GR L 13173; (March, 1918) (Digest)
G.R. No. and Date: G.R. No. L-13173; March 11, 1918
Case Title: THE UNITED STATES, plaintiff-appellee, vs. DANIEL O’CONNELL, defendant-appellant.
FACTS:
The defendant, Daniel O’Connell, was the editor and general manager of “O’Connell’s The Philippine Weekly.” In its December 23, 1916 issue, he published an article concerning Florence Ann MacLeod Harper and Donald C. Thompson, who were war correspondents for Leslie’s Illustrated Weekly Newspaper bound for Vladivostock. The article described them as “a couple of comedians,” “a couple of bunko artists,” and “a couple of affinities out for a good time,” and characterized their statements as “Lies, pure and simple.” It questioned their credentials and implied their journey to Manila instead of directly to Vladivostock was suspicious. An information for libel was filed against O’Connell in the Court of First Instance of Manila. He was convicted and sentenced to pay a fine. On appeal, he contended the information was defective for lacking a colloquium and innuendo, and argued the article did not constitute libel, claiming it was primarily a criticism of Manila newspapers and that he had no malicious intent.
ISSUE:
Whether the article published by the defendant constitutes libel.
RULING:
Yes, the article constitutes libel. The Supreme Court held that the information, while lacking a formal colloquium and innuendo, was sufficient as the libelous character of the words could be determined from the publication itself. The Court examined the article in its entirety and in the plain, popular sense as understood by the average reader. It found that the language, including terms like “comedians,” “bunko artists,” and “affinities,” together with the insinuation that the correspondents’ claims were lies, was calculated to impeach their honesty, virtue, and reputation. The article ridiculed the complainants, cast doubt on their veracity, and implied they were living in an illicit manner, thereby exposing them to public hatred, contempt, and ridicule. The defendant failed to prove the truth of his statements or establish good or justifiable motives; thus, malice was presumed under the Libel Law. The conviction was affirmed, but the penalty was modified by increasing the fine to five hundred pesos (P500).
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