Tuesday, March 3, 2020

People vs Judge Orcullo 111 SCRA 609 [Case Digest]

67 - Slander
People vs Judge Orcullo
111 SCRA 609 [Case Digest]

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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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