CONSTITUTIONAL LAW II CASE DIGESTS | DEAN SEDFREY

CANDELARIA | 1 E 2013-2014

Policarpio v. Manila Times

GR No. L-16027, May 30, 1962
Wag nga kayo OA
False and defamatory statements are not protected
Summary:
The Saturday Mirror published as their headline a news article reporting Policarpio had defrauded the
local UNESCO National Commission on a large scale, where in truth and in fact, the issue is only
about Php50.00, and there are many inaccuracies in the actual report. The Supreme Court said that
this act of speech is not protected because of its defamatory nature.
Ponente: Roberto Concepcion
Facts:
Atty. Lumen Policarpio, executive secretary of the local UNESCO National Commission
pressed charges and caused the dismissal of one Herminia Reyes.
Reyes, in a retaliatory measure, charged Policarpio through the Special Investigator of the
Office of the President, with malversation of public funds and estafa thru falsification of public
documents.
The Saturday Mirror then published two news articles highlighting the charges on Policarpio
The articles featured inconsistencies and inaccuracies, to wit:
o The news article reports the charges were filed by the Presidential Complaint and
Action Commission; the truth is Reyes filed the case
o The news article reports of an investigation; there is none
o The news article would seem to project that Policarpio did steal a large amount of
money; truth is the amount involved is only Php54.00.
Publishers allege that the inaccuracies are immaterial.
Issue/s + Held :
1. WoN the articles are protected speech No.
Ratio:
Newspapers enjoy a certain degree of discretion in determining the manner in which a
given event should be presented
o However, to be immune, a publication containing defamatory remarks must be not only
true, but, also, fair, and must be made in good faith and without any comments or
remarks
In prosecutions for defamatory remarks, every defamatory imputation is presumed to be
malicious.
o It is not necessary to establish malice behind the article itself.
Apale | Ayson | Bajandi | Borja | Bunales | Castillo | Corona | Cuizon | Dagdag | Dahilig | De
Guzman | De Mesa | Dela Cruz | Dimayacyac | Domingo | Encarnacion | Fojas | Garcia | Gervasio |
Guballa | Hicban | Lecaroz | Ledesma | Lim | Lopez | Millan | Miranda | Molaer | Pacamarra |
Rementina | Rivera | Rodriguez | Rubinos | Santos | So Chan | Sorongon | Tamondong | Tang |
Torcuator | Velena | Von Arx | Ybiernas | Yogue

CONSTITUTIONAL LAW II CASE DIGESTS | DEAN SEDFREY

CANDELARIA | 1 E 2013-2014
o

This is with the exception as with articles being fair and true, and presented in an
objective manner

Migz

Apale | Ayson | Bajandi | Borja | Bunales | Castillo | Corona | Cuizon | Dagdag | Dahilig | De
Guzman | De Mesa | Dela Cruz | Dimayacyac | Domingo | Encarnacion | Fojas | Garcia | Gervasio |
Guballa | Hicban | Lecaroz | Ledesma | Lim | Lopez | Millan | Miranda | Molaer | Pacamarra |
Rementina | Rivera | Rodriguez | Rubinos | Santos | So Chan | Sorongon | Tamondong | Tang |
Torcuator | Velena | Von Arx | Ybiernas | Yogue