67 - Slander
People vs Judge Orcullo
111 SCRA 609 [Case Digest]
Facts:
On September 4, 1978, a
special counsel in the Office of the City Fiscal of Cagayan de Oro filed information
for Oral Defamation against private respondent for the derogatory remarks
stated against Lydia Flores in the presence and within the hearing of many
people to wit: “a hostess and a paramour, any kind of penis had penetrated your
vagina.” After a plea of not guilty, private respondent filed a motion to
squash alleging that since the words uttered imputed to the offended party the
crime of adultery, she being a married woman, the crime cannot be prosecuted de
oficio but must be brought by complaint of the offended party as provided in
paragraph 5, Article 360 of the Revised Penal Code.
Issue:
Whether or not the derogatory
remarks- “a hostess and a paramour, any kind of penis had penetrated your
vagina”- imputes adultery or prostitution
Held:
Prostitution
Ratio:
It must be noted that it is
only when the derogatory remarks clearly and categorically reflect the elements
constituting adultery would the complaint for libel by the offended party be
necessary to commence prosecution. In this case, however, the derogatory
remarks of accused-respondent, not only do not clearly show the elements of
adultery but on the contrary, such remarks indubitably impute the crimes of
prostitution. Therefore, the information for libel can be filed without the
complaint of the offended party.
Submitted by: G-one T.
Paisones
Submitted to: Atty. Cisco
Franz S. Maclang
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