Case Summary (G.R. No. 138810)
Procedural History
The Regional Trial Court (RTC), Branch 14, Cebu City, convicted Lastimosa of libel, imposing a fine of ₱6,000 (with subsidiary imprisonment in case of insolvency) and awarding moral damages of ₱2,000,000. On appeal, the Court of Appeals (CA) affirmed the conviction, reduced moral damages to ₱500,000, and denied reconsideration. Lastimosa then filed a Petition for Review on Certiorari with the Supreme Court.
Applicable Law
Because the decision was rendered in 2022, the 1987 Philippine Constitution governs the balance between freedom of expression (Article III, Section 4) and the State’s power to penalize defamatory speech. The Revised Penal Code defines libel (Art. 353) and presumes malice in defamatory publications (Art. 354). Jurisprudence further specifies four elements of libel—defamatory imputation, malice, publicity, and identifiability of the victim—and elaborates modes of proving identifiability (intrinsic reference, descriptive linkage, or extrinsic evidence).
Facts
- Lastimosa’s column “Si Doling Kawatan” described “Doling” as a former fishmonger who suddenly amassed property, vehicles, and political power, then terrorized neighbors with insults and threats.
- Parties stipulated that Garcia had never been a fishmonger nor a barangay captain, and at the time was serving her first term as Governor.
- Lastimosa had been a vocal critic of Governor Garcia, resulting in multiple libel and civil suits.
- During trial, the prosecution presented Glenn Baricuatro and Atty. Pacheco Seares to testify that “Doling” unambiguously referred to Garcia; Lastimosa countered that the piece was fiction and no clear identification existed.
Issue
Whether the CA erred in sustaining Lastimosa’s conviction when the element of identifiability—that “Doling” referred to Governor Garcia—was not proven beyond reasonable doubt.
Ruling on Elements of Libel
- Defamatory Imputation: The article branded “Doling” a thief and depicted vice and cruelty. Under Novicio v. Aggabao, the plain, ordinary meaning of these terms suffices to establish defamation.
- Malice: Presumed by law given the defamatory nature of the imputation. Since the column attacked private character unrelated to official acts, the privileged-communication exception did not apply (Sazon v. Court of Appeals).
- Publicity: Conceded, as the article was published in a widely circulated newspaper.
- Identifiability: The Court found reasonable doubt. Although identifiability may be proven without naming the victim, reference must be clear by intrinsic description or reliable extrinsic evidence (Kunkle v. Cablenews-American; Corpus v. Cuaderno).
Analysis on Identifiability
- Intrinsic Reference and Descriptions: The column provided no unique link—such as accurate biographical or circumstantial details—tying “Doling” to Garcia.
- Extrinsic Evidence: Baricuatro’s testimony rested solely on the auditory similarity between “Doling” and “Gwendolyn” and lacked p
Case Syllabus (G.R. No. 138810)
Facts
- On or about 29 June 2007, in Cebu City, Leo A. Lastimosa published an article titled “Si Doling Kawatan” in his opinion column “Arangkada” of The Freeman, a newspaper of general circulation.
- The article depicted a character named “Doling,” described as a former fish-monger who suddenly acquired wealth, multiple vehicles, and political power as Barangay captain, and who acted abusively, cruelly, and arrogantly toward neighbors and subordinates.
- “Doling” was ultimately alleged to admit, “Yes, I am indeed a thief! Can anybody do anything about it?”
- Lastimosa was charged by Information for Libel for imputing to Governor Gwendolyn F. Garcia, “a Cebuana woman, mother and grandmother,” the commission of a crime, vice or defect with malicious intent.
- At arraignment, Lastimosa pleaded not guilty.
- During pre-trial, the parties stipulated on Lastimosa’s media roles, the identity and tenure of Governor Garcia, and public knowledge that Garcia had never been a fish-monger or Barangay captain.
- The prosecution presented witnesses Glenn Baricuatro and Atty. Pacheco Seares to prove that third persons would recognize “Doling” as Governor Garcia, along with Garcia’s own testimony and Lastimosa’s past columns.
- The defense maintained the article was a fictional, third-person narrative with no clear reference to Garcia and presented Atty. Democrito Barcenas to corroborate non-identification.
Procedural History
- Regional Trial Court (Branch 14, Cebu City) issued its Decision on 30 August 2013, convicting Lastimosa of libel, imposing a fine of ₱6,000 (with subsidiary imprisonment in case of insolvency), and