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Case Digest: Philippine Journalists, Inc. (People’s Journal) v. Francis Theonen (2005)

 

Philippine Journalists, Inc. (People’s Journal) v. Francis Theonen (2005)

Facts.

1.      On 30 September 1990, a news article about a Swiss national named Francis Theonen shooting the neighbourhood pets was published in the People’s Journal.

2.      Claiming that the report was false and defamatory, and that the petitioners acted irresponsibly in failing to verify the truth of the same prior to publication, Theonen filed a civil case for damages against Philippine Journalists, Inc. Zacarias Nuguid, its publisher, and reporter Christina Lee.

3.      The principal source of the letter was a certain Atty. Efren Angara addressed to Commissioner Andrea Domingo of the Commission on Immigration and Deportation (CID, now Bureau of Immigration).

4.      On 31 Aug 1994, The Regional Trial Court, Branch 62, Makati City, rendered a Decision in favor of the petitioners.

5.      The Complaint was ordered dismissed without pronouncement as to costs because the plaintiff failed to prove that the defendants were actuated by ill-will in what they caused to be printed and published, with a design to carelessly or wantonly injure the plaintiff. (US v. Bustos, et al., 37 Phil. 731)

6.      On appeal, the court a quo reversed the trial court, on the grounds that it violated the principle of abuse of right under Art. 19 of the Civil Code. “in the absence of a bona fide effort to ascertain the truth.”

7. The petitioner’s motion for reconsideration, having been denied, the petition for certiorari under Rule 45 of the 1997 Rules of Civil Procedure was filed on the grounds of… (refer to page 3 of the full-text)

 

Issue.

Whether or not the news report falls under privileged communication and therefore protected by the Constitutional provision on freedom of speech.

Was the article libelous?

Petitioners argued that:

●       This case is one for damages arising from libel.

Ruling.

The Decision of the Court of Appeals of 17 January 2000 reversing the decision of the Regional Trial Court, Branch 62, Makati City, of 31 August 1994 is hereby affirmed, subject to the modification that petitioners are ordered to pay jointly and severally, moral damages in the sum of P100,000.00, exemplary damages of P30,000.00, and legal fees of P20,000.00. No costs.

 

Legal terms.

  1. Sic - In such manner; so; thus. A misspelled or incorrect word in a quotation followed by "[sic]" indicates that the error appeared in the original source.
  2. Jointly and severally – a legal term that is used to describe a partnership or any other group of individuals in which each individual named shares responsibility equally.

 

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