Case Summary (G.R. No. 208908)
Petitioner
Dionisio Lopez was charged with libel for allegedly posting billboards that maligned the integrity and reputation of Mayor Escalante.
Respondents
- People of the Philippines, acting through the public prosecutor.
- Salvador G. Escalante, Jr., who filed a private criminal complaint for libel.
Key Dates
- Early November 2002: Initial “CADIZ FOREVER ____ NEVER” billboards erected.
- November 15, 2002: Words “BADING AND SAGAY” added before “NEVER.”
- March 31, 2003: Information for libel filed.
- May 8, 2003: Petitioner arraigned and pleaded not guilty.
- December 17, 2003: RTC conviction.
- August 31, 2005: Court of Appeals affirms with modification (reduced moral damages).
- February 14, 2011: Supreme Court decision.
Applicable Law
- 1987 Constitution: Freedom of expression subject to regulation to protect equal rights.
- Revised Penal Code:
• Article 353 – Definition of libel.
• Article 355 – Penalty for libel.
• Article 361 – Exemption when truth is shown in statements against public officials on matters of official conduct.
Factual Background
Petitioner erected signboards that initially bore an incomplete slogan, prompting public curiosity. Days later, he affixed “BADING AND SAGAY NEVER,” insinuating rejection of both Mayor Escalante (“Bading”) and nearby Sagay City by Cadiz residents. The mayor and three municipal employees testified that the inscriptions were offensive and damaging to his reputation. Petitioner admitted installing the signs but denied intent to defame, characterizing them as political commentary.
Trial Court Ruling
The Regional Trial Court found all elements of libel proven—defamatory imputation, malice, publicity, and identifiability of the offended party—convicted petitioner under Articles 353 and 355, sentenced him to imprisonment (Arresto Mayor to Prisión Correccional) and awarded PHP 5,000,000 in moral damages.
Appellate Court Ruling
The Court of Appeals affirmed the conviction and sentence but reduced moral damages to PHP 500,000. It held that the billboard phrase tended to induce public suspicion regarding the mayor’s character and integrity.
Issues Presented
- Whether “CADIZ FOREVER, BADING AND SAGAY NEVER” is libelous.
- Whether, if defamatory, the phrase is privileged fair comment on a matter of public interest.
- Whether the presumption of malice was rebutted.
- Whether liability for moral damages was properly imposed.
Supreme Court Ruling
The Supreme Court reversed the Court of Appeals and acquitted petitioner, holding:
- Only questions of law are reviewable under Rule 45, but an exception applies when lower courts misapprehend facts.
- The phrase, in its ordinary and natural meaning, did not impute crime, vice, defect, or dishonorable act to Mayor Escalante. No direct or indirect allegation of wrongdoing was made.
- Witnesses were municipal employees with potential bias; their negative interpretation of the word “NEVER” was not sufficiently reliable.
- The statements related to the mayor’s official conduct; even if construed as critical, they are protected under Article 361 of the Revised Penal Co ...continue reading
Case Syllabus (G.R. No. 208908)
Facts and Procedural Antecedents
- On March 31, 2003, an Information for libel was filed in the Regional Trial Court (RTC) of Cadiz City, Branch 60, accusing Dionisio Lopez y Aberasturi (petitioner) of publicly defaming Mayor Salvador G. Escalante, Jr. (“private respondent” or “Mayor Escalante”).
- The gravamen centered on two billboards erected in early November 2002 along Villena Street (in front of Cadiz Hotel) and Gustilo Boulevard in Cadiz City, bearing the legend:
“CADIZ FOREVER”
“____________ NEVER” - On November 15, 2002, the blank space preceding “NEVER” was filled with:
“BADING AND SAGAY”
thereby completing the message, “CADIZ FOREVER BADING AND SAGAY NEVER.” - The Information alleged that these words were calculated to impeach Mayor Escalante’s integrity, dishonor his office, and expose him to public ridicule, prompting a claim for ₱5,000,000.00 in moral damages.
- Upon arraignment on May 8, 2003, petitioner pleaded “not guilty.” During pre-trial, parties stipulated on identities: the accused was petitioner, the offended party was Mayor Escalante, and the nickname “Bading” referred to the latter.
- Trial on the merits commenced thereafter, with testimonial and documentary evidence adduced by both prosecution and defense.
Accusatory Matter
- The Information, dated March 31, 2003, charged petitioner with libel under Articles 353 and 355 of the Revised Penal Code:
• Willful, unlawful, and malicious erection of billboards bearing the phrase “CADIZ FOREVER NEVER,” later completed as “CADIZ FOREVER BADING AND SAGAY NEVER.”
• Alleged intent to impeach Mayor Escalante’s integrity, expose him to public contempt, and damage his reputation.
• Demand for moral damages in the amount of ₱5,000,000.00.
Trial Court Ruling
- On December 17, 2003, the RTC rendered judgment finding petitioner guilty beyond reasonable doubt of libel: