SANTOS vs CA 203 SCRA 110 [Case Digest]

61

SANTOS vs CA

203 SCRA 110

Facts:

            On February 23, 1970, Nanerico Santos as a columnist of the Manila Daily Bulletin wrote and published in his weekly column an article entitled “Charges against CMS Stock Brokerage, Inc.” which article was quoted verbatim from an unverified complaint filed with the Securities and Exchange Commission on February 13, 1970 by Rosario Sison Sandejas and her daughters charging CMS Stock Brokerage Inc., particularly its board chairman and controlling stockholders Carlos Moran Sison and its president-general manager Luis F. Sison, of engaging in fraudulent practices in the stock market. On the very day that the news item appeared, Carlos M. Sison sought a meeting with petitioner Santos so that he could submit to the columnist his reply which he wanted to published “the very next day” and in the same column. Petitioner promised Sison that he would have the reply published, not on the next day, but on February 25, 1970 issue of the Manila Daily Bulletin because “it was already past the deadline for the next day’s issue.”

The reply was not published on February 25, 1970 as petitioner had promised and so Carlos Moran Sison called petitioner by phone to tell him not to publish the reply anymore as it would only rekindle the talks. Sison also informed petitioner that he would be sued for libel, to which statement petitioner retorted: “Well, sue me for libel.” About a week later when Carlos Moran Sison chanced upon petitioner at the Hotel Intercontinental lobby, the latter asked Sison, “When will you sue me?”

Issue:

            Whether or not the publication of a complaint filed with the Securities and Exchange Commission before any judicial action is taken thereon is privileged as a report of a judicial proceeding

Held:

            Yes.

Ratio:

            Publication of a complaint, being a true and fair report of a judicial proceeding, made in good faith and without comments or remarks, is privileged and comes under Item 2 of Article 354.

Submitted by: G-one T. Paisones

Submitted to: Atty. Cisco Franz S. Maclang