G.R. No. L-45934; April 20, 1939
FORTUNATO DIAZ, petitioner, vs. THE PEOPLE OF THE PHILIPPINES, respondent.

FACTS

The petitioner, Fortunato Diaz, was convicted for violating Section 2649 of the Revised Administrative Code. During the 1934 elections, he distributed a poster containing a caricature and a list of charges (“The seven mortal sins”) against then-Governor Medina, a candidate for re-election. The poster was critical of Medina’s personal character and political actions. It did not bear the name of the author, only the words “The Poor” at the bottom.

ISSUE

Whether Section 2649 of the Revised Administrative Code penalizes the anonymous criticism of a candidate in a poster or circular, regardless of whether such criticism is libelous or defamatory.

RULING

Yes. The Supreme Court affirmed the conviction. Interpreting Section 2649, the Court held that the law punishes the anonymous character of the criticism itself, not the content’s defamatory nature. The legislative intent is to promote civic responsibility by requiring critics to identify themselves, allowing candidates to respond and preventing voters from being misled by unattributed attacks. The offense is complete when an anonymous poster or circular is distributed that tends to injure or defeat a candidate by criticizing his personal character or political action. The Court cited its precedent in People vs. Titular (49 Phil. 930) to support this interpretation.

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