Case Digest (R. G. No. 39196)
Facts:
- Incident occurred on the morning of August 24, 1932, in Manila.
- Appellant: Stanley J. Willimont.
- Altercation with traffic policeman Leon Somera at Ayala Boulevard and Taft Avenue.
- Willimont believed Somera was negligent and threatened to report him.
- Willimont returned and insulted Somera: "What a hell you are, you are a monkey traffic cop."
- Charged in Municipal Court of Manila for violating Article 358 of the Revised Penal Code (oral defamation).
- Convicted and fined P10 plus costs.
- Appealed to the Court of First Instance, which upheld the ruling.
- Further appealed to the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court reversed the lower courts' decisions.
- Stanley J. Willimont was acquitted. ...(Unlock)
Ratio:
- Willimont directed the words "What a hell you are, you are a monkey traffic cop" at Somera.
- Prosecution admitted no third party was present to hear the words.
- Article 353 of the Revised Penal Code requires publi...continue reading
Case Digest (R. G. No. 39196)
Facts:
In the case of "El Pueblo de las Islas Filipinas, Querellante y Apelado, contra Stanley J. Willimont, Acusado y Apelante," the incident occurred on the morning of August 24, 1932, in Manila. The appellant, Stanley J. Willimont, had an altercation with a traffic policeman named Leon Somera at the intersection of Ayala Boulevard and Taft Avenue. Willimont believed that Somera was negligent in performing his duties and indicated that he would report this to Somera's superior. Willimont then left the scene but returned a few minutes later and directed the following words at the policeman: "What a hell you are, you are a monkey traffic cop." Willimont was subsequently charged in the Municipal Court of Manila for violating Article 358 of the Revised Penal Code, which pertains to oral defamation. He was convicted and ...