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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 75, MANDALUYONG CITY

PEOPLE OF THE PHILIPPINES, Criminal Case No: CRM-NO 0987


Plaintiff, For: Violation of Art. 355 (Libel by
means Of writings or similar means),
in relation to Art. 353 (Definition of
Libel) and Art. 360 (Persons
responsible), of The Revised Penal
Code (Act No. 3815).
-versus-

RODOLFO B. JAVELLANA, JR
JING VILLAMENTE, DANTE FRANCIS M. ANG,
RENE Q. BAS, AND BETING LAYGO DOLOR,
Accused,

X—————————————X

DECISION

Accused Rodolfo Javellana was charged with Libel defined and penalized
under Article 353 of the Revised Penal Code. The pertinent portion of the
Information reads:

On or about 17 December 2013, in Mandaluyong City, within the jurisdiction


of this, the accused, being then the author/originator of the defamatory statement of
the News article in the Manila Times Newspaper, which is a news of general
circulation in the Philippines, did then and there, voluntarily, unlawfully,
feloniously, and with the person of Randolpha Estrellado in words.

When arraigned on December 23, 2018, accused Javellana, assisted by the


Public Defender, entered a plea of “Not Guilty” on the charge against him.
Thereafter, the prosecution and defense presented its witness.

On February 14, 2019 the prosecution and defense formally offered the
following Documents:
1.Complaint Affidavit of RANDOLPHA ESTRELLADO;
2. Judicial Affidavit of RODOLFO B. JAVELLANA, JR;
3. Judicial Affidavit of JING VILLAMENTE.

The Court in an order, admitted all the exhibits as part of the testimonies of
the prosecution and defense witnesses.

Accused Javellana was charged of Libel under article 355 of the revised penal
code provides:

“Art. 355. Libel means by writings or similar means. — A libel committed by means
of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any similar means, shall be punished by
prision correccional in its minimum and medium periods or a fine ranging from 200
to 6,000 pesos, or both, in addition to the civil action which may be brought by the
offended party.”

WHEREFORE, for failure of the prosecution to prove the guilt of the


accused beyond reasonable doubt, accused RODOLFO B. JAVELLANA, JR
JING VILLAMENTE, DANTE FRANCIS M. ANG, RENE Q. BAS, AND
BETING LAYGO DOLOR are hereby ACQUITTED of the crime charged.

So ordered.

_______________________
RTC BRANCH 75 JUDGE
MANDALUYONG CITY

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