GR L 2336; (March, 1906) (Digest)
G.R. No. L-2336
FACTS:
On January 19, 1904, defendant-appellant Leoncio Gonzalez Liquete, as the managing editor of the newspaper “La Democracia,” published an article addressed to plaintiff-appellee Joaquin Pellicena Camacho. Camacho, deeming the article libelous, filed an action for damages. The trial court ruled in favor of Camacho, awarding him $500 (U.S. currency). Liquete appealed, arguing that the trial court erred in denying his motion for a continuance due to his absence from the Philippines (as he was part of a commission to the St. Louis Exposition) and by asserting a counterclaim. His counterclaim alleged that Camacho had first libeled him in “El Noticiero” on January 18, 1904, which he claimed justified his subsequent publication.
ISSUE:
1. Whether the trial court erred in denying the defendant’s motion for a continuance based on his absence abroad.
2. Whether the defendant’s counterclaim, alleging a prior libel by the plaintiff, constitutes a valid defense or justification for publishing the libelous article.
RULING:
1. On the motion for continuance: The Supreme Court held that the trial court’s denial of the continuance was proper. The matter fell within the discretion of the trial court under Section 141 of the Code of Civil Procedure, and such a ruling was not subject to exception.
2. On the defense of prior libel: The Supreme Court ruled that the publication of a prior libel by the plaintiff is not a legal justification for the defendant to publish another libel. The existence of a prior libel does not excuse or justify a retaliatory defamatory publication. Furthermore, there was no evidence presented that Liquete was the person referred to in Camacho’s earlier article.
The Court found the published article to be clearly libelous. However, it modified the amount of damages awarded. Following precedent (Loyzaga vs. Cavanna), the Supreme Court reduced the damages from $500 (U.S. currency) to P250 (Philippine pesos). The judgment of the lower court was affirmed with this modification. No costs were awarded.