Position Paper FAM

Republic of the Philippines
REGIONAL TRIAL COURT

10TH Judicial Region
Branch 1
Butuan City, Agusan del Norte
ENRIQUE G. DE LEON
Complainant,
-versus- CRIMINAL CASE: No. 12345678910

For: Slight Oral Defamation
PEOPLE OF THE PHILIPPINES AND

ENRIQUE DE LEON,
Respondent.
x-----------------------------------------------------------------------------------------x
POSITION PAPER
STATEMENT OF THE RELEVANT FACTS
1. On the morning of February 27, 2006 when De Leon, with his son
John, while having breakfast with their fellow joggers at the Philippine National
Railroad-Tutuban Station, were approa ched by SPO3 Leonardo who arrived on his
scooter. With his gun drawn, SPO3 Leonardo walked fast towards the group and at
a distance of two meters, more or less, he said, "Putang ina mo, tapos ka na Ricky
Boy, referring to De Leon." He pressed the trigger but the gun did not fire, when he
was to strike again, De Leon was able to escape with the help of John.
2. Consequently, De Leon and John filed an administrative complaint for

grave misconduct against SPO3 Leonardo before the PLEB and the first hearing
was set on April 17, 2006. In his Sinumpaang Salaysay sa Paghahabla filed before
the PLEB, De Leon narrated that he and SPO3 Leonardo were former jogging
buddies and that the latter wanted to borrow money from the former in the amount
of P150,000.00, but he declined. SPO3 Leonardo became upset with him,
culminating in the gun-pointing incident.
3. On April 17, 2006, at around 1:30 o'clock in the afternoon, De Leon,

in the company of his wife Concepcion, Manalo, Molera, and several others went
to the PLEB office to attend the hearing. When De Leon and his companions
arrived at the PLEB, they saw SPO3 Leonardo seated on the bench alone; that they
were about to pass when SPO3 Leonardo stood up, badmouthed and threatened De
Leon by uttering the words, "Putang-ina mong mayabang ka, pag di mo inurong
demanda mo sa akin, papatayin kita."
4. Moments later, they caused the incident to be entered in the police
blotter. From there, they returned to the PLEB office where they were advised to
file charges against SPO3 Leonardo in Camp Crame. Malupeng and Principe were
not seen at the PLEB office premises. Molera even tried to pacify SPO3 Leonardo
by saying, "Itok (referring to SPO3 Leonardo), ano ka ba naman andito na tayo sa
husgado, ayaw mo pang tigilan ang kamumura kay Ricky, referring to De
Leon." De Leon did not do anything, he simply entered the PLEB office and sat
down there because he got nervous. He also denied apologizing to SPO3 Leonardo.
5. Also on April 17, 2006, De Leon utilized the police blotter to file a
case against SPO3 Leonardo in Camp Crame. He filed the said case only after he
received the subpoena from the OCP for the case filed against him by SPO3
Leonardo. Although he was with his lawyer when he went to Camp Crame, the
latter did not advise him to file a complaint in the OCP right away. According to
De Leon, he also saw SPO3 Leonardo deposit his service firearm while at the
PLEB office.
6. The CA affirmed the RTC decision with modification as to the

imposed penalty. The CA stated that the issue of credibility was already raised with
the RTC and was resolved against De Leon. The CA found that he had not shown
any sufficient reason to justify a departure from the factual findings of the MeTC,
which were affirmed by the RTC.20
7. According to the CA, to call SPO3 Leonardo a "walanghiya,"

"mayabang" and "mangongotong" in public unquestionably constituted grave oral
defamation. These words seriously attacked SPO3 Leonardo's character. The term
"mangongotong" actually imputed a crime that was dishonorable to him as a police
authority. There having been no provocation on the part of SPO3 Leonardo and
that the utterances complained of were not made in the heat of unrestrained anger
or obfuscation, the RTC did not err in upholding the judgment against De Leon for
the crime of grave oral defamation
ISSUES
I. WHETHER THE DECISION OF THE MeTC FAILED TO

INCLUDE THE FACTS AND THE LAW UPON WHICH THE
DECISION WAS BASED.
II. WHETHER DE LEON'S GUILT HAS BEEN PROVEN

BEYOND REASONABLE DOUBT.
ARGUMENTS/DISCUSSION
The MeTC Decision clearly
stated the facts and the law
on which it was based
8. Faithful adherence to the requirements of Section 14, Article VIII of

the Constitution is indisputably a paramount component of due process and fair
play. A decision that does not clearly and distinctly state the facts and the law on
which it is based leaves the parties in the dark as to how it was reached and is
precisely prejudicial to the losing party, who is unable to pinpoint the possible
errors of the court for review by a higher tribunal.
9. The standard "expected of the judiciary" is that the decision rendered

makes clear why either party prevailed under the applicable law to the facts as
established. Nor is there any rigid formula as to the language to be employed to
satisfy the requirement of clarity and distinctness. The discretion of the particular
judge in this respect, while not unlimited, is necessarily broad. There is no
sacramental form of words which he must use upon pain of being considered as
having failed to abide by what the Constitution directs.
10. In this case, there was no breach of the constitutional mandate that
decisions must express clearly and distinctly the facts and the law on which they
are based. The CA correctly stated that the MeTC clearly emphasized in its
decision, the factual findings, as well as the credibility and the probative weight of
the evidence for the defense vis-a-vis the evidence of the prosecution. The MeTC
presented both the version of the prosecution and that of the defense. De Leon was
not left in the dark. He was fully aware of the alleged errors of the MeTC. The
RTC, as an appellate court, found no reason to reverse the decision of the MeTC.
11. Although De Leon claims that the testimony of Principe is incredible,

the MeTC, the RTC and the CA perceived it otherwise. First, there was no ill
motive on the part of Principe for him to weave a tale of lies against De Leon.
Second, Judge Soriaso was able to observe Principe's demeanor during trial. He
was observed to be candid and composed and his conduct on the witness stand did
not mirror that of an insincere or false witness.
No bias and partiality on

the part of Judge Soriaso
12. Unless there is concrete proof that a judge has a personal interest in
the proceedings and that his bias stems from an extra-judicial source, this Court
shall always presume that a magistrate shall decide on the merits of a case with an
unclouded vision of its facts.33 Bias and prejudice cannot be presumed, in light
especially of a judge's sacred obligation under his oath of office to administer
justice with impartiality. There should be clear and convincing evidence to prove
the charge; mere suspicion of partiality is not enough.
13. De Leon posits that Judge Soriaso harbored ill feelings towards him
which eventually resulted in his conviction. No evidence, however, was ever
adduced to justify such allegation. Thus, such argument must also fail.
The crime committed is only

Slight Oral Defamation
14. Oral Defamation or Slander is libel committed by oral (spoken)

means, instead of in writing. It is defined as "the speaking of base and defamatory
words which tend to prejudice another in his reputation, office, trade, business or
means of livelihood."35 The elements of oral defamation are: (1) there must be an
imputation of a crime, or of a vice or defect, real or imaginary, or any act,
omission, status or circumstances; (2) made orally; (3) publicly; (4) and
maliciously; (5) directed to a natural or juridical person, or one who is dead; (6)
which tends to cause dishonour, discredit or contempt of the person defamed. Oral
defamation may either be simple or grave. It becomes grave when it is of a serious
and insulting nature.
15. An allegation is considered defamatory if it ascribes to a person the

commission of a crime, the possession of a vice or defect, real or imaginary or any
act, omission, condition, status or circumstance which tends to dishonor or
discredit or put him in contempt or which tends to blacken the memory of one who
is dead. To determine whether a statement is defamatory, the words used in the
statement must be construed in their entirety and should be taken in their plain,
natural and ordinary meaning as they would naturally be understood by persons
reading them, unless it appears that they were used and understood in another
sense.36 It must be stressed that words which are merely insulting are not actionable
as libel or slander per se, and mere words of general abuse however opprobrious,
ill-natured, or vexatious, whether written or spoken, do not constitute a basis for an
action for defamation in the absence of an allegation for special damages. The fact
that the language is offensive to the plaintiff does not make it actionable by itself
16. In this case, the Court agrees that the words uttered by De Leon were
defamatory in nature. It is, however, of the view that the same only constituted
simple oral defamation.
Whether the offense committed is serious or slight oral defamation, depends not
only upon the sense and grammatical meaning of the utterances but also upon the
special circumstances of the case, like the social standing or the advanced age of
the offended party.38 "The gravity depends upon: (1) the expressions used; (2) the
personal relations of the accused and the offended party; and (3) the special
circumstances of the case, the antecedents or relationship between the offended
party and the offender, which may tend to prove the intention of the offender at the
time. In particular, it is a rule that uttering defamatory words in the heat of anger,
with some provocation on the part of the offended party constitutes only a light
felony..
17. Considering the factual backdrop of this case, the Court is convinced
that the crime committed by De Leon was only slight oral defamation for the
following reasons:
a.) First, as to the relationship of the parties, they were obviously

acquainted with each other as they were former jogging buddies. Prior to the
purported gun-pointing incident, there was no reason for De Leon to harbor ill
feelings towards SPO3 Leonardo.
b.) Second, as to the timing of the utterance, this was made during
the first hearing on the administrative case, shortly after the alleged gun-pointing
incident. The gap between the gun-pointing incident and the first hearing was
relatively short, a span of time within which the wounded feelings could not have
been healed. The utterance made by De Leon was but a mere product of emotional
outburst, kept inside his system and unleashed during their encounter.
c.)Third, such words taken as a whole were not uttered with evident
intent to strike deep into the character of SPO3 Leonardo as the animosity between
the parties should have been considered. It was because of the purported gun-
pointing incident that De Leon hurled those words. There was no intention to
ridicule or humiliate SPO3 Leonardo because De Leon's utterance could simply be
construed as his expression of dismay towards his actions as his friend and member
of the community.
The defamatory remarks were

not in connection with the
public officer's duty
18. Finally, the Court finds that even though SPO3 Leonardo was a police
officer by profession, his complaint against De Leon for oral defamation must still
prosper. It has been held that a public officer should not be too onion-skinned and
should be tolerant of criticism. The doctrine, nevertheless, would only apply if the
defamatory statement was uttered in connection with the public officer's duty. The
following cases are
In the case of Evangelista v. Sepulveda,45 petitioner lawyer made the following

statements in his appeal:
THIS BLUNDER of the TRIAL COURT, AT ONCE SHOCKING AND UNPARDONABLE,

BETRAYS BOTTOMLESS IGNORANCE OF LEGAL FUNDAMENTALS AND IS A BLACK
REFLECTION ON THE COMPETENCE OF ITS INCUMBENT. IT COULD BE A GROUND
FOR PROSECUTION AND ADMINISTRATIVE ACTION.
This shocking, colossal blunder deserves condemnation no end and cries for
immediate relief in order to avoid repetitions of miscarriages of justice.
19. One of man's most prized possessions is his integrity. There lies a thin
line between criticism and outright defamation. When one makes commentaries
about the other's performance of official duties, the criticism is
considered constructive, then aimed for the betterment of his or her service to the
public. It is thus, a continuing duty on the part of the public officer to make room
for improvement on the basis of this constructive criticism in as much as it is
imperative on the part of the general public to make the necessary commentaries
should they see any lapses on the part of the public officer. In this case, however,
the criticism was more destructive than constructive and, worse, it was directed
towards the personal relations of the parties.
20. To reiterate, their altercation and De Leon's subsequent defamation

were not in connection with SPO3 Leonardo's public duties. Taking into account
the circumstances of the incident, calling him "walanghiya" and "mangongotong
na pulis" was evidently geared towards his reputation as a private individual of the
community. Thus, the defamation committed by De Leon, while only slight in
character, must not go unpunished.
Accordingly, De Leon should be meted out only the penalty of arresto mayor or a
fine not exceeding P200.00 pesos, for committing slight oral defamation as
prescribed under Article 358 of the Revised Penal Code
Service by Post
Copies of this pleading cannot be personally served upon other parties

because of distance and time constraints, which therefore render personal service
and filing impractical and inefficient.
RELIEF
WHEREFORE, the petition is PARTIALLY GRANTED.

The April 15, 2011 Decision of the Metropolitan Trial Court, Branch 6,
Manila, is hereby MODIFIED to read as follows:
WHEREFORE, finding Enrique De Leon guilty beyond reasonable doubt
of the crime of Slight Oral Defamation, the Court hereby sentences him to pay a
fine of P200.00, with subsidiary imprisonment in case of insolvency, and to pay the
costs.
On the civil aspect ex delicto, the accused is ordered to pay the private
complainant P5,000.00 as moral damages.
Other remedies just and equitable under the premises is likewise prayed.
Butuan, 11 January 2016
MARIANIE C. TANATEZ
PTR No. 3738164/ 1-14-2015/Butuan City
IBP Lifetime Mem. No. 0986661/6-24-2015/Butuan Chapter
Attorney’s Roll No. 63444
(Admitted to BAR in 2014; exempted until next compliance period)
MELCHOR C. VILLALOBOSA
PTR No. 0349017/01-05-15/Butuan City
IBP No. LRN-0981340/01-05-2015/ Butuan City
Attorney’s Roll No. 61783
(Admitted to BAR in 2013; exempted until next compliance period)

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Republic of the Philippines

REGIONAL TRIAL COURT

-versus- CRIMINAL CASE: No. 12345678910

PEOPLE OF THE PHILIPPINES AND

STATEMENT OF THE RELEVANT FACTS

2. Consequently, De Leon and John filed an administrative complaint for

3. On April 17, 2006, at around 1:30 o'clock in the afternoon, De Leon,

6. The CA affirmed the RTC decision with modification as to the

7. According to the CA, to call SPO3 Leonardo a "walanghiya,"

I. WHETHER THE DECISION OF THE MeTC FAILED TO

II. WHETHER DE LEON'S GUILT HAS BEEN PROVEN

8. Faithful adherence to the requirements of Section 14, Article VIII of

9. The standard "expected of the judiciary" is that the decision rendered

11. Although De Leon claims that the testimony of Principe is incredible,

No bias and partiality on

The crime committed is only

14. Oral Defamation or Slander is libel committed by oral (spoken)

15. An allegation is considered defamatory if it ascribes to a person the

a.) First, as to the relationship of the parties, they were obviously

The defamatory remarks were

In the case of Evangelista v. Sepulveda,45 petitioner lawyer made the following

THIS BLUNDER of the TRIAL COURT, AT ONCE SHOCKING AND UNPARDONABLE,

20. To reiterate, their altercation and De Leon's subsequent defamation

Copies of this pleading cannot be personally served upon other parties

WHEREFORE, the petition is PARTIALLY GRANTED.

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