CONSTITUTIONAL LAW II CASE DIGESTS | DEAN SEDFREYCANDELARIA | 1 E 2013-2014 1 Policarpio v. Manila Times GR No. L-16027, May 30, 1962 “Wag nga kayo OA” False and defamatory statements are not protected Summary: The Saturday Mirror published as their headline a news article reporting Policarpio had defrauded the local UNESCO National Commission on a large scale, where in truth and in fact, the issue is only about Php50.00, and there are many inaccuracies in the actual report. The Supreme Court said that this act of speech is not protected because of its defamatory nature. Ponente: Roberto Concepcion Facts: Atty. Lumen Policarpio, executive secretary of the local UNESCO National Commission pressed charges and caused the dismissal of one Herminia Reyes. Reyes, in a retaliatory measure, charged Policarpio through the Special Investigator of the Office of the President, with malversation of public funds and estafa thru falsification of public documents. The Saturday Mirror then published two news articles highlighting the charges on Policarpio The articles featured inconsistencies and inaccuracies, to wit: o The news article reports the charges were filed by the Presidential Complaint and Action Commission; the truth is Reyes filed the case o The news article reports of an investigation; there is none o The news article would seem to project that Policarpio did steal a large amount of money; truth is the amount involved is only Php54.00. Publishers allege that the inaccuracies are immaterial. Issue/s + Held : 1. WoN the articles are protected speech No. Ratio: Newspapers enjoy a certain degree of discretion in determining the manner in which a given event should be presented o However, to be immune, a publication containing defamatory remarks must be not only true, but, also, fair, and must be made in good faith and without any comments or remarks In prosecutions for defamatory remarks, every defamatory imputation is presumed to be malicious. o It is not necessary to establish malice behind the article itself. Apale | Ayson | Bajandi | Borja | Bunales | Castillo | Corona | Cuizon | Dagdag | Dahilig | De Guzman | De Mesa | Dela Cruz | Dimayacyac | Domingo | Encarnacion | Fojas | Garcia | Gervasio | Guballa | Hicban | Lecaroz | Ledesma | Lim | Lopez | Millan | Miranda | Molaer | Pacamarra | Rementina | Rivera | Rodriguez | Rubinos | Santos | So Chan | Sorongon | Tamondong | Tang | Torcuator | Velena | Von Arx | Ybiernas | Yogue CONSTITUTIONAL LAW II CASE DIGESTS | DEAN SEDFREY CANDELARIA | 1 E 2013-2014 o This is with the exception as with articles being fair and true. and presented in an objective manner Migz Apale | Ayson | Bajandi | Borja | Bunales | Castillo | Corona | Cuizon | Dagdag | Dahilig | De Guzman | De Mesa | Dela Cruz | Dimayacyac | Domingo | Encarnacion | Fojas | Garcia | Gervasio | Guballa | Hicban | Lecaroz | Ledesma | Lim | Lopez | Millan | Miranda | Molaer | Pacamarra | Rementina | Rivera | Rodriguez | Rubinos | Santos | So Chan | Sorongon | Tamondong | Tang | Torcuator | Velena | Von Arx | Ybiernas | Yogue 2 .