G.R. No. 6541 , September 12, 1911
GASPAR ZURBITO, plaintiff-appellant, vs. PATROCINIO BAYOT, defendant-appellee.

FACTS

On February 19, 1908, Gaspar Zurbito filed a complaint in the Court of First Instance of Masbate, seeking ₱5,000 in damages for alleged libelous statements made by Patrocinio Bayot, the administratrix of the estate of Francisco Maria Bayot. The statements were contained in a written objection filed by Bayot on August 7, 1907, with the commissioners appointed to evaluate claims against the estate, opposing a claim submitted by Zurbito. Zurbito alleged that the objection contained abusive, offensive, and insulting language that harmed his honor, virtue, and reputation. The defendant demurred to the complaint, arguing it failed to state a cause of action. The lower court sustained the demurrer on December 18, 1908, and after Zurbito refused to amend his complaint, dismissed the case on February 21, 1910, absolving Bayot of liability. Zurbito appealed.

ISSUE

Whether the written objection filed by the defendant with the estate commissioners constitutes a privileged communication under Section 9 of Act No. 277 (the Libel Law), thereby barring a libel suit based on its contents.

RULING

Yes, the communication is privileged. The Supreme Court affirmed the lower court’s dismissal of the complaint. The Court held that the commissioners appointed to evaluate claims against an estate function as a tribunal, and communications submitted to them in the course of their proceedings are privileged. As administratrix, Bayot had a right and duty to oppose claims she deemed invalid, even if her opposition incidentally reflected on the claimant’s character. The written objection, though containing harsh language, was a necessary part of the judicial process before the commissioners. Therefore, it falls within the scope of privileged communications under Section 9 of Act No. 277 , shielding it from a libel action. The judgment of the lower court was affirmed, with no costs awarded.