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PDF Fermin V People Digest Compress

1. Cristy Fermin was found guilty of libel by the Regional Trial Court for a story published in the Gossip Tabloid accusing Annabelle Rama of evading conviction for estafa and having legal problems in the US. 2. The Supreme Court affirmed Fermin's conviction, finding that as publisher and president of the tabloid, she could be held criminally liable regardless of her actual knowledge or participation in publishing the story. 3. The elements of libel were present as the story imputed crimes and defects to Rama, was published for all to see, and identified Rama in a way that caused dishonor with malice.

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265 views1 page

PDF Fermin V People Digest Compress

1. Cristy Fermin was found guilty of libel by the Regional Trial Court for a story published in the Gossip Tabloid accusing Annabelle Rama of evading conviction for estafa and having legal problems in the US. 2. The Supreme Court affirmed Fermin's conviction, finding that as publisher and president of the tabloid, she could be held criminally liable regardless of her actual knowledge or participation in publishing the story. 3. The elements of libel were present as the story imputed crimes and defects to Rama, was published for all to see, and identified Rama in a way that caused dishonor with malice.

Uploaded by

Elyn Apiado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Title: Fermin v. People


Date: 28 March 2008
Ponente: J. Nachura
Subjec
Sub ject/T
t/Topi
opic:
c: Crimi
Criminal
nal Law,
Law, Libel

Facts:

• Cristy Fermin is the publisher and Bogs Tugas is the editor-in-chief of Gossip T
Tabloid
abloid
•
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 here
in the Philippines for she and husband Eddie have more problems/cases to confront there. This
was said to be due to their, especially Annabelle's, using fellow Filipinos’ money, failure to remit
proceeds to the manufacturing company of the cookware
cook ware they were selling and not being on good
terms with the latter.
• Annabelle and Eddie filed libel cases against Fermin and Tugas before 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 conviction was affirmed.
• Fermin's motion for reconsideration was denied hence, this petition. She argues that she had no
knowledge and participation in the publication of the article, that the article is not libelous and is
covered by the freedom of the press.

Issue:
Issue: WON C
Cristy
risty Ferm
Fermin
in is g
guilty
uilty of libel?
libel?

Held/Ratio: YES.

• Proof of knowledge of and participation 


participation  in the publication is not required,
required, if the accused
has been specifically identified as “author, editor, or proprietor” or “printer/publisher” of the
publication.

o Petitioner was
Petitioner  was not only the “publisher,” but also the “president
“president”
” and “chairperson.”
“chairperson.”
 Petitioner’s criminal guilt should be affirmed, whether or not she had actual knowledge
and participation.

• The elements of libel were present.

o Evident imputation of the crime of malversation (converting money for personal use),
of vices 
vices  or defects for being fugit
fugitives
ives from the law (evading prosecution
prosecution in America)
America)
and of being a wastrel
o Attribution made publicly.
publicly. Gossip Tabloid had
Tabloid had a nationwide circulation.
o The victims were identified and identifiable
identifiable..
o The article reeks of  malice
malice,, as it tends to cause the dishonor, discredit, or contempt of 
the complainants.
 Malice in law - the article was malicious in itself; the imputations were false.
 Malice in fact - there was motive to talk ill against complainants during the electoral
campaign as Fermin is a close friend of Eddie's opponent in the Congressional race

• While complainants are considered public figures for being personalities in the entertainment
business, media people do not have the unbridled license to malign their honor and dignity by
indiscriminately airing fabricated and malicious comments, whether in broadcast media or in print,
about their personal lives.

Note: CA erred in acquitting Tugas, he being the editor-in-chief. But the SC cannot reinstate the ruling of the trial court 
convicting Bogs Tugas because with his acquittal by the CA as that would run afoul of his constitutional right against double
 jeopardy.

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