Case Digest (G.R. No. 256700)
Facts:
People of the Philippines v. Jomerito S. Soliman, G.R. No. 256700, April 25, 2023, the Supreme Court En Banc, Kho, Jr., J., writing for the Court.The criminal information charged respondent Jomerito S. Soliman (respondent or Soliman) with Online Libel under Section 4(c)(4) of Republic Act No. 10175 for a Facebook post dated January 23, 2018 that allegedly imputed corrupt and delaying acts to private complainant Waldo R. Carpio, then Assistant Secretary of the Department of Agriculture. After trial on the merits, the Regional Trial Court (RTC), Branch 90, Quezon City, found Soliman guilty and, invoking Administrative Circular No. 08-2008 (AC 08-2008), sentenced him to pay a fine of P50,000.00 with subsidiary imprisonment in case of nonpayment.
Soliman did not appeal and paid the fine. The Office of the Solicitor General (petitioner) filed a petition for certiorari under Rule 65 with the Court of Appeals (CA) contending the RTC gravely abused its discretion by imposing a fine only when Section 6 of RA 10175 required the penalty for online commission of Revised Penal Code (RPC) crimes to be raised one degree—arguing therefore that imprisonment, not merely a fine, should have been imposed. The CA denied due course to the petition and later denied reconsideration, holding the alleged error was one of judgment, not jurisdiction, and that certiorari would impinge on Soliman’s right against double jeopardy.
Petitioner elevated the matter to the Supreme Court by a Petition for Review on Certiorari under Rule 45, assailing the CA Decision (October 30, 2020) and Resolution (May 31, ...(Subscriber-Only)
Issues:
- Did the Court of Appeals correctly rule that the Regional Trial Court did not commit grave abuse of discretion in imposing a fine only on respondent for Online Libel, such that certiorari is improper and the penalty may not ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)