Case Digest (G.R. No. 167764) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Foz, Jr. and Fajardo v. People (G.R. No. 167764, October 9, 2009), petitioners Vicente Foz, Jr. and Danny G. Fajardo, columnist and editor-publisher respectively of the daily Panay News, were charged by Information dated October 17, 1994 with libel for publishing on July 5, 1994 an article entitled “MEET DR. PORTIGO, COMPANY PHYSICIAN.” The article recounted the alleged misdiagnosis and botched operations performed by Dr. Edgar Portigo on Lita Payunan, ultimately causing her death, and criticized physicians as “agents of profit.” Petitioners pleaded not guilty upon arraignment on March 1, 1995. After trial, the Regional Trial Court (RTC), Branch 23, Iloilo City, by Decision dated December 4, 1997, found petitioners guilty beyond reasonable doubt of libel under Articles 353 and 355 of the Revised Penal Code and sentenced them to an indeterminate term of imprisonment and a fine. Their motion for reconsideration was denied on February 20, 1998. On appeal, the Court of Appea Case Digest (G.R. No. 167764) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural History
- On October 17, 1994, an Information for libel (Art. 353, RPC) was filed in RTC, Branch 23, Iloilo City, charging Vicente Foz, Jr. (columnist) and Danny G. Fajardo (editor-publisher) for publishing the July 5, 1994 Panay News article “Meet Dr. Portigo….”
- RTC Iloilo rendered judgment on December 4, 1997, convicting both accused to an indeterminate penalty of 3 months, 11 days Arresto Mayor as minimum to 1 year, 8 months, 21 days Prisión Correccional as maximum, plus ₱1,000 fine each; motion for reconsideration denied February 20, 1998.
- Appeal and CA Proceedings
- Petitioners appealed to the Court of Appeals (CA-G.R. CR No. 22522); on November 24, 2004, the CA affirmed the RTC decision; motion for reconsideration was denied April 8, 2005.
- Petitioners then filed a petition for review on certiorari under Rule 45 before the Supreme Court, raising among other issues for the first time the insufficiency of jurisdictional allegations in the Information.
- Subject Article’s Allegations
- The July 5, 1994 article recounted the misdiagnosis and botched operations of patient Lita Payunan by Dr. Edgar Portigo, criticized him as profit-driven, and lamented physicians’ alleged greed.
- Petitioners maintained that the piece was an expression of opinion in the public interest, written in good faith without malice.
Issues:
- Whether the RTC of Iloilo City had jurisdiction over the libel case under Article 360, RPC.
- Whether the article contained defamatory imputation within the meaning of Article 353, RPC.
- Whether malice (in law or in fact) was established or the publication was privileged as public-interest reporting.
- Whether publisher Fajardo can be held criminally liable for the columnist’s opinions.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)