Bulletin Publishing Corp vs. Noel

Bulletin Publishing Corp. v. Noel Facts: On 3 July 1986, 21 persons (Atty. Dimatimpos Mindalano, Atty. Mangorsi A.
. Mindalano, Shiek Edres Mindalano, Sultan Guinar Mindalano, Farouk Calipa Mindalano, Sultan Mahadi Mindalano, Sultan Khalid Mindalano, Sultan Ma-Amor Mindalano, Dr. Taher Mindalano, Datu Maguidala Mindalano, Sobaida Magumpara Vda. De Mindalano, Raisha Mindalano Mandangan, Atty. Kimal M. Salacop, Datu Kamar M. Mindalano, Mayor Raslani Mindalano, Vice-Mayor Alidadi A. Mindalano, Eng. Rashdi A. Mindalano, Mrs.Paisha Mindalano Aguam, Datu Azis Mindalano Aguam, Mrs. Moomina Mindalano Omar, Datu Aminola Mindalano Omar), claiming to be the nearest relatives of the late Amir Mindalano, suing on their own behalf and on behalf of the entire Mindalano clan of Mindanao, filed a Complaint for damages (Civil Case 81-86) before Branch 8 of the Regional Trial Court of Marawi City charging the Bulletin Publishing Corp. represented by its President, Martin Isidro and its Publisher, Apolonio batalla, Ben F. Rodriguez, Fred J. Reyes, Jamil Maidan Flores, et. al. with libel. The Mindalanos' action was anchored on a feature article written by Flores entitled "A Changing of the Guard," which appeared in the 22 June 1986 issue of Philippine Panorama, a publication of Bulletin Publishing Corporation. In particular, exception was taken to the following excerpt: "The division of Lanao into Sur and Norte in 1959 only emphasized the feudal nature of Maranaw politics. Talk of Lanao politics and you find yourself confined to a small circle of the Alonto, Dimaporo, Dimakuta, Dianalan, Lucman families and a few more. These are big, royal families. If you are a Maranaw with aspirations for political leadership, you better be a certified bona fide member of one or several of these clans. xxx About the only time that one who was not of any royal house became a leader of consequence in the province was during the American era when the late Amir Mindalano held some sway. That was because Mindalano had the advantage of having lived with an American family and was therefore fluent and literate in English. But as soon as the datus woke up to the blessings of the transplanted American public school system, as soon as they could speak and read and write in English, political leadership again became virtually their exclusive domain. There must be some irony in that." They alleged that, contrary to the article, the Mindalanos "belong to no less than 4 of the 16 Royal Houses of Lanao del Sur," that the statement that the late Amir Mindalano, grand patriarch of the Mindalano clan, had lived with an American family, a statement which, they alleged, apart from being absolutely false, "has a distinct repugnant connotation in Maranao society." Contending finally that Bulletin, et. al. had with malice inflicted "so much damage upon the social standing of the plaintiffs" as to "irreparably injure" the Mindalano name and reputation, and thus interposed a claim for the award of moral and exemplary damages, attorney's fees, and litigation expenses, all in the aggregate amount of P2,350,000.00. Reacting to the complaint, Bulletin, et. al. filed on 6 August 1986 a Motion to Dismiss urging that (a) venue had been improperly laid, (b) the complaint failed to state a cause of action, and (c) the complainants lacked the capacity to bring the suit. In an Order dated 30 October 1986, however, Judge Edilberto Noel (Presiding Judge of Branch VIII of the Regional Trial Court, 12th Judicial Region with station in Marawi City) denied the Motion to Dismiss and directed Bulletin, et. al. to file their answer to the complaint. Bulletin, et. al. filed the petition for certiorari and prohibition with the Supreme Court. Issue: Whether the Bulletins article, which did not include the late Amir Mindalano as a member of a roy al clan, be considered defamatory. Held: It is axiomatic in actions for damages for libel that the published work alleged to contain libelous material must be examined and viewed as a whole. In its entirety, the subject article "A Changing of the Guard" is in essence a popular essay on the general nature and character of Mindanao politics and the recent emergence of a new political leader in the province of Lanao del Sur. The essay is not focused on the late Amir Mindalano nor his family. Save in the excerpts complained about, the name of the Mindalano family or clan is not mentioned or alluded to in the essay. The identification of Amir Mindalano is thus merely illustrative or incidental in the course of the development of the theme of the article. The language utilized by the article in general and the above excerpts in particular appears simply declaratory or expository in character, matter-of-fact and unemotional in tone and tenor. No derogatory or derisive implications or nuances appear detectable at all, however closely one may scrutinize the above excerpts.
There is no evidence of malevolent intent either on the part of the author or the publisher of the article in the quoted excerpts. Further, although the Court takes judicial notice of the fact that titles of royalty or nobility have been maintained and appear to be accorded some value among some members of certain cultural groups in our society, such titles of royalty or nobility are not generally recognized or acknowledged socially in the national community. No legal rights or privileges are contingent upon grant or possession of a title of nobility or royalty and the Constitution expressly forbids the enactment of any law conferring such a title. Thus, the status of a commoner carries with it no legal disability. Assuming for present purposes only the falsity (in the sense of being inaccurate or non-factual) of the description in the Panorama article of Amir Mindalano as not belonging to a royal house, the Court believes that such a description cannot in this day and age be regarded as defamatory, as an imputation of "a vice or defect," or as tending to cause "dishonor, discredit or contempt," or to "blacken the memory of one who is dead" in the eyes of an average person in our community. The above excerpts complained of do not disparage ar deprecate Maranao titles of royalty or nobility, neither do they hold up to scorn and disrespect those who, Maranao or not, are commoners. There is no visible effort on the part of Bulletin, et. al. to cast contempt and ridicule upon an institution or tradition of members of a cultural or ethnic minority group, an "indigenous cultural community" in the language of the Constitution, whose traditions and institutions the State is required to respect and protect. What the Mindalanos assert is defamatory is the simple failure to ascribe to the late Amir membership in a Maranao royal house, the ascription, in other words, to him of a factual condition shared by the overwhelming majority of the population of this country, both Maranao and non-Maranao, Muslim and non-Muslim. In a community like ours which is by constitutional principle both republican in character and egalitarian in inspiration, such an ascription, whether correct or not, cannot be defamatory. Furthermore, personal hurt or embarassment or offense, even if real, is not, however, automatically equivalent to defamation. The law against defamation protects one's interest in acquiring, retaining and enjoying a reputation "as good as one's character and conduct warrant" in the community and it is to community standards not personal or family standards that a court must refer in evaluating a publication claimed to be defamatory. Hence, the article "A Changing of the Guard" is clearly one of legitimate public interest. The neewspaper in the exercise of freedom of speech and of the press have kept well within the generally accepted moral and civil standards of the community as to what may be characterized as defamatory. The complaint in the court below failed to state a cause of action and should have been dismissed by the Judge.

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Bulletin Publishing Corp. v. Noel Facts: On 3 July 1986, 21 persons (Atty. Dimatimpos Mindalano, Atty. Mangorsi A.

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