G.R. No. 17633; March 14, 1922
CLARA W. GILMER, plaintiff-appellant, vs. L. HILLIARD, defendant-appellee.

FACTS

Clara W. Gilmer, a U.S. citizen and public school teacher in Albay, filed a libel suit against L. Hilliard, a Philippine Constabulary officer. She alleged that Hilliard’s false and malicious communications caused her dismissal from service. Hilliard admitted writing the communications but claimed they were made in good faith, in the performance of his official duty, to protect U.S. Government interests, and were privileged. The communications were reports to his superior officers, based on an investigation ordered by higher authorities, alleging Gilmer was pro-German, made seditious remarks, and hindered Red Cross and Liberty Bond work. The trial court ruled in favor of Hilliard.

ISSUE

Whether Hilliard’s communications are privileged and thus exempt from libel under Section 9 of Act No. 277.

RULING

Yes, the communications are privileged. Section 9 of Act No. 277 provides that a private communication made in good faith, in the performance of any duty, solely to protect the interests of the person making it or the recipient, is privileged. Hilliard’s reports were written in the discharge of his official duties, pursuant to an ordered investigation, during a time of intense wartime sentiment. There was no evidence of malicious motive. The Court affirmed the judgment absolving Hilliard, noting Gilmer appeared to be a victim of circumstances, as the evidence did not sustain the disloyalty charges.