GR 164938; (August, 2005) (Digest)
G.R. No. 164938 . August 22, 2005.
VICTOR C. AGUSTIN, Petitioner, vs. HON. FERNANDO VIL PAMINTUAN, in his capacity as Presiding Judge of the Regional Trial Court of Baguio City, Branch 3; ANTHONY DE LEON and PEOPLE OF THE PHILIPPINES, Respondents.
FACTS
Petitioner Victor C. Agustin, a columnist, was charged with four counts of libel before the Regional Trial Court (RTC) of Baguio City. The Informations alleged that the libelous articles, published in the Philippine Daily Inquirer, defamed Anthony De Leon, the acting general manager of the Baguio Country Club, and a private citizen of good standing in the community. After pleading not guilty, Agustin moved to quash the Informations on the ground of lack of jurisdiction. He argued that the Informations failed to allege that De Leon was an actual resident of Baguio City or that the newspaper was printed and first published there, which are essential for venue in libel cases.
The RTC denied the motion, and the Court of Appeals (CA) affirmed the denial. The CA ruled that the allegation that De Leon was the acting general manager of the Baguio Country Club and a person of good standing in the community sufficiently implied his residence in Baguio City. The CA considered the defect, if any, to be merely formal and curable by amendment. Agustin elevated the case to the Supreme Court via a petition for review on certiorari.
ISSUE
Whether the RTC of Baguio City acquired jurisdiction over the libel cases despite the Informations’ lack of a specific allegation that the offended party, Anthony De Leon, was an actual resident of Baguio City at the time of the alleged publication.
RULING
The Supreme Court granted the petition and ordered the quashal of the Informations. The Court held that for libel, under Article 360 of the Revised Penal Code, the criminal action may be filed in the province or city where the libelous article was printed and first published, or where the offended party held office or actually resided at the time of the offense. Jurisdiction is determined by the allegations in the Information. The Informations in this case only stated that De Leon was the acting general manager of the Baguio Country Club and a private citizen of good standing in the community. The Court ruled that these allegations do not constitute an averment of actual residence. A person’s place of business or employment is not equivalent to his domicile or residence for venue purposes. Residence requires actual bodily presence with an intention to abide in that place permanently or for an indefinite time, which was not alleged.
The defect was not merely formal but substantial, as it deprived the RTC of jurisdiction from the inception. The Information’s reference to “the community” was ambiguous and could not, by necessary implication, be construed to mean Baguio City. Since jurisdiction was not validly acquired, amendment to cure the jurisdictional defect was not permissible. Consequently, the RTC had no authority to proceed with the case.