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DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
Office of the Secretary
Padre Faura St., Ermita, Manila
EFREN ALCANTARA,
Respondent.
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THE PARTIES
DISCUSSION
THE PARTIES
2
A copy of which is attached hereto as Annex C.
Page 4 of 15
(Highlight/emphasis supplied)
7. After the parties filed their pleadings, the case was submitted for
resolution, and the Office of the City Prosecutor of Las Pinas
eventually issued the Resolutions now up for review by this
Honorable Office.
ISSUES
DISCUSSION
The Formal Written Complaint was not made public. Said document
was not circulated or publicized to third persons, but only to those
Page 7 of 15
First of all, respondent did not show proof that Lorben Chan was
in fact the person to whom such “complaint” should have been made.
While Lorben Chan submitted an affidavit to that effect, he did not even
attach his job description duly certified by the corporation that he,
Lorben Chan was the overall manager, what were his duties and
responsibilities, and that he was somewhat the superior of complainant
herein. The real person who had an interest and ability to provide relief
to the respondent as to the latter’s alleged complaints was Jean Toh,
who did not submit any affidavit in support of the claims of the
respondent as to the alleged qualified privileged nature of the
communication. The protection respondent hides behind, that her
complaint falls under qualified privileged communication so as to put it
beyond the scope of libel, was not justified at all.
7
G.R. No. 157802, October 13, 2010, MATLING INDUSTRIAL AND COMMERCIAL
CORPORATION, RICHARD K. SPENCER, CATHERINE SPENCER, AND ALEX
MANCILLA, Petitioners, vs.RICARDO R. COROS, Respondent.
8
G.R. No. 184315, November 25, 2009, ALFONSO T. YUCHENGCO, vs.THE MANILA
CHRONICLE PUBLISHING CORPORATION, ROBERTO COYIUTO, JR., NOEL CABRERA,
Page 9 of 15
In the same case of Yuchengco, the Court went further to discuss what
is considered actual malice :
“Malice connotes ill will or spite and speaks not in response to duty
but merely to injure the reputation of the person defamed, and
implies an intention to do ulterior and unjustifiable harm. It is present
when it is shown that the author of the libelous remarks made such
remarks with knowledge that it was false or with reckless disregard
as to the truth or falsity thereof.”9
“In Disini v. The Secretary of Justice, the Court explained "actual malice" as
follows:
There is "actual malice" or malice in fact when the offender makes the
defamatory statement with the knowledge that it is false or with reckless
disregard of whether it was false or not. The reckless disregard standard
used here requires a high degree of awareness of probable falsity. There
must be sufficient evidence to permit the conclusion that the accused in fact
entertained serious doubts as to the truth of the statement he published.
Gross or even extreme negligence is not sufficient to establish actual
malice. (citations omitted)10
While it would appear that the letter was written by petitioner out of
his social duty to a member of the association which he heads, and
was written to respondent as a reply to the latter’s demand letter sent
to a member, however, a reading of the subject letter-reply
GERRY ZARAGOZA, DONNA GATDULA, RODNEY P. DIOLA, RAUL VALINO and THELMA
SAN JUAN,Respondents.
9 Ibid.
10
G.R. No. 170341, MANILA BULLETIN PUBLISHING CORPORATION AND RUTHER
BATUIGAS, Petitioners vs.VICTOR A. DOMINGO AND THE PEOPLE OF THE PHILIPPINES,
Respondents
Page 10 of 15
11
G.R. NO. 142509, March 24, 2006, JOSE ALEMANIA BUATIS, JR., Petitioner,
vs. THE PEOPLE OF THE PHILIPPINES and ATTY. JOSE J. PIERAZ, Respondents.
Page 11 of 15
have personal knowledge of the following, which are not factual but
deductions/speculations on respondent’s part:
(Italics supplied)
PRAYER
Copy furnished:
VERONICA DURIAS
STOLT TANKERS B.V.
6TH FLOOR V. CORPORATE CENTER
125 L.P. LEVISTE ST., SALCEDO VILLAGE, MAKATI CITY
EXPLANATION
3. I have read the contents thereof and the facts stated therein
are true and correct of my personal knowledge and/or on the
basis of copies of documents and records in my possession;
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