G.R. No. 161032 - Tulfo vs. People

On September 8, 1999, Atty. Carlos “Ding” So of the Bureau of Customs filed four separate informations for libel (Criminal Case Nos. 99-1597 to 99-1600) against Erwin Tulfo (columnist), Susan Cambri (managing editor), Rey Salao (national editor), Jocelyn Barlizo (city editor), and Philip Pichay (president, Carlo Publishing House, Inc.) over articles in the “Direct Hit” column published in Remate on May 11, 12, 19 and June 25, 1999.
Each information charged that the accused, conspiring together, maliciously wrote and published that Atty. So was extortionist, smuggler, corrupt official, and illegally wealthy, aiming to discredit and expose him to public hatred, contempt, and ridicule.

Arraignment and Pleas – Tulfo, Salao, Cambri arraigned November 3, 1999; Barlizo, Pichay arraigned December 15, 1999; all pleaded not guilty.
Pre-trial Admissions – Petitioners admitted (a) So was not assigned at South Harbor during publications; (b) they did not know him personally; (c) Remate’s circulation and genuineness; and (d) duty of media to expose corruption.
Prosecution Evidence – Four witnesses (Ablan, Fortes, Fontanilla, So) and documents established: (a) the articles referred uniquely to Atty. Carlos “Ding” So of BOC; (b) allegations were untrue; (c) no other employee by that name.
Defense Testimony – Tulfo claimed he wrote in good faith relying on unnamed sources, did not know So personally, and targeted a different “Atty. So” at South Harbor. Editors and publisher testified they had no part in writing or editing the columnist’s pieces and that columnists enjoyed autonomy.

RTC (Branch 112, Pasay City), Decision Nov. 17, 2000 – Found all accused guilty of four counts of libel; sentenced each to six months arresto mayor to four years and two months prision correccional per count; ordered joint and several payment of ₱800,000 actual, ₱1,000,000 moral, and ₱500,000 exemplary damages.
CA (Eighth Division), Decision June 17, 2003 – Dismissed appeals; affirmed RTC judgment. Motions for reconsideration denied December 11, 2003.
SC Consolidation – Two Rule 45 petitions (G.R. Nos. 161032 and 161176) consolidated March 15, 2004.

Whether the articles sufficiently identified Atty. Carlos “Ding” So as the person defamed, given Tulfo’s claim he referred to a different “Atty. So.”

Whether the articles are “qualifiedly privileged communications” (fair comment on a matter of public interest) under Borjal v. CA and Article 354, RPC.
If qualified privilege applies, whether malice is presumed or must be proven as actual malice (knowledge of falsity or reckless disregard).

Whether Susan Cambri, Rey Salao, Jocelyn Barlizo, and Philip Pichay are criminally liable under Article 360, RPC, despite lack of active participation in writing or editing.