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This case brief summarizes the Supreme Court of the Philippines case Fermin vs. People. The case involved a libelous article published in Gossip Tabloid about Annabelle Rama. Both the publisher, Cristy Fermin, and the editor-in-chief, Bogs Tugas, were found guilty of libel by the trial court. The Court of Appeals affirmed Fermin's conviction but acquitted Tugas. The Supreme Court had to determine if both the publisher and editor could be found guilty based on the libelous article. The Supreme Court held that both the publisher and editor could be found guilty under legal precedent even without direct participation or knowledge of the libelous content, upholding Fer

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Michael Renz Palabay
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271 views3 pages

We

This case brief summarizes the Supreme Court of the Philippines case Fermin vs. People. The case involved a libelous article published in Gossip Tabloid about Annabelle Rama. Both the publisher, Cristy Fermin, and the editor-in-chief, Bogs Tugas, were found guilty of libel by the trial court. The Court of Appeals affirmed Fermin's conviction but acquitted Tugas. The Supreme Court had to determine if both the publisher and editor could be found guilty based on the libelous article. The Supreme Court held that both the publisher and editor could be found guilty under legal precedent even without direct participation or knowledge of the libelous content, upholding Fer

Uploaded by

Michael Renz Palabay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Case Brief: Fermin vs.

People
JUNE 18, 2019JEFF REY
G.R. No. 157643 March 28, 2008.
CRISTINELLI S. FERMIN, petitioner
vs.
PEOPLE OF THE PHILIPPINES, respondent
Facts:
Cristy Fermin is the publisher and Bogs Tugas is the
editor-in-chief of Gossip Tabloid. The June 14, 1995
headline and lead story of the tabloid says that it is
improbable for Annabelle Rama to go to the US should
it be true that she is evading her conviction in an estafa
case herein the Philippines for she and husband Eddie
have more problems/cases to confront there. This was
said to be due to them, especially Annabelle’s, using
fellow Filipinos’ money and failure to remit proceeds to
the manufacturing company of the cookware they were
selling.
On complaint of spouses, two (2) criminal information
for libel were filed against the accused before the RTC.
The RTC found petitioner and Tugas guilty of libel.
Aggrieved, petitioner and Tugas appealed to the CA
which affirmed the conviction of petitioner, but
acquitted Tugas on account of non-participation in the
publication of the libelous article.
Issue:
Whether or not both the publisher and the Editor-in-
chief are guilty of libel based on the libelous article
written by Fermin.
Held:
Yes.
In U.S. v. Taylor, which provides that: “Every author,
editor or proprietor of any book, newspaper, or
serial publication is chargeable with the publication
of any words contained in any part of said book or
number of each newspaper or serial as fully as if he
were the author of the same.” In People v. Topacio
and Santiago, reference was made to the Spanish text of
Article 360 of the Revised Penal Code which includes
the verb “publicar.” Thus, it was held that Article 360
includes not only the author or the person who
causes the libelous matter to be published, but also
the person who prints or publishes it.
Based on these cases, therefore, proof of knowledge of
and participation in the publication of the offending
article is not required, if the accused has been
specifically identified as “author, editor, or proprietor”
or “printer/publisher” of the publication, as petitioner
and Tugas are in this case. It is worthy to note that
petitioner was not only the “publisher,” as shown by the
editorial box of Gossip Tabloid but also its “president”
and “chairperson” as she herself admitted on the witness
stand. Obviously, petitioner had full control over the
publication of articles in the said tabloid. Her excuse
of lack of knowledge, consent, or participation in the
release of the libelous article fails to
persuade. Following SC’s ruling in Ocampo,
petitioner’s criminal guilt should be affirmed,
whether or not she had actual knowledge and
participation, having furnished the means of
carrying on the publication of the article purportedly
prepared by the members of the Gossip Reportorial
Team, who were employees under her control and
supervision.
In view of the foregoing disquisitions, the conviction of
Fermin for libel should be upheld. CA erred in
acquitting Tugas, he being the editor-in-chief. But the
SC cannot reinstate the ruling of the trial court
convicting Tugas because with his acquittal by the CA,
SC would run afoul of his constitutional right against
double jeopardy.
The Decision of the Court of Appeals is AFFIRMED
with MODIFICATIONS

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