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CHRISTINA FERMIN, petitioner vs. People of the
Philippines,respondents 28 March 2008
Facts of the Case:
Cristy Fermin is the publisher and Bogs Tugas is the
editor-in-chief of GossipTabloid
The June 14, 1995 headline and lead story of the tabloid says
that it isimprobable for Annabelle Rama to go to the US should it
be true that she isevading her conviction in an estafa case here in
the Philippines for she andhusband Eddie have more problems/cases
to confront there. This was said to bedue to their, especially
Annabelle's, using fellow Filipinos money, failure to remitproceeds
to the manufacturing company of the cookware they were selling
andnot being on good terms with the latter.
Annabelle Rama and Eddie Gutierrez filed libel cases against
Fermin and Tugasbefore RTC of QC, Br. 218.
RTC: Fermin and Tugas found guilty of libel.
CA: Tugas was acquitted on account of non-participation but
Fermin's convictionwas affirmed.
Fermin's motion for reconsideration was denied. She argues that
she had noknowledge and participation in the publication of the
article, that the article is notlibelous and is covered by the
freedom of the press.
Ruling of the Case:HELD: YES.
Proof of knowledge of and participation in the publication is
not required, sinceFermin has been specifically identified as
author, editor, or proprietor orprinter/publisher of the
publication but also the president and chairperson.
Thus, petitioners criminal gu ilt should be affirmed,
The elements of libel were present.
o Evident imputation of the crime of malversation (converting
money forpersonal use), of vices or defects for being fugitives
from the law (evadingprosecution in America) and of being a
wastrel
o Attribution made publicly. Gossip Tabloid had a nationwide
circulation.
o The victims were identified and identifiable.
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o The article reeks of malice, as it tends to cause the
dishonor, discredit, orcontempt of the complainants.
Malice in law - the article was malicious in itself;
theimputations were false.
Malice in fact - there was motive to talk ill against
complainantsduring the electoral campaign as Fermin is a close
friend of Eddie'sopponent in the Congressional race While
complainants are consideredpublic figures for being personalities
in the entertainment business,
journalists do not have the unbridled license to malign their
honor anddignity by indiscriminately airing fabricated and
malicious comments,whether in broadcast media or in print, about
their personal lives.
While complainants are considered public figures for being
personalities in theentertainment business, journalists do not have
the unbridled license to malign
their honor and dignity by indiscriminately airing fabricated
and maliciouscomments, whether in broadcast media or in print,
about their personal lives.
