G.R. No. 233577, December 05, 2022
LEO A. LASTIMOSA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioner Leo A. Lastimosa, a tri-media practitioner, was charged with libel for writing and publishing a Cebuano-language column titled “Si Doling Kawatan” (Doling the thief) in the June 29, 2007 issue of The Freeman newspaper. The Information alleged the article was written with malicious intent to impeach the virtue, honesty, and reputation of then Cebu Governor Gwendolyn F. Garcia, exposing her to public contempt. The article narrated the story of “Doling,” a fishmonger who suddenly acquired wealth and property, won as Barangay Captain, and was described as abrasive, cruel, and who allegedly admitted to being a thief. During pre-trial, the parties stipulated, among others, that Lastimosa wrote the article, Garcia was the incumbent Governor at the time and had never been a fishmonger or a Barangay Captain. The prosecution presented witnesses to prove that a reader would identify “Doling” as Garcia, citing Lastimosa’s history of critical articles about her. Lastimosa defended that the article was a work of fiction and that “Doling” did not refer to Garcia. The Regional Trial Court convicted Lastimosa of libel, which the Court of Appeals affirmed but reduced the moral damages.

ISSUE

Whether the prosecution proved beyond reasonable doubt all the elements of libel, particularly the element that the defamatory imputation referred to an ascertained or ascertainable person—specifically, that “Doling” in the article was identifiable as Governor Gwendolyn F. Garcia.

RULING

The Supreme Court GRANTED the Petition, REVERSED and SET ASIDE the Decision and Resolution of the Court of Appeals, and ACQUITTED petitioner Leo A. Lastimosa. The Court held that the prosecution failed to prove the element of identifiability beyond reasonable doubt. For libel to prosper, the defamatory words must refer to an ascertained or ascertainable person. The evidence presented—testimonies of a single reader’s belief, a classroom survey, and Lastimosa’s previous critical articles about Garcia—was insufficient to establish that a reasonable reader would understand “Doling” to be Garcia. The article described a fishmonger and former Barangay Captain, factual circumstances explicitly stipulated as not applicable to Garcia. The previous writings were extrinsic and did not logically lead to the conclusion that the fictional “Doling” in this specific article was Garcia. Given the reasonable doubt on this essential element, Lastimosa’s acquittal was warranted.