Crim II 1

Crimes Against Honor - Libel

Soriano V. IAC
NOV 9, 1988 | J. GUTIERREZ, JR

Petitioner: MARCELO SORIANO

Respondent: INTERMEDIATE APPELATE COURT, HON. AUXENCIO DACUYCUY, and HON.
FRANCISCO TANTUICO, JR.

Doctrine: Art 360 of the RPC holds Publishers responsible, as if they were the author, for the defamation
in the articles they published.

FACTS
• An information for libel was filed against petitioner Marcelo Soriano and six (6) because of press
releases and articles imputing to Francisco S. Tantuico, Jr. ,the then Chairman of the Commission on
Audit (COA), the tampering by COA personnel of election returns in the May 14, 1984 Batasan elections
at his residence in Tacloban City and in the COA Regional Office in Palo, Leyte.
• This election offense was allegedly committed at Tantuico's order to assure the victory of certain
candidates in the said Batasan elections.
• The petitioner filed a motion to quash the information on the ground of improper venue as the court has
no jurisdiction over the offense charged because under Art 360 of the RPC, the libel case should have
been filed at Quezon City where Tantuico holds office and publishes the "Guardian" .
• When the Trial court ruled that since the article was printed and first published in the City of Tacloban
the venue was proper, Tantuico once again raised the same issues in his petition for certiorari.
• The appellate court dismissed the petition in a decision dated September 12, 1985. It held that the
Regional Trial Court of Leyte had jurisdiction over the libel case. The appellate court also denied a motion
for reconsideration. Hence, this petition.

ISSUES + HELD
1. W/N the RTC of Leyte may try the libel case -
• Article 360 of the Revised Penal Code, as amended by Republic Act No. 1289 and Republic Act No.
4363 provides:
Xxx The criminal action and civil action for damages in cases of written defamations as provided for in this
chapter shall be filed simultaneously or separately with the court of first instance of the province or city
where the libelous article is printed and first published or where any of the offended parties actually resides
at the time of the commission on of the offense: Provided, however, That where one of the offended parties
is a public officer whose office is in the City of Manila at the time of the commission of the offense, the action
shall be filed in the Court of First Instance of the City of Manila or of the city, or province where the libelous
article is printed and first published, and in case such public officer does not hold office in the City of Manila,
the action shall be filed in the Court of First Instance of the province or city where he held office at the time
of the commission of the offense or where the libelous article is printed and first published and in case one
of the offended parties is a private individual, the action shad be filed in the Court of First Instance of the
province or city where he actually resides at the time of the commission of the offense or where the libelous
matter is printed and first published: ...
• In Agbayani v Sayo the court summarized this as:
1. Whether the offended party is a public official or a private person, the criminal action may be filed in the
Court of First Instance of the province or city where the libelous article is printed and first published.
2. If the offended party is a private individual, the criminal action may also be filed in the Court of First
Instance of the province where he actually resided at the time of the commission of the offense.
3. If the offended party is a public officer whose office is in Manila at the time of the commission of the
offense, the action may be filed in the Court of First Instance of Manila.
4. If the offended party is a public officer holding office outside of Manila, the action may be filed in the Court
of First Instance of the province or city where he held office at the time of the commission of the offense.
• The lower courts applied the rule that the jurisdiction of a court to try an offense is determined by the
allegations of the complaint or information; since the information states that the articles were first
published in Tacloban, they ruled that the RTC of Leyte had Jurisdiction
• However, we follow the “Multiple Publication Rule” which makes it so each and every publication of the
same libel constitutes a distinct offense (Montinola v. Montalvo). In relation to Art 360 this means every

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Crim II 2
Crimes Against Honor - Libel

time the same written matter is communicated such communication is considered a distinct and separate
publication of the libel.
• Since Petitioner was included as an accused due to his position as publisher of the “Guardian”; Art 360
of the RPC holds him responsible, as if he were the author, for the defamation in the articles he
published.
• Thus, as far as Soriano is concerned, his criminal liability, if any, allegedly stemmed from his publication
of an article captioned "IMPEACH TANTUICO CASE LOOMS" prepared in Tacloban by Villegas.
• The place of 1st publication must be construed as the place where he published said article in the
Guardian. Ergo, since the respondent COA Chairman held office in Quezon City and the offending
newspaper is published in Quezon City; through applying Art 360 of the RTC, the venue and jurisdiction
over subject criminal case for libel should be lodged not in Tacloban City but in Quezon City.
• The case should be filed with a Quezon City court instead of the Leyte RTC.

RULING: WHEREFORE the instant petition is hereby GRANTED. The Regional Trial Court of Leyte,
is DIRECTED TO DISMISS Criminal Case in so far its petitioner Marcelo Soriano is concerned.

DISSENTING / CONCURRING / SEPARATE OPINION

SUPERDIGEST ENTRY
Trigger Words: The Guardian got Sued, COA Election Return Tampering Scandal
Facts: Pet. Published allegedly libelous articles thus a case was filed in his defense he stated that the
court had no jurisdiction.
Doctrine: Art 360 of the RPC holds Publishers responsible, as if they were the author, for the defamation
in the articles they published.
Ruling: The RTC of Leyte, is DIRECTED TO DISMISS Criminal Case against Soriano
Relevant Provisions: Article 360 of the Revised Penal Code

Al | A2022
05-5-19