Case Summary (G.R. No. 167764)
Petitioner and Respondent
Petitioners: Vicente Foz, Jr. and Danny G. Fajardo
Respondent: People of the Philippines
Key Dates
• July 5, 1994 – Publication of the contested newspaper article
• October 17, 1994 – Filing of Information for libel in RTC Iloilo City
• March 1, 1995 – Arraignment; petitioners pleaded not guilty
• December 4, 1997 – RTC conviction and sentencing for libel
• February 20, 1998 – Denial of petitioners’ motion for reconsideration (RTC)
• November 24, 2004 – Court of Appeals (CA) affirms RTC decision
• April 8, 2005 – CA denies petitioners’ motion for reconsideration
• October 9, 2009 – Supreme Court decision
Applicable Law
• 1987 Philippine Constitution (freedom of speech and press)
• Revised Penal Code: Article 353 (libel), Article 355 (penalties)
• Republic Act No. 4363, amending RPC Article 360 (venue for written defamation)
• Jurisprudence on venue and jurisdiction: Macasaet v. People; Chavez v. Court of Appeals; Agustin v. Pamintuan; Fukuzume v. People
Facts of the Case
On July 5, 1994, petitioners published in Panay News an opinion piece accusing Dr. Portigo of diagnostic negligence and profiteering at the expense of patient Lita Payunan, who underwent delayed and alleged botched surgeries, was later diagnosed with cancer, and died on July 2, 1994. The article criticized broader medical and hospital practices as exploitative.
Procedural History
An Information for libel was filed in RTC Iloilo City on October 17, 1994. After arraignment and trial, the RTC convicted both petitioners on December 4, 1997, imposing an indeterminate imprisonment sentence (3 months 11 days to 1 year 8 months 21 days) and a ₱1,000 fine each. Their motion for reconsideration was denied February 20, 1998. The CA affirmed on November 24, 2004, and denied reconsideration April 8, 2005. Petitioners elevated the case to the Supreme Court via Rule 45 petition for review on certiorari.
Issues Raised
- Whether the article constituted libel under Article 353, RPC.
- Whether malice was proven or the publication was protected as a privileged communication.
- Whether petitioner Fajardo, as publisher, is vicariously liable for the columnist’s opinions.
- Whether RTC Iloilo City had jurisdiction over the libel charge given venue requirements in Article 360, RPC.
Supreme Court’s Analysis
• Jurisdictional Objection: Venue is essential in criminal prosecutions and may be raised at any stage.
• Article 360, RPC (as amended): Requires filing in the court of the province or city where the defamatory writing was printed and first published or where the offended party resides.
• Information Deficiencies: Allegation that Panay News had
Case Syllabus (G.R. No. 167764)
Procedural History
- Petition for review on certiorari filed under Rule 45 of the Rules of Court, assailing:
- The Court of Appeals (CA) Decision dated November 24, 2004 (CA-G.R. CR No. 22522), which affirmed the Regional Trial Court (RTC) Branch 23, Iloilo City Decision of December 4, 1997 in Criminal Case No. 44527.
- The CA Resolution of April 8, 2005 denying petitioners’ motion for reconsideration.
- Original libel complaint (Information) dated October 17, 1994, filed with the RTC of Iloilo City.
- Arraignment on March 1, 1995; petitioners pleaded not guilty.
- RTC Decision (December 4, 1997) found petitioners guilty of libel under Articles 353 and 355 of the Revised Penal Code; imposed an indeterminate penalty of three months and eleven days of Arresto Mayor to one year, eight months and twenty-one days of Prisión Correccional, plus a fine of P1,000.00 each.
- Petitioners’ motion for reconsideration before the RTC denied February 20, 1998; appeal to the CA.
- CA affirmed RTC in toto on November 24, 2004; motion for reconsideration denied April 8, 2005.
- Petitioners elevated the case to the Supreme Court under Rule 45.
Facts of the Case
- Petitioners Vicente Foz, Jr. (columnist) and Danny G. Fajardo (editor-publisher) worked for Panay News, a daily publication circulated in Iloilo City and the region.
- On July 5, 1994, they published an article entitled “MEET DR. PORTIGO, COMPANY PHYSICIAN” in Panay News.
- The article recounted the medical experiences of Lita Payunan, patient of Dr. Edgar Portigo, company physician of San Miguel Corporation in Iloilo City:
- Initial consultation in September 1993; observation for seven months before diagnosing rectum myoma.
- Family sought second opinions and surgeries at Doctor’s Hospital; first surgery by Dr. de los Reyes in March 1994; patient’s subsequent complications led to a second hospital stay in June 1994.
- Alleged botched procedure recommended by Dr. Portigo’s “recommendee” led to further suffering, a terminal cancer diagnosis, and total out-