Plan de contingencia para el manejo de residuos en caso de emergencias climáticas: implementación de Protocolo de

Held and Ratio:

1.. NNoo 

 PrPrivivililegeged commed commununicicatatioion n may eitmay eitheher r be absobe absolulutetelyly privileged or conditionally

privileged or conditionally privileged. A communicationprivileged. A communication is

is sasaid id to to be be ababsosolulutetely ly prprivivililegeged ed whwhen en it it is is nonott actionable, even if its author has acted in bad faith. actionable, even if its author has acted in bad faith.

Gododofrefredo do apappepearars s to to be be acactuatuateted d by by mamalilice ce inin se

sendndining g ththe e lelettetter r by by way way of of rerevevengnge e to to JeJesusus's' mother's filing of a civil action against Godofredo’s mother's filing of a civil action against Godofredo’s wife for the recovery of a parcel of land

wife for the recovery of a parcel of land 

 AlsAlso, he so, he shouhould hld have nave nameamed the d the two otwo othether empr employloyeesees involved in the alleged racket and not just Jesus only involved in the alleged racket and not just Jesus only 3

3.. NNoo 

 DeDefefendndanant t coconvnveyeyed the ed the imimprpresessision thaon that t he hadhe had evi

evidendence ce to to subsubstastantintiate ate the the chachargerges s madmade e in in thethe letter

letter 

 TTo escapo escape crimie criminal renal resposponsinsibilbility for liity for libel or slabel or slandenderr, it, it is not enough for the party who writes a defamatory is not enough for the party who writes a defamatory communication to another to say that what he (the communication to another to say that what he (the writer) expresses is no more than his opinion or belief. writer) expresses is no more than his opinion or belief. The communication must be made in the performance The communication must be made in the performance of a "legal, moral, or social duty." Godofredo has no of a "legal, moral, or social duty." Godofredo has no su

such ch duduty ty to to coconvnvey ey hihis s opopininioion n or or bebelilief ef ababououtt complainant's moral fiber to the Director of Printing or complainant's moral fiber to the Director of Printing or the Secretary of

the Secretary of GenerGeneral Services. Moreoveral Services. Moreover, , he hashe has no reasonable ground to have the court believe that no reasonable ground to have the court believe that Je

Jesusus s is is onone e of of ththosose e ununfifit t memembmberers s of of ththee government.

government. Godofredo has Godofredo has no legal no legal right, much leright, much lessss duty, to gossip, or foster the circulation of rumors, or duty, to gossip, or foster the circulation of rumors, or jump

jump at at conclusions, conclusions, and and more more so so if if they they areare gratuitous or groundless. Otherwise, the freedom of gratuitous or groundless. Otherwise, the freedom of sp

speeeechch, , wwhihich ch is is guguararananteteed ed wwitith h a a viview ew toto str

strenengtgthehenining ng ouour r dedemocmocraratitic c ininstistituttutioions ns anandd promoting the general welfare, would be a convenient promoting the general welfare, would be a convenient exc

excuse use for the for the harharrasrassmensment t of of ofofficeficers rs or or peopeopleple con

concercernedned, , to to the the detdetrimeriment nt of of pubpublic lic serservicvice e andand public order.

public order. 4

4.. YYeess 

 He shoHe shoululd d hahave knove known thawn that t HoHolglgadado'o's s teteststimimononyy would have been the best proof. His failure, not only would have been the best proof. His failure, not only to introduce said testimony, but also, to explain why to introduce said testimony, but also, to explain why he did not do so, necessarily weakened his defense. he did not do so, necessarily weakened his defense. 5

5.. YYeess 

 DefDefendendant hant had, lad, likewikewiseise, sen, sent a copt a copy to thy to the Sece Secretaretaryry of

of GenGeneraeral l SerServicvices. es. MorMoreoveoverer, , conconsidsideriering ng thathatt Godofredo had explicitly asked an investigation, it is Godofredo had explicitly asked an investigation, it is obvious that the reading of the letter by other persons obvious that the reading of the letter by other persons ot

otheher r ththan an ththe e to to whwhom om ththe e leletttter er is is ororigigininalallyly add

addresressed sed was was prepreciscisely ely whawhat t the the defdefendendant ant hadhad env

Cancel Anytime.

| Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014| Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014

hal

half-trf-truthuths, s, or or of of slaslantented d or or disdistortorted ted verversiosions ns of of facfacts ts or or accusations which he made no bona fide effort previously to accusations which he made no bona fide effort previously to verify, and which he does not or disdains to prove, cannot be verify, and which he does not or disdains to prove, cannot be justified as

justified as a legitimate a legitimate exercise of exercise of the freedom the freedom of speech of speech andand of the press guaranteed by the Constitution and cannot be of the press guaranteed by the Constitution and cannot be d

deeeememed d an an acactitivivity ty shshieielldeded d frfroom m sasancnctition on by by ththatat constitutional guaranty;

constitutional guaranty;

(2) that such utterance or publication is also violative of "The (2) that such utterance or publication is also violative of "The Ph

Phililipippipine ne JouJournrnalalisist't's s CoCode de of of EtEthihicscs" " whwhicich,h,intinter er alialia,a,

commands the journalist to "scrupulously report and interpret commands the journalist to "scrupulously report and interpret the news, taking care not to suppress essential facts nor to the news, taking care not to suppress essential facts nor to distort the truth by improper omission or emphasis," and makes distort the truth by improper omission or emphasis," and makes it his duty "to air the other side and to correct substantive it his duty "to air the other side and to correct substantive errors promptly;"

errors promptly;"

