Case Digest (G.R. No. 141994)
Facts:
FILIPINAS BROADCASTING NETWORK, INC. (FBNI) aired radio program Expose on DZRC-AM on 14–15 December 1989 in which broadcasters Hermogenes Jun Alegre and Carmelo Mel Rima made statements criticizing AGO MEDICAL AND EDUCATIONAL CENTER-BICOL CHRISTIAN COLLEGE OF MEDICINE (AMEC) and its administrators; AMEC and Angelita F. Ago sued FBNI, Alegre and Rima for libel (Civil Case No. 8236), and the Regional Trial Court (14 December 1992) found FBNI and Alegre liable and awarded P300,000 moral damages, P30,000 attorneys fees and costs, while acquitting Rima; the Court of Appeals (4 January 1999) affirmed but made Rima solidarily liable, and FBNI petitioned to the Supreme Court.
Issues:
- Whether the broadcasts are libelous.
- Whether AMEC is entitled to moral damages.
- Whether the award of attorneys fees is proper.
- Whether FBNI is solidarily liable with Rima and Alegre for damages, attorneys fees and costs.
Ruling:
The Court DENIED the petition and AFFIRMED the Court of Appeals' judgment with modification: it declared the broadcasts libelous per se, held AMEC entitled to moral damages, reduced the award from P300,000 to P150,000, DELETED the award of attorneys fees, and affirmed that FBNI is solidarily liable with Rima and Alegre; costs against petitioner.
Ratio:
The broadcasts imputed defects tending to dishonor AMEC and were presumed malicious under Article 354 because defendants failed to show good faith or justifiable motive; the broadcasters did not verify sources nor present complaining students, so the remarks were made with reckless disregard and were not protected by the fair comment or neutral reportage doctrines since they were not based on established facts nor an existing controversy. The broadcasts also violated the industry Radio Code, which informs the standard of conduct under Article 19. A juridical person may recover moral damages for defamation under Article 2219(7), but the award was reduced for lack of substantial proof of reputational loss. Attorneys fees under Article 2208 were deleted because the courts did not state factual or legal grounds justifying such award. FBNI was solidarily liable under Articles 2176 and 2180 as owner/operator and employer because it failed to show due diligence in selection and supervision of its broadcasters.
Doctrine:
- Every defamatory imputation published is presumed malicious unless good intention and justifiable motive are shown, per Article 354.
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