G.R. No. L-927, November 8, 1902
THE UNITED STATES, complainant-appellee, vs. JAIME UBIÑANA, defendant-appellant.

FACTS:
The defendant-appellant, Jaime Ubiñana, was prosecuted for libel under Act No. 277 of the United States Philippine Commission. The alleged libel was contained in a letter written by Ubiñana in the course of an illicit correspondence with the wife of the private prosecutor. The defendant sent the letter to the woman, she read it, and it was later discovered in her possession by her husband. The defense did not seriously contest the defamatory nature of the letter’s language but argued that its “private, confidential, and secret” character rebutted the presumption of malicious publication. The defense also raised procedural assignments of error, claiming the trial court prevented the defendant from testifying and improperly allowed the wife to testify without spousal consent.

ISSUE:
Whether the private and confidential nature of the defamatory letter is sufficient to rebut the statutory presumption of malice in a libel prosecution.

RULING:
No. The Supreme Court affirmed the judgment of conviction. The Court held that the statutory presumption of malice under Section 3 of Act No. 277 arises from an injurious publication unless a justifiable motive is shown. The Court found that the letter, being a solicitation to commit adultery, could not have been published with a justifiable motive; thus, the presumption of malice stood unrebutted. Furthermore, the publication requirement under Section 5 of the Act was satisfied as the defendant knowingly parted with the custody of the libel under circumstances that exposed it to be read by another person (the wife, who was a person other than the defendant). The Court also found the procedural assignments of error to be without merit, noting the record showed the defendant was permitted to testify and the wife’s testimony was properly received. The penalty was affirmed with instructions on subsidiary imprisonment.