Case Digest (G.R. No. 228583) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On November 21, 2013, the National Bureau of Investigation filed two informations against Even Demata y Garzon, then Editor-in-Chief of *Bagong Toro* tabloid, for allegedly publishing a June 21, 2012 issue containing indecent materials and a photo of 17-year-old student AAA without her consent. Criminal Case No. 13-301632 charged him with violating Article 201(3) of the Revised Penal Code for “selling and circulating” obscene literature, while Case No. 13-301633 charged him with violating Section 10(a) of R.A. 7610 for causing psychological injury to AAA. The Regional Trial Court of Manila consolidated both cases, tried Demata—who pleaded not guilty and testified that he merely edited content and relied on layout artists’ verification—and found him guilty on both counts. It imposed a P10,000,000 fine under Article 201(3) and six to seven years and four months’ imprisonment plus damages under R.A. 7610. On September 28, 2016, the Court of Appeals affirmed, and denied reconsiderat Case Digest (G.R. No. 228583) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Criminal Informations and Trial
- On November 21, 2013, the NBI filed two criminal informations against Even Demata y Garzon before the RTC of Manila:
- Criminal Case No. 13-301632 – violation of Article 201(3) RPC for selling/circulating the June 21, 2012 issue of Bagong Toro Tabloid containing indecent photos and stories.
- Criminal Case No. 13-301633 – violation of Section 10(a), R.A. 7610 for committing psychological injury on AAA, a 17-year-old minor, by publishing her photo without consent.
- The RTC consolidated the cases, arraigned Demata (plea: not guilty), and conducted trial.
- The Publication and the Photo
- Bagong Toro Tabloid Vol. 1, Issue 224 (12 pages) dated June 21, 2012: news, showbiz gossip, health, commentary, erotic novellas, scantily clad photos, blurred sex-tape stills.
- Demata served as one of two editors-in-chief; circulation and sales were handled by a separate Circulation Department headed by a circulation manager.
- AAA (born February 16, 1995) was photographed fully clothed, seated, on a condominium rooftop in late May 2012. Her cousins were cropped out; photo later appeared under the “facebook sexy and beauties” column. AAA had lost her cellphone used for Facebook in February 2012.
- Discovery and Psychological Impact on AAA
- On August 22, 2012, AAA’s brother saw her photo in a barbershop’s tabloids; the family confronted her, causing severe emotional distress.
- AAA’s trauma led to sleeplessness, anxiety, loss of self-confidence, failing her calculus exam, and family upheaval (withdrawal of financial support by an uncle).
- Dr. Jayson Bascos of Quezon City General Hospital diagnosed AAA with Acute Stress Disorder (October 12, 2012) and later Chronic PTSD (October 2013–May 2014), prescribing counseling and anti-depressants.
- Defense Evidence
- Demata testified the photo was non-obscene (AAA was fully clothed, non-provocative pose).
- He asserted layout artists verified photo ownership; records were deleted post-termination.
- Demata denied any role in selling or circulating the tabloid, which was managed by the Circulation Department.
Issues:
- Whether Demata was properly charged and convicted under Article 201(3) RPC for selling or circulating the tabloid.
- Whether the tabloid’s photographs and erotic stories constitute obscene materials under Article 201 RPC.
- Whether Demata is guilty of creating conditions prejudicial to AAA’s development under Section 10(a), R.A. 7610.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)