MANILA, Philippines - The Court of Appeals (CA), in a decision promulgated last Aug. 14, reversed the judgment of conviction for libel of Cavite provincial prosecutor Emmanuel Velasco.
Velasco was earlier found guilty of libel committed against Judge Adoracion Angeles, then incumbent judge of the regional trial court of Caloocan City, by the Manila RTC.
The case arose from a comment of Velasco during a TV interview imputing case-fixing in the dismissal by the Department of Justice of the charge against Angeles for child abuse.
The CA, aside from finding that the videotape of the TV interview was not properly authenticated as required by the new Rules on Electronic Evidence, held that the alleged libel was not made with “actual malice” – i.e., with knowledge that it was false or with reckless disregard as to the truth or falsity thereof.
Although the CA found that the imputation of case-fixing was not defamatory, it held that even if the defamatory statement is false, no liability can attach if it relates to official conduct unless the public official concerned proves that the statement was made with actual malice.
When confronted with cases involving public officials, the CA went on to say that courts will also judiciously examine the case under the constitutionally guaranteed freedoms.
The CA decision was penned by Justice Stephen Cruz. Velasco was represented by lawyer Rogelio Vinluan of the Accralaw Offices.