70_LOPEZ VS. CA Issue: WON the publication is in a defamatory character.

JULY 31, 1970

Ruling: YES.
TOPIC: Libel (Unprotected speech)
Ratio: For liability to arise then without offending press
DOCTRINE: No in roads on press freedom should be freedom, there is a test to meet: “The constitutional
allowed in the guise of punitive action visited on what guarantees require, we think, a federal rule that prohibits
otherwise could be characterized as libel whether in the a public official from recovering damages for a
form of printed words or a defamatory imputation defamatory falsehood relating to his official conduct
resulting from the publication.
unless he proves that the statement was made with
‘actual malice’------ that is, with knowledge that it was
Facts: Fidel Cruz, a sanitary inspector, assigned to the false or not. No in roads on press freedom should be
Babuyan Islands, sent distress signals to US airforce allowed in the guise of punitive action visited on what
planes which forwarded such message to Manila. The otherwise could be characterized as libel whether in the
Manila Chronicle made the information forwarded by
form of printed words or a defamatory imputation
Cruz as a headline. Using the two-way radio set, Cruz
reported to the authorities in Manila that the locals were resulting from the publication of repondent’s picture with
living in terror due to a series of killings committed on the the offensive picture as in the case here complained of.
islands since Christmas of 1955. Philippine defense This is not to deny that the party responsible invites the
forces were immediately deployed to Babuyan. Only to institution either of a criminal prosecution or a civil suit. It
find out that the report is a hoax. On January 29, 1956, must be admitted that what was done did such invite
‘This Week Magazine’ in the “January News Quiz” made such a dire consequence, considering the value the law
reference to Cruz as a “health inspector who suddenly
felt “lonely” in his isolated post, cooked up a story about a justly place on a man’s reputation.
murdered running loose on the island of Calayan so that
he could be ferried back to civilaztion” on which it called
him “hoax of the year. In both issues, photos of a Fidel
Cruz were published but both photos were a different
person of the same name. Apparently, one of the pictures
was Fidel G. Cruz, a former mayor, business man, and
contractor from Sta. Maria, Bulacan. Thus, he was
seeking for payment for damages because of the
defamatory character of the news.