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Cristinelli

Cristy Fermin, the publisher and president of Gossip Tabloid, and Bogs Tugas, the editor-in-chief, were criminally charged with libel based on a libelous article published in the tabloid. The RTC found both guilty of libel. The CA affirmed Fermin's conviction but acquitted Tugas. The Supreme Court upheld Fermin's conviction, finding that as publisher and president she had full control over publications regardless of her claims of no knowledge or participation in publishing the article. However, the Court could not reinstate Tugas' conviction due to double jeopardy protections after his acquittal by the CA.

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121 views2 pages

Cristinelli

Cristy Fermin, the publisher and president of Gossip Tabloid, and Bogs Tugas, the editor-in-chief, were criminally charged with libel based on a libelous article published in the tabloid. The RTC found both guilty of libel. The CA affirmed Fermin's conviction but acquitted Tugas. The Supreme Court upheld Fermin's conviction, finding that as publisher and president she had full control over publications regardless of her claims of no knowledge or participation in publishing the article. However, the Court could not reinstate Tugas' conviction due to double jeopardy protections after his acquittal by the CA.

Uploaded by

Sean Arcilla
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case Brief: Fermin vs.

 People

G.R. No. 157643 March 28, 2008.


CRISTINELLI S. FERMIN, petitioner
vs.
PEOPLE OF THE PHILIPPINES, respondent
Facts:
Cristy Fermin is the publisher and Bogs Tugas is the editor-in-chief of Gossip
Tabloid. The June 14, 1995 headline and lead story of the tabloid says that it is
improbable for Annabelle Rama to go to the US should it be true that she is
evading her conviction in an estafa case herein the Philippines for she and
husband Eddie have more problems/cases to confront there. This was said to be
due to them, especially Annabelle’s, using fellow Filipinos’ money and failure to
remit proceeds to the manufacturing company of the cookware they were
selling.

On complaint of spouses, two (2) criminal information for libel were filed against
the accused before the RTC.

The RTC found petitioner and Tugas guilty of libel.

Aggrieved, petitioner and Tugas appealed to the CA which affirmed the


conviction of petitioner, but acquitted Tugas on account of non-participation in
the publication of the libelous article.

Issue:
Whether or not both the publisher and the Editor-in-chief are guilty of libel based
on the libelous article written by Fermin.

Held:
Yes.

In U.S. v. Taylor, which provides that: “Every author, editor or proprietor of


any book, newspaper, or serial publication is chargeable with the
publication of any words contained in any part of said book or number of
each newspaper or serial as fully as if he were the author of the
same.” In People v. Topacio and Santiago, reference was made to the Spanish
text of Article 360 of the Revised Penal Code which includes the verb “publicar.”
Thus, it was held that Article 360 includes not only the author or the
person who causes the libelous matter to be published, but also the
person who prints or publishes it.
Based on these cases, therefore, proof of knowledge of and participation in the
publication of the offending article is not required, if the accused has been
specifically identified as “author, editor, or proprietor” or “printer/publisher” of
the publication, as petitioner and Tugas are in this case. It is worthy to note that
petitioner was not only the “publisher,” as shown by the editorial box of Gossip
Tabloid but also its “president” and “chairperson” as she herself admitted on the
witness stand. Obviously, petitioner had full control over the publication
of articles in the said tabloid. Her excuse of lack of knowledge, consent, or
participation in the release of the libelous article fails to persuade. Following
SC’s ruling in Ocampo, petitioner’s criminal guilt should be affirmed,
whether or not she had actual knowledge and participation, having
furnished the means of carrying on the publication of the article
purportedly prepared by the members of the Gossip Reportorial Team,
who were employees under her control and supervision.
In view of the foregoing disquisitions, the conviction of Fermin for libel should be
upheld.  CA erred in acquitting Tugas, he being the editor-in-chief. But the SC
cannot reinstate the ruling of the trial court convicting Tugas because with his
acquittal by the CA, SC would run afoul of his constitutional right against double
jeopardy.

The Decision of the Court of Appeals is AFFIRMED with MODIFICATIONS

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