Case Digest (G.R. No. 187113)
Facts:
Raffy T. Tulfo v. People of the Philippines and Atty. Carlos T. So, G.R. Nos. 187113 & 187230, January 11, 2021, Supreme Court Third Division, Leonen, J., writing for the Court. Petitioners are Raffy T. Tulfo (author/columnist), Allen A. Macasaet (publisher of Abante Tonite), and Nicolas V. Quijano, Jr. (managing editor); respondents are the People of the Philippines and private complainant Atty. Carlos T. So (then officer-in-charge, Bureau of Customs Intelligence and Investigation Service, NAIA).In March–May 1999 Tulfo published a series of “Shoot to Kill” columns in the tabloid Abante Tonite accusing Atty. So of extortion, smuggling-related corruption, illicit enrichment, and improprieties in his private life. So filed 14 Complaint‑Affidavits (later instantiated as 14 Informations) alleging libel against Tulfo, Macasaet and Quijano. After counter-affidavits and other pleadings, Assistant City Prosecutor Askali issued a Joint Resolution (12 Aug 1999) finding probable cause on the 14 counts. At arraignment the accused refused to plead; the RTC entered not guilty pleas for all. Tulfo continued to publish related articles thereafter, according to the prosecution.
On February 28, 2005, RTC, Branch 108, Pasay City convicted all three respondents of 14 counts of libel, imposed imprisonment and fines, and ordered moral, exemplary, and compensatory damages. The three appealed to the Court of Appeals. By Decision dated July 31, 2006 the CA affirmed; on motion for reconsideration the CA issued an Amended Decision dated March 17, 2009 acquitting the three on eight counts but affirming convictions for six counts (Crim. Nos. 99‑1463; 99‑1465; 99‑1471; 99‑1473; 99‑1474; and 99‑1475), with specified damages and fines. Petitioners filed partial petitions for review to the Supreme Co...(Pro-only)
Issues:
- Whether Raffy T. Tulfo is criminally liable for libel under Article 353 in relation to Article 355 of the Revised Penal Code for the six counts affirmed by the Court of Appeals.
- Whether the published articles qualify as privileged communications under Article 354 (and the related provisions of Article 361) of the Revised Penal Code.
- Whether Allen A. Macasaet and Nicolas V. Quijano, Jr. are liable as publisher and managing editor under Article 360 of the Revised Penal Code.
- If convicted, whether the penalty of imprisonment should be imposed or a fine in l...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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