(3) that such an utterance or publication, when it is offensive to (3) that such an utterance or publication, when it is offensive to the dignity and reputation of a Court or of the judge presiding the dignity and reputation of a Court or of the judge presiding over it or degrades or tends to place the courts in disrepute over it or degrades or tends to place the courts in disrepute and

and disdisgragrace ce or or othotherwerwise ise to to debdebase ase the the admadminiinistrastratiotion n of of justice, constitutes contempt of court

justice, constitutes contempt of court and is punishable as suchand is punishable as such after due proceedings; and

after due proceedings; and (4)

(4) thathat t prepresciscindinding ng frofrom m the the obvobviouious s propropospositiition on thathat t anyany aggrieved party may file a complaint to declare the utterer or aggrieved party may file a complaint to declare the utterer or wri

writer ter in in concontemptempt, t, the the iniinitiatiatiotion n of of appappropropriariate te concontemptemptt pro

proceeceedindings gs agaagainsinst t the latter by the latter by the court is the court is not only not only itsits prerogative but indeed its duty, imposed by the overmastering prerogative but indeed its duty, imposed by the overmastering need to preserve and protect its authority and the integrity, need to preserve and protect its authority and the integrity, independence and dignity of the nation's judicial system. independence and dignity of the nation's judicial system.

FACTS:

  EmEmililiaiano Pno P. . JuJurarado is a do is a jojoururnanalilist whst who o wrwritites in aes in a ne newswspapapeper r of of gegeneneraral l cicircurculalatitionon, , ththe e “M“Mananililaa Sta

Standandard.rd.” ” His His colcolumn umn is is entientitletled d “Op“Opiniinion”on” _he_he

descri

describes himself as bes himself as a a columncolumnist who ist who “incid“incidentalentallyly ha

happpepens ns to to be be a a lalawywyerer,” ,” iinsnsisistiting ng ththat at hihiss

Seveven” n” ggroroupup. . ““WhWhen en lalawywyerers s spspeaeak k of of ththee Magnificent Seven one has to make sure which group Magnificent Seven one has to make sure which group they are

they are referrireferring to. ng to. MakatiMakati’s Magnificen’s Magnificent t Seven areSeven are a bunch of Makati RTC judges who fix drug-related a bunch of Makati RTC judges who fix drug-related cases. The Magnificent Seven in the SC consists of a cases. The Magnificent Seven in the SC consists of a group of justices who vote as one.

group of justices who vote as one. 3.

3. Oct 2Oct 21, 191, 1992: h92: he dube dubbed abed anothnother grer group oup as thas the “Die “Dirtyrty Dozen”

Dozen” _{“These judges, I am told, are not satisfied}_{“These judges, I am told, are not satisfied}

with accepting bribes; they actually sell their decisions with accepting bribes; they actually sell their decisions to

to the litigthe litigantants s thathat t offoffer er the largethe larger r bribribe. Each be. Each of of th

these ese jujudgdges es rerepoportertedly dly hahas s gogo-b-betwetweeeens ns whwhoo approach the litigants and solicit their bids for what is approach the litigants and solicit their bids for what is cl

cleaearlrly y an an auauctctioion n for for ththe e jujudgdge’e’s s dedecicisisionon.”.” 

According to

According to him, the him, the Dirty Dozen is Dirty Dozen is the most the most corrupt.corrupt. Mul

Multi-ti-natnationionals als and and finfinancancing ing insinstitutitutiotions ns expexpliclicitlyitly st

stipipululatate e in in ththeieir r agagrereememenents ts ththat at lilititigagatition on inin connection with their contracts may be held anywhere connection with their contracts may be held anywhere in Metro Manila except in Makati; and lawyers confirm in Metro Manila except in Makati; and lawyers confirm that Makati judges are the most corrupt.

that Makati judges are the most corrupt. 4

4.. NNoov v 99, , 1199992 2 ccoolluumnmn: : hhe e wwrorote te aabboouut t a a ffoorrmmeer r appellate justice who holds office at a restaurant near appellate justice who holds office at a restaurant near the CA building and is known as the contact man of the CA building and is known as the contact man of five CA divisions.

five CA divisions._{Jan 29, 1993 column: he referred}_{Jan 29, 1993 column: he referred}

to the same CA justice as being “known for fixing to the same CA justice as being “known for fixing cases for 5 CA divisions for a fee. And if the price is cases for 5 CA divisions for a fee. And if the price is right, the lawyer of the litigant paying can even write right, the lawyer of the litigant paying can even write his own decision using a CA justice as a ponente. his own decision using a CA justice as a ponente. Thi

This s ex-ex-jusjustictice e holholds ds coucourt rt at at the mezzanthe mezzanine of ine of aa res

restautauranrant t ownowned ed by the by the wiwife fe of a of a forformer Marcosmer Marcos cabinet member, and which has become a meeting cabinet member, and which has become a meeting pla

place ce for for judjudgesges, , CA CA jusjustictices, es, prapracticcticing ing lawlawyeryers,s, pro

prosecsecutoutors rs and even and even SC SC jusjusticetices. s. The former CAThe former CA justice also has his own Chinese contact.

justice also has his own Chinese contact. 5.