Case Digest (G.R. No. 172203) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Dionisio Lopez y Aberasturi vs. People of the Philippines and Salvador G. Escalante, Jr. (G.R. No. 172203, January 9, 2012), petitioner Dionisio Lopez was charged in an Information dated March 31, 2003, with the crime of libel under Articles 353 and 355 of the Revised Penal Code for erecting billboards in Cadiz City in early November 2002 bearing the phrases “CADIZ FOREVER” and later “BADING AND SAGAY NEVER,” allegedly aimed at maligning Mayor Salvador G. Escalante, Jr. (nicknamed “Bading”). After pleading not guilty on May 8, 2003, a Cadiz City RTC Branch 60 found all elements of libel proven and convicted him on December 17, 2003, sentencing him to an indeterminate penalty of four months and twenty days of Arresto Mayor to two years, eleven months and ten days of Prisión Correccional Medium and ordering payment of P5,000,000.00 moral damages. On August 31, 2005, the Court of Appeals upheld the conviction but reduced moral damages to P500,000.00. Lopez then filed a petition Case Digest (G.R. No. 172203) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Indictment and Trial
- On April 3, 2003, petitioner Dionisio Lopez was indicted for libel under an Information alleging that in November 2002 he posted billboards in Cadiz City reading “CADIZ FOREVER” with a blank before “NEVER,” later filled in as “BADING AND SAGAY NEVER,” purportedly to maligned Mayor Salvador G. Escalante, Jr.
- Petitioner pleaded not guilty; during pre-trial, parties stipulated on his identity, the mayor’s nickname “Bading,” and petitioner’s use thereof.
- Evidence at Trial
- Private respondent (the mayor) testified he saw the incomplete and then completed billboards, felt dishonored, and filed the complaint for libel, claiming mental anguish and sleepless nights.
- Three prosecution witnesses—Cadiz City licensing officer, a retired city employee, and a community volunteer—testified they found the message negative and insulting to the mayor. Petitioner admitted erecting the billboards as a critique of the mayor’s performance but denied labeling him a “tuta” or puppet.
- Lower Court Decisions
- RTC, on December 17, 2003, convicted petitioner of libel under Art. 353, RPC, sentencing him to 4 months 20 days to 2 years 11 months 10 days imprisonment and a fine of ₱5,000, ordering moral damages of ₱5,000,000.
- CA, on August 31, 2005, affirmed with modification, reducing moral damages to ₱500,000; denied reconsideration on April 7, 2006.
Issues:
- Defamatory Nature
- Whether the phrase “CADIZ FOREVER, BADING AND SAGAY NEVER” is libelous, i.e., tending to defame Mayor Escalante’s character, integrity, or reputation.
- Privilege and Malice
- Whether the phrase constitutes fair commentary on a matter of public interest, thus privileged.
- Whether the presumption of malice was correctly applied and whether petitioner overthrew that presumption.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)