Title
Gilmer vs. Hilliard
Case
G.R. No. L-17633
Decision Date
Mar 14, 1922
A teacher dismissed for alleged disloyalty during WWI sued a government official for libel; court ruled communications privileged, made in good faith, dismissing damages.

Case Summary (G.R. No. L-17633)

Cause of Action

Gilmer asserts that due to defamatory communications produced by Hilliard, she was unjustly dismissed from her position as a teacher. She claims these communications were libelous, false, and malicious, adversely affecting her reputation and resulting in a loss of earnings. She seeks damages amounting to P200 for monthly salary loss, P15,000 for personal damages, and P5,000 as punitive damages.

Defendant's Defense

Hilliard responds with a general denial of the allegations but admits to having authored the communications in question. His defense hinges upon the argument that the comments were made in good faith and were part of his official duties, aimed at protecting governmental interests. He also claims that the communications were privileged under Section 9 of Act No. 277, which provides immunity for private communications made in the discharge of a legal or moral duty.

Judicial Findings

The court supports Hilliard’s claim of privileged communication as per Section 9 of Act No. 277, which dictates that a private communication asserting good faith in the performance of one’s duty does not constitute libel. The court highlights that Hilliard's communications were public in nature, intended for his superiors, and implicated a duty to investigate disloyalty when public sentiment was heightened due to the war.

Investigation and Reports

Following allegations of Gilmer's pro-German sentiments, an investigation was initiated by the Assistant Adjutant of the Philippine Constabulary upon instructions from the Chief of Constabulary. Hilliard reported on the investigation, detailing rumors and statements purportedly made by Gilmer that were reported to undermine morale related to U.S. war efforts. His letter from October 12, 1918, demonstrates the challenges in substantiating the claims against Gilmer, coming largely from vague recollections of

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