Case Digest (G.R. No. 187113)
Facts:
In Raffy T. Tulfo vs. People of the Philippines (G.R. No. 187113) and consolidated with Allen A. Macasaet and Nicolas V. Quijano Jr. vs. Carlos T. So and People of the Philippines (G.R. No. 187230), petitioner Raffy T. Tulfo, columnist of the daily tabloid Abante Tonite, and petitioners Allen A. Macasaet (publisher) and Nicolas V. Quijano Jr. (managing editor) published a series of “Shoot to Kill” columns between March and May 1999 alleging that Atty. Carlos “Ding” So, then OIC Chief of the Customs Intelligence and Investigation Service at NAIA, indulged in extortion, corruption, smuggling, illicit wealth accumulation, and improper personal conduct. On April 12, 1999, Atty. So filed fourteen separate libel informations in the Pasay City RTC (Branch 108). After refusing to plead, the RTC entered not guilty pleas in their stead and, following trial, found the three accused guilty of all fourteen counts, imposing prision correccional and fines, plus moral, exemplary, and compensatoCase Digest (G.R. No. 187113)
Facts:
- Parties and Subject Matter
- Petitioners Raffy T. Tulfo (columnist), Allen A. Macasaet (publisher), and Nicolas V. Quijano, Jr. (managing editor) of Abante Tonite.
- Respondents: People of the Philippines and private complainant Atty. Carlos T. So, former acting chief of the Bureau of Customs Intelligence and Investigation Service (CIIS) at NAIA.
- Impugned columns: “Shoot to Kill” (March 3 to May 12, 1999 issues), alleging extortion rackets, smuggling protection, illicit wealth, abuse of power, and an illicit affair, invoking Iglesia ni Cristo connections.
- Procedural History
- Fourteen (14) informations for libel filed in Pasay RTC (Crim. Cases Nos. 99-1463 to 99-1476).
- RTC Branch 108 (Feb. 28, 2005): conviction on all counts; penalties imposed (prision correccional, fines, moral, exemplary, compensatory damages).
- CA (July 31, 2006; amended Mar. 17, 2009): affirmed conviction on six counts (99-1463; 99-1465; 99-1471; 99-1473; 99-1474; 99-1475), acquitted on eight counts; reduced damage awards.
- Petitioners filed separate Petitions for Review on Certiorari before the SC challenging the CA partial affirmance.
- Key Allegations in Informations
- Extortion: alleged P50,000–P25,000 per cargo “alert orders,” broker strikes (Aug. 1996, Dec. 1998), quota schemes.
- Corruption and smuggling: luxury cars and mansion acquired on CIIS salary.
- Abuse of influence: reliance on Iglesia ni Cristo ties (Ka Erdy Manalo) to resist removal.
- Personal misconduct: affair with a married woman; calls for ecclesiastical expulsion.
Issues:
- Whether petitioner Raffy T. Tulfo is criminally liable for libel under Articles 353 and 355 of the Revised Penal Code.
- Whether the columns constitute privileged communications under Article 354 (and defense of truth under Art. 361).
- Whether petitioners Allen A. Macasaet and Nicolas V. Quijano, Jr. are liable as publisher and managing editor under Article 360.
- If guilty, whether imprisonment or fine should be imposed under Administrative Circular No. 08-2008.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)