G.R. No. 167764 ; October 9, 2009
VICENTE FOZ, JR. and DANNY G. FAJARDO, Petitioners, vs. PEOPLE OF THE PHILIPPINES, Respondent.

FACTS

Petitioners Vicente Foz, Jr., a columnist, and Danny G. Fajardo, the editor-publisher of Panay News, were charged with libel before the Regional Trial Court (RTC) of Iloilo City. The Information alleged that on July 5, 1994, they published an article titled “MEET DR. PORTIGO, COMPANY PHYSICIAN,” which portrayed Dr. Edgar Portigo as lacking professional integrity. The article detailed the case of a patient, Lita Payunan, who allegedly suffered due to Dr. Portigo’s wrong diagnosis and treatment, implying he prioritized profit over patient care. The petitioners pleaded not guilty. After trial, the RTC found them guilty beyond reasonable doubt of libel, a decision affirmed by the Court of Appeals.

ISSUE

Whether the RTC of Iloilo City had jurisdiction to try the libel case.

RULING

The Supreme Court GRANTED the petition and SET ASIDE the lower courts’ decisions for lack of jurisdiction. The Court emphasized that jurisdiction in criminal cases is determined by the allegations in the Information. For libel under Article 360 of the Revised Penal Code, the criminal action must be filed in the province or city where the libelous article was printed and first published, or where the offended party held office or resided at the time of the offense. The Information in this case only alleged that the article was published in Iloilo City with considerable circulation in the region. Crucially, it failed to allege where the offended party, Dr. Portigo, actually resided at the time of publication. The Court ruled that mere allegations of where a person practices his profession or transacts business are insufficient to establish residence for venue purposes. Since the Information was defective for not properly alleging the venue requirements, the RTC of Iloilo City never acquired jurisdiction over the case. The dismissal is without prejudice to refiling in the proper court.