PHILIPPINE JOURNALISTS, INC. (PEOPLES JOURNAL), et. al. vs.

FRANCIS THEONEN
G.R. No. 143372, 13 December 2005

FACTS:

On September 30, 1990, a news item appeared in the Peoples Journal claiming that a certain
Francis Thoenen, a Swiss national and a retired engineer permanently residing in this country with his
Filipina wife and children, allegedly shoots wayward neighbors pets that he finds in his domain. It also
claimed that his BF homes resident neighbors through Att. Efren Angara sought his deportation with the
CID (now BID) to prevent future recurrence of such incident.

Theonen claimed that the news article was libelous, and that it destroyed his good reputation in
the community and consequently incurred the ire of his friends, neigbors and relatives. On this ground,
he sought for P200,000.00 in moral damages, P100,000.00 in exemplary damages, and P50,000.00 in
attorneys fees.

Cristina Lee, the journalist-author of the artlicle failed to verify with Theonen the truth of the
matter and neither did she clarify the issue with the purported letter-write Atty. Efren Angara before
publishing the news article

On 31 August 1994, the Regional Trial Court, Branch 62, Makati City, rendered a Decision in favor
of the petitioners citing that there was no malice on the part of the defendants in publishing the news
item. The Court of Appeals however, reversed the decision in favor of Theonen.

ISSUE:

Whether the Petitioners are guilty of libel for publishing unverified report about an alien who
allegedly was shooting his neighbors pets.

HELD:

The freedom of speech and of the press is not absolute. Citing Article 353 of the Revised Penal Code
which defines libel as a public and malicious imputation of a crime, therefor libel is not a protected
speech.

The Supreme Court affirmed the Court of Appeals decision, subject to the modification that
petitioners are guilty of libel and so ordered to pay, jointly and severally, moral damages in the sum
of P100,000.00, exemplary damages ofP30,000.00, and legal fees of P20,000.00.