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    Hannah Therese Sajonia
    This document summarizes a Supreme Court case regarding libel charges against the publisher and editor-in-chief of a tabloid. Cristinelli S. Fermin (publisher) and Bogs C. Tugas (editor-in-chief) were found guilty by trial court of libel for a malicious article against Anabelle Rama Gutierrez. The appellate court acquitted Tugas but affirmed Fermin's conviction, reducing damages. The Supreme Court affirmed the appellate court's decision with a modification to increase damages awarded against Fermin. The Court ruled that Article 360 creates a rebuttable presumption of publisher liability, not an absolute liability.

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    Subject Topic Date Made Digest Maker

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    Hannah Therese Sajonia
    119 views2 pages
    This document summarizes a Supreme Court case regarding libel charges against the publisher and editor-in-chief of a tabloid. Cristinelli S. Fermin (publisher) and Bogs C. Tugas (editor-in-chief) were found guilty by trial court of libel for a malicious article against Anabelle Rama Gutierrez. The appellate court acquitted Tugas but affirmed Fermin's conviction, reducing damages. The Supreme Court affirmed the appellate court's decision with a modification to increase damages awarded against Fermin. The Court ruled that Article 360 creates a rebuttable presumption of publisher liability, not an absolute liability.

    Original Title

    Fermin vs. People

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    This document summarizes a Supreme Court case regarding libel charges against the publisher and editor-in-chief of a tabloid. Cristinelli S. Fermin (publisher) and Bogs C. Tugas (editor-in-chief) were found guilty by trial court of libel for a malicious article against Anabelle Rama Gutierrez. The appellate court acquitted Tugas but affirmed Fermin's conviction, reducing damages. The Supreme Court affirmed the appellate court's decision with a modification to increase damages awarded against Fermin. The Court ruled that Article 360 creates a rebuttable presumption of publisher liability, not an absolute liability.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    119 views2 pages

    Subject Topic Date Made Digest Maker

    Uploaded by

    Hannah Therese Sajonia
    This document summarizes a Supreme Court case regarding libel charges against the publisher and editor-in-chief of a tabloid. Cristinelli S. Fermin (publisher) and Bogs C. Tugas (editor-in-chief) were found guilty by trial court of libel for a malicious article against Anabelle Rama Gutierrez. The appellate court acquitted Tugas but affirmed Fermin's conviction, reducing damages. The Supreme Court affirmed the appellate court's decision with a modification to increase damages awarded against Fermin. The Court ruled that Article 360 creates a rebuttable presumption of publisher liability, not an absolute liability.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    SUBJECT TOPIC DATE MADE DIGEST MAKER

    ITL Stare Decisis July 25, 2019 H. Sajonia

    CASE NAME: Fermin vs. People

    PONENTE: Nachura, J.

    CASE SUMMARY: - Cristinelli S. Fermin (publisher) and Bogs C. Tugas (editor in


    chief) found guilty for libel by RTC for publishing malicious
    print against Anabelle Rama Gutierrez in Gosip Tabloid.
    - Petitioners appealed to CA. Bogs Tugas was acquitted and
    absolved from any civil liability.
    - Cristinelli S. Fermin’s decision was affirmed w/ modification.
    (php 300,000 for moral damages for each offended party from
    Php 500,000)

    RULE OF LAW: ART 360 OF REVISED PENAL CODE​ which makes a publisher
    liable for libel to the same extent as if he were the author thereof
    marely creates a reputabel presumption which may be rebutted in
    contrary evidence. Any person who shall publish, exhibit, or causue
    the publication of exhibition of any defamation in writing or by similar
    means shall be responsible for the same.

    DETAILED FACTS

    ISSUE Analysis

    1. W/N the rulings in the ff. Cases US. vs. Taylor​- accused indicted; manager
    requiring knowledge, participation, and directly responsible for writing, editing,
    and approval of the libelous article to and publishing.
    sustain the laters conviction for libel
    are applicable in the present case. People vs. Topacio and Santiago​- Ref to
    a. US vs Taylor Spanish text Art 360 include verb ‘publicar’.
    b. People vs. Topacio and Thus art 360 includes publisher.
    Santiago
    c. US vs. Madrigal US vs. Madrigal​- not applicable to the case;
    d. US vs. Santos pertains to crim prosecution under Section 30
    e. Holding of US vs. Ocampo as of Act no 1519 (fraudulently representing the
    clarified by CA in People vs. weight or measure of anything to be greater
    Beltran and Soliven or less than it is)

    US vs. Santos​- not applicable to the case;


    refers to crim responsibility under Internal
    Revenue Law (Act no 2339)

    Holding of US vs. Ocampo as clarified by


    CA in People vs. Beltran and Soliven-
    Beltran decision got finality at the level of the
    CA. No compelling reason to visit US vs.
    Ocampo; to modify it would amount to judicial
    legislation.

    HOLDING

    ART 360 OF REVISED PENAL CODE​ which makes a publisher liable for libel to the same
    extent as if he were the author thereof merely creates a rebuttable presumption which may be
    rebutted in contrary evidence. Any person who shall publish, exhibit, or cause the publication
    of exhibition of any defamation in writing or by similar means shall be responsible for the
    same.

    RULING

    - Decision of CA AFFIRMED w/ MODIFICATION


    - Cristinelli S. Fermin to pay a fine (P 6,000) w/ subsidiary imprisonment in case of
    insolvency, in each case
    - Cristinelli S. Fermin to pay Php 500,000 each to Anabelle Rama Gutierrez and
    Eduardo Gutierrez for moral damages. (Increased from 300,000)

    OTHER OPINIONS

    N/A

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