Title
Supreme Court
Guingguing vs. Court of Appeals
Case
G.R. No. 128959
Decision Date
Sep 30, 2005
A broadcast journalist sued for libel over a newspaper ad revealing his criminal records; Supreme Court ruled the truthful publication was protected under freedom of speech.

Case Digest (G.R. No. 128959)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Ciriaco “Boy” Guingguing (petitioner) and Segundo Lim were sued by broadcast journalist Cirse “Choy” Torralba for criminal libel under RPC Arts. 353, 354, and 355.
    • Torralba hosted two widely aired radio programs on DYLA and DYFX, reaching listeners in the Visayas and Mindanao.
  • Publication and Content
    • On October 13, 1991, Lim paid for a one-page advertisement in the Sunday Post, a weekly newspaper edited and published by petitioner, circulated in Bohol, the Visayas, and Mindanao.
    • The advertisement reproduced:
      • Records of three criminal cases filed against Torralba (malicious mischief, estafa, serious physical injuries), indicating their status (pending, provisionally dismissed).
      • Photographs—first with the subject’s face blotted out, then clearly showing Torralba—depicting his arrest and captioned to imply misconduct.
      • A request to Torralba to explain the disposition of these cases and to confirm his identity in the arrest photos.
  • Procedural History
    • RTC, Branch 7, Cebu City (May 17, 1994) convicted Lim and petitioner of libel, sentenced them to prision correccional, awarded P50,000 damages, and denied their self-defense plea.
    • Court of Appeals (July 29 and October 3, 1996) affirmed with modification, reducing the penalty but rejecting self-defense and freedom-of-press claims.
    • Guingguing alone filed a Rule 45 petition before the Supreme Court, as Lim’s conviction had become final.

Issues:

  • Does the publication of the paid newspaper advertisement constitute criminal libel under the Revised Penal Code?
  • Can the petitioners invoke the constitutional guarantee of freedom of speech and of the press as a defense to the libel charge?
  • Is Torralba a public figure obliging the prosecution to prove “actual malice,” and were the statements in fact false or published with knowledge of falsity or reckless disregard for the truth?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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