Case Summary (G.R. No. 86773)
Petitioner
Filipinas Broadcasting Network, Inc.
Respondents
Ago Medical and Educational Center–Bicol Christian College of Medicine and Angelita F. Ago
Key Dates
• Complaint filed: February 27, 1990
• Trial court decision: December 14, 1992
• Court of Appeals decision: January 4, 1999; resolution denying reconsideration: January 26, 2000
• Supreme Court decision: January 17, 2005
Applicable Law
• 1987 Philippine Constitution
• Revised Penal Code Arts. 353–354 (defamation)
• Civil Code Arts. 19, 30, 33, 2176, 2180, 2216, 2219(7), 2208
• Kapisanan ng mga Brodkaster sa Pilipinas Radio Code
Background of Broadcasts
On December 14–15, 1989, hosts Rima and Alegre aired allegations that AMEC forced students to repeat passed subjects, operated unrecognized courses, charged fees without instructors, relied on foreign foundation funding, and employed “immoral and physically misfit” teachers including Dean Justita Lola.
Complaint and Trial Proceedings
AMEC-BCCM and Dean Ago sued FBNI, Rima, and Alegre for libel and damages under Civil Code Arts. 30 and 33. Defendants denied malice, invoked public interest, and asserted due diligence in broadcaster selection and supervision. Trial court denied FBNI’s motion to dismiss and proceeded to trial.
Trial Court Decision
Held broadcasts libelous per se for imputing dishonorable defects. Found broadcasters made unverified, reckless statements; FBNI failed to supervise. Ordered FBNI and Alegre (but not Rima) to pay ₱300,000 moral damages, ₱30,000 attorney’s fees, and costs.
Court of Appeals Ruling
Affirmed trial court with modification: declared Rima jointly liable; dismissed Dean Ago’s personal claim; maintained damages and fees award; denied petition for reconsideration.
Issues Presented
- Whether broadcasts are libelous
- Whether AMEC is entitled to moral damages
- Whether attorney’s fees award is proper
- Whether FBNI is solidarily liable with broadcasters
Supreme Court Ruling – Libelous Nature
Broadcasts were public, malicious imputations tending to discredit AMEC. Defendants presumed malicious; they failed to verify allegations and acted with reckless disregard. Privileges of fair comment or neutral reportage did not apply (no established facts or existing controversy). Violation of KBP Radio Code standards reinforced unprivileged status.
Supreme Court Ruling – Moral Damages
A juridical person may recover moral damages for libel under Civil Code Art. 2219(7). In libel per se, damages are implied; no proof of actual harm required. Award reduced from ₱300,000 to ₱150,000 due to minimal demonstrated reputational injury.
Supreme Court Ruling – Attorney’s Fees
Deleted. Award under Civil Code Art. 2208 demands explic
...continue readingCase Syllabus (G.R. No. 86773)
The Case
- Petition for review under Rule 45 of the Rules of Civil Procedure (G.R. No. 141994, January 17, 2005)
- Petitioner: Filipinas Broadcasting Network, Inc. (FBNI)
- Respondents: Ago Medical and Educational Center-Bicol Christian College of Medicine (AMEC-BCCM) and Angelita F. Ago
- Challenge to the Court of Appeals’ 4 January 1999 Decision and 26 January 2000 Resolution in CA-G.R. CV No. 40151
- Court of Appeals affirmed with modification the RTC of Legazpi City’s 14 December 1992 Decision in Civil Case No. 8236, holding FBNI and its broadcasters liable for libel
Antecedents
- ExposA: a daily radio documentary program on DZRC-AM (owned by FBNI), hosted by Carmelo “Mela” Rima and Hermogenes “Juna” Alegre
- Broadcasts reached Legazpi City, Albay municipalities, and other Bicol areas
- On 14 and 15 December 1989, hosts aired alleged complaints by students, teachers, and parents against AMEC-BCCM and its administrators
- AMEC-BCCM and Dean Angelita F. Ago filed a complaint for damages on 27 February 1990, alleging defamation
Alleged Defamatory Broadcasts
- Alegre’s assertions:
- Students forced to retake all subjects upon any failure, contrary to DECS regulations
- Physical Therapy course unrecognized by DECS
- Fees charged for subjects without instructors
- AMEC’s survival attributed to foreign foundation support (e.g., “McDonald Hall”), implying deceptive practices
- Hiring of “reject” teachers to minimize salaries, calling AMEC a “dumping ground” for moral and physical misfits
- Rima’s assertions:
- AMEC teachers labeled “immoral and physically misfit”
- Dean Justita Lola exploited for cost-saving (age and low salary demands)
- Students burdened by unreasonable impositions and false regulations, potentially becoming liabilities to society
Complaint and Defenses
- Causes of action: Civil Code Articles 30, 33 (defamation), 19 (good faith), 2176 (quasi-delict), and 2180 (vicarious liability)
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