DIGEST People v. Fermin

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Fermin v People

GR No. 157643, March 28, 2008

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 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 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 found Fermin and Tugas guilty of libel. Tugas was
acquitted on account of non-participation but Fermin's conviction was affirmed. Fermin's motion for
reconsideration was denied hence, the petition. She argues that she had no knowledge and participation
in the publication of the article, that the article is not libelous and discovered by the freedom of the press.

ISSUE:

WON Cristy Fermin is guilty of libel?

HELD:

Yes. Proof of knowledge of and participation in the publication is not required if the accused has been
specifically identified as “author, editor, or proprietor” or “printer/publisher” of the publication.
Petitioner was not only the “publisher,” but also the “president” and “chairperson.” Petitioner’s criminal
guilt should be affirmed, whether or not she had actual knowledge and participation. The elements of
libel were present. 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.

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