JEREMIAH C.

BANTIGUE

REPUBLIC OF THE PHILIPPINES

National Police Commission
PHILIPPINE NATIONAL POLICE
ILOILO PROVINCIAL POLICE OFFICE
Barotac Viejo Municipal Police Station
Barotac Viejo, Iloilo
-oOo-

GWENDOLYN CEJALVO y ROLANDO, NPS Docket No. VI-II-INV-172-01012

Complainant,

- versus -

FOR: LIBEL.

EDUARDO S. DICTA JR.,

Respondent,
x----------------------------------------------------x

RESOLUTION

This resolves the complaint against EDUARDO S. DICTA JR., of legal age,
married, a resident of Sitio Toll House Brgy. San Lucas Barotac Viejo Iloilo, for libel.

Complainant’s version

Complainant submitted the following evidence: 1) Affidavit of Gwendolyn R.

Cejalvo, District Head, LTO Barotac Viejo District Office; 2) Police Blotter; 3) Others

As may be culled from the foregoing evidence, the facts appear as follows:

On November 16, 2017, Eduardo Dicta Jr., to renew his Driver’s License which
was expired for more than two (2) years, took a written examination but failed by scoring
only 43, short of two (2) points to attain a passing mark of 45. Eduardo was informed of
such circumstances and quickly vanished from the premise of LTO office. On November
17, 2017, Eduardo, went to AKSYON RADYO, a radio station in Iloilo, informed that he
is from Dumangas, Iloilo and that Gwendolyn R. Cejalvo, the Officer in Charge of LTO
Barotac Viejo, Iloilo solicited from him an amount of one thousand one hundred pesos
(Php 1100.00) to reverse the flanking mark into passing one. Niel Gumban, a Radio
Commentator then asked Eduardo why he is doing this, the latter replied that he wants to
stop corruption in LTO. Eduardo also discloses that he failed the written examination. On
November 20, 2017, Niel Gumban called Gwendolyn, who was in a midst of two (2) day
seminar, informed her about the utterances made by Eduardo and to secure from
Gwendolyn her comments thereof. Gwendolyn neither confirm nor deny. When
Gwendolyn returned from her office from two (2) day seminar, went to the records to
find out those who failed the examination where she came across the name of Eduardo
Dicta Jr., of legal age and a resident of Sitio Tollhouse, Brgy. San Lucas Barotac Viejo,
Iloilo and called the latter. Gwendolyn asked Eduardo if the latter was the one who
uttered remarks on AKSYON RADYO, which Eduardo replied in affirmative. On
November 22, 2017 Eduardo went to the LTO office where Gwendolyn explained to the

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former that the amount of one thousand one hundred pesos (Php 1,100.00) was the cost of
the licensing computation fee as a matter of payment fees as evaluated by the evaluator,
such amount which has been round off is one thousand seventy-seven pesos and sixty-
three centavos (1,077.63) will be receipted then by the cashier at the end of the
transaction. Eduardo was advised to come to the LTO office the following day should he
still be interested to secure renewal of his Driver’s License, for the retake of his written
examination, of which Eduardo complied, but still flanked the same. On November 24,
2017, Eduardo arrived at the LTO office to retake another written examination where
Gwendolyn noticed that the former is rushing things up. When Eduardo was asked why
such a hurry, he answered “I want to eradicate corruption in this office”. On
November 27, 2017, Eduardo again went to the LTO office to retake written examination
but this time he passed the examination. Eduardo was advised to undergo test drive
examination, and was informed that when he passed, he would be issued a Professional
Driver’s License, yet be sued for libel as casting bad reputation to Gwendolyn and her
family and the entire Office of LTO. Due to the remarks made by Eduardo in the Office
of LTO and in AKSYON RADYO, the herein private complainant suffered sleepless
nights, anxiety, stress and has no peace of mind, which runs counter to the provisions of
RA 9710 (Magna Carta for Women) that women in distress must be protected.

Thus, this instant complaint.

Discussion and findings

Under Article 353 of the Revised Penal Code of the Philippines, libel is defined as
a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status or circumstance tending to discredit or cause the
dishonor or contempt of a natural or juridical person, or to blacken the memory of one who
is dead. Thus, the elements of libel are: (a) imputation of a discreditable act or condition to
another; (b) publication of the imputation; (c) identity of the person defamed; and, (d)
existence of malice.

Under Article 355 of the Revised Penal Code, libel may be committed by
means of writing, printing, lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or any similar means.

In libel cases, the question is not what the writer of an alleged libel means, but what
the words used by him mean.

It should be noted that EDUARDO DICTA JR. made a remark on AKSYON

RADYO that GWENDOLYN CEJALVO solicited him the amount of one thousand one
hundred pesos (Php 1,100.00) for the purpose of reversing the result of the written
examination, which maliciously imputes a crime to GWENDOLYN CEJALVO and caused
dishonor to the person of the latter and to the Office of LTO.

An allegation is considered defamatory if it ascribes to a person the

commission of a crime, the possession of a vice or defect, real or imaginary, or any
act, omission, condition, status or circumstances which tends to dishonor or
discredit or put him in contempt, or which tends to blacken the memory of one who
is dead.

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 There is publication if the material is communicated to a third person. It is
not required that the person defamed has read or heard about the libelous remark.
What is material is that a third person has read or heard the libelous statement, for
“a man’s reputation is the estimate in which others hold him in, not the good opinion
which he has of himself.” [Alonzo v. Court of Appeals, 241 SCRA 51 (1995)]

On the other hand, to satisfy the element of identifiability, it must be shown

that at least a third person or a stranger was able to identify him as the object of the
defamatory statement. In the case of Corpus vs. Cuaderno, Sr. (16 SCRA 807) the
Supreme Court ruled that “in order to maintain a libel suit, it is essential that the
victim be identifiable (People vs. Monton, L-16772, November 30, 1962),
although it is not necessary that he be named (19 A.L.R. 116).” In an earlier case,
the high court also declared that” … defamatory matter which does not reveal the
identity of the person upon whom the imputation is cast, affords no ground of action
unless it be shown that the readers of the libel could have identified the personality
of the individual defamed.” (Kunkle vs. Cablenews-American and Lyons 42
Phil. 760).

In this case, GWENDOLYN CEJALVO was named by EDUARDO DICTA JR. in

his remark at AKSYON RADIO. In fact, NIEL GUMBAN, a Radio Commentator called
Gwendolyn to secure her comments. It is evident that the element of identifiability is
present in this case.

The law also presumes that malice is present in every defamatory

imputation. Thus, Article 354 of the Revised Penal Code provides that:

“Every defamatory imputation is presumed to be malicious, even if it be true, if no

good intention and justifiable motive for making it is shown, except in the following
cases:

1. A private communication made by any person to another in the performance of

any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of
any judicial, legislative or other official proceedings which are not of confidential
nature, or of any statement, report or speech delivered in said proceedings, or of
any other act performed by public officers in the exercise of their functions.”

Conclusion

Wherefore, in view of the foregoing, the undersigned finds probable