. 228583, September 15, 2021, Supreme Court Third Division, Carandang, J., writing for the Court. The petitioner (represented by the Public Attorney’s Office at trial) sought review of the Court of Appeals’ Decision dated September 28, 2016 and Resolution dated November 29, 2016 in CA-G.R. CR No. 37864 affirming the Regional Trial Court (RTC) of Manila’s conviction of Demata for violations of Article 201, paragraph 3, of the Revised Penal Code (RPC) and Section 10(a) of Republic Act No. 7610.On November 21, 2013 the National Bureau of Investigation, upon complaint of the father of minor AAA, filed two informations against Demata: Criminal Case No. 13-301632 alleging violation of Article 201 (selling/circulating obscene publication) for the June 21, 2012 issue (Vol. 1, Issue 224) of the tabloid Bagong Toro; and Criminal Case No. 13-301633 alleging violation of Section 10(a), R.A. 7610 (creating conditions prejudicial to a child’s development) for publishing without consent a photograph of AAA, then 17 years old. The RTC consolidated the two cases. Upon arraignment Demata pleaded not guilty and trial followed.
The records show that Bagong Toro (published by Remate News Central, owned by Baby Antiporda) was a 12-page tabloid containing news, showbusiness gossip, health items, erotic novellas and numerous photographs of scantily clad women; circulation was managed by a separate Circulation Department headed by Berna Paredes. AAA’s photo — fully clothed in shorts and a t‑shirt — appeared under a column “facebook sexy and beauties.” AAA had lost her cellphone months earlier and testified she did not know how the photo was published; her relatives confronted her after her brother saw the tabloid on August 22, 2012. AAA suffered emotional distress, failed a calculus exam, experienced bullying and family hardship, and was examined by Dr. Jayson Bascos who first diagnosed Acute Stress Disorder (October 12, 2012) and later Chronic PTSD (with ongoing counseling and medication).
At trial Demata, one of two editors-in-chief, testified he reviewed submissions but asserted he lacked control over circulation; he claimed layout artists verified ownerships of submitted photos and that he relied on such representations, but he could not produce digital records (allegedly deleted) and said he had been terminated by the publisher. He argued AAA’s photo itself was not obscene. The RTC found Demata guilty on both counts, imposed fines, imprisonment and damages, and reasoned the tabloid taken as a whole was obscene and that publishing AAA’s photograph without consent constituted child abuse. The Court of Appeals affirmed; Demata moved for reconsideration which was denied. He filed this petition under Rule 45 seeking reversal and acquittal.
Issues:
- Whether there was variance between the crime charged (selling/circulating under Article 201(3), RPC) and the evidence proved such that Demata was properly charged and convicted for selling and circulating the June 21, 2012 issue of Bagong Toro.
- Whether the photographs and erotic stories in the June 21, 2012 issue of Bagong Toro are obscene under Article 201 of the RPC (i.e., whether the publication is unprotected speech under the obscenity standard).
- Whether Demata is guilty of creating conditions prejudicial to AAA’s development in violation of Section 10(a) of R.A. 7610.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)