G.R. No. L-8768; January 26, 1915
FLORENCIO VILLAVICENCIO, plaintiff-appellee, vs. TOMAS NONATO, ET AL., defendants-appellants.

FACTS:
Florencio Villavicencio, a resident and landowner of Miagao, Iloilo, was a former justice of the peace and a candidate for reappointment to that office. On or about April 30, 1912, the defendants, who were members of the municipal council of Miagao, passed a resolution containing statements published in the council’s minutes. The resolution declared that Villavicencio’s conduct was “immoral” and that he devoted himself to “the prosecution of unjust suits” to exploit inhabitants. Villavicencio filed a complaint for damages, alleging the statements were false, malicious, and intended to injure his reputation and candidacy. The trial court found in favor of Villavicencio, awarding him ₱1,000 in damages. The defendants appealed, claiming the publication was privileged as fair comment on a candidate’s fitness.

ISSUE:
Whether the defendants are liable for damages for the malicious publication of defamatory statements against the plaintiff.

RULING:
Yes. The Supreme Court affirmed the trial court’s judgment. The evidence established that the publication was inspired by express malice and personal animosity toward Villavicencio. The defendants failed to prove the truth of the charges or that they formed their opinion with reasonable care and grounds. While public acts and qualifications of candidates may be subject to fair comment, such privilege does not extend to malicious assaults on private character. The defendants’ statements, based on mere rumor and hearsay, were defamatory and not protected. The award of damages was upheld.