GMA Network Inc vs Bustos 535 Phil. 624 [Case Digest]

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GMA Network Inc vs Bustos

535 Phil. 624 [Case Digest]

 

 

Facts:

            GMA Network covered and reported the Petition for Mandamus (filed by the group of Medical Students who take the Physician Licensure Examinations - August 1987).  The network also reported the alleged discrepancy of the process in checking the papers of the Medical Students who took the exam.

            Stung by what they (Board of Medicine of the PRC) claim to be a false, malicious and one-sided report filed and narrated by a remorseless reporter, the herein respondents instituted on September 21, 1988 with the RTC of Makati City a damage suit against  GMA.

Issue:

            Whether or not the televised news report in question on the filing of the petition for mandamus against the respondents is libelous

Held:

            No.

Ratio:

            In the case of Cuenco vs Cuenco, GR No L-29560, March 31, 1976 ..., [it was] ... held that the correct rule is that a fair and true report of a complaint filed in Court without remarks nor comments even before an answer is filed or a decision promulgated should be covered by the privilege.

This Court adopts the ruling [in Cuenco] to support its finding of fact that the disputed news report consists merely of a summary of the allegations in the said Petition for Mandamus, filed by the medical examinees, thus the same falls within the protected ambit of privileged communication.

Submitted by: G-one T. Paisones

Submitted to: Atty. Cisco Franz S. Maclang