Baguio Midland Courier, Represented by its President and General Manager,

Oseo Hamada and Cecille Afable, Editorin-Chief, Petitioners,

Vs.
The Court of Appeals and Ramon Labo, Jr., respondents,

Facts:
-

Oseo Hamada, President & General Manager of Baguio Midland

Courier and Cecille Afable, Editor in Chief petitioned the ruling of
C.A against them on January 07, 1992. That the time the article in
question was published, Mr. Labo was not a public official but a
private citizen seeking an elective office and petitioner Afables
article was intended to impeach his honesty, virtue or reputation
and to make him appear in the eyes of the public as unfit for public
office.
Mr. Ramon Labo Jr. was among the mayoralty candidates in Baguio
City for the 18 January 1988 local elections.
Jan 10, 1988, Ms. Afable commented in the article about Mr. Labo
about Dumpty in the egg is campaigning for Cortes. That Mr. Labo
cant settle P27,000.00 to their company and yet donated millions
of pesos.
Mr. Labo filed criminal and civil actions for libel dated 26 December
1988.
On June 14, 1990, the trial court dismissed the complaint for lack of
merit. The article in question was privileged and constituted fair
comment on matters of public interest as it dealt with the integrity,
reputation, and honesty of private respondent who was a candidate
for local elective office at that time.

Issues:
-

Whether or not the CA was erred in concluding that plaintiffappellant Ramon Labo Jr. was the one referred to as the Dumpty in
the egg.
Whether or not the CA was erred in holding that there is good
reasons and reasonable ground to assume that the publication of
the libelous articles was a manifestation to demerit a candidate in
Baguio City.
Whether or not the CA was erred in holding that there was malice in
publishing that article.

Ruling:
-

That the named referred in the article dumpty in the egg on

January 10, 1988 was to another named candidate.

That dumpty in the egg was someone who was campaigning for a
certain Atty. Reynaldo Cortes- one of the mayoralty candidate in
Baguio City at that time.
The petitioners Hamada & Afable were siblings and not spouses. It
lacks factual support.
The private respondent was unable to prove that petitioner Afables
column was tainted with actual malice. Verily, the records are
replete with evidence that, indeed, private respondent incurred an
obligation which had remained unpaid.
Afables article constituted a fair comment on a matter of public
interest as it dealt with the character of private respondent who
was running for the top elective post in Baguio City.
The petition is granted. The decision of CA was reversed and set
aside.