G.R. No. 164845 - Tieng vs. Palacio-Alaras

On February 19, 2002, William Tieng filed an information for libel against Hilarion M. Henares, Jr. before RTC Parañaque, alleging that on November 29, 2001 Henares, host of the radio program “Make My Day” on DWBR-FM 104.3, maliciously branded him and his brothers as “smugglers,” “corrupt,” “name droppers,” and the like.
Henares moved to quash the information on grounds that it failed to allege (a) conformity with Article 360, RPC, venue requirements for libel “in writing or by similar means,” and (b) residence or first publication in Parañaque.
The RTC denied the motion (Rollo pp. 40, 48), ruling that Article 360 applies only to written defamation and that Rule 110, § 15, governs broadcast libel. The CA likewise denied relief (Decision March 12, 2008; Resolution November 11, 2008).

G.R. No. 181732 (Criminal Cases Nos. 02-3585 to 02-3587, RTC Makati City, Br. 145)

Upon complaint of Willy Tieng, three informations for libel were filed December 4, 2002, charging Henares and his co-producers with defamatory statements against her on (a) November 28, 2001 television broadcast on IBC-13 (“Make My Day”), and (b) November 28 and 29, 2001 radio broadcasts on DWBR-FM 104.3.
Henares moved to quash all three informations, contending they failed to specify which portions were libelous per se, failed to identify Willy Tieng with particularity, and neglected to allege venue under Article 360 (residence of offended party or place of first publication).
The RTC denied the motion. On certiorari, the CA granted Henares’s petition (Decision November 20, 2007; Resolution February 11, 2008), holding that Article 360’s venue and jurisdictional rules apply to “written defamations and similar means” (per Art. 355) including radio and television, and quashed the informations for lack of jurisdiction.

On March 25, 2002, the Tieng brothers filed a civil action for damages (P40 M) against Henares and his producers before RTC Makati Br. 62, alleging libelous broadcasts on Chanel 13 (Nov. 23, 28, 2001) and radio (Nov. 28–29, 2001).
A criminal complaint for the Nov. 28, 2001 radio broadcast was later filed in RTC Makati Br. 145 (Crim. Case No. 02-1103), which the parties moved to consolidate with Civil Case No. 02-359 in Br. 62.
Henares then moved to dismiss the civil case for lack of jurisdiction/improper venue under Article 360, arguing the civil action must be filed where the criminal was first filed (RTCP Parañaque Br. 274).
In Orders dated April 26 and June 8, 2004, RTC Makati Br. 62 granted the motion and dismissed Civil Case 02-359 for lack of jurisdiction; the Tiengs filed a Rule 65 petition for certiorari.

Do the venue and jurisdiction provisions of Article 360, RPC, apply to libel committed by radio and television broadcasts?
Was the dismissal of Civil Case No. 02-359 by RTC Makati Br. 62 (G.R. No. 164845) proper under Article 360, RPC?
Is venue for civil actions in libel (under Article 360, RPC) jurisdictional and non-waivable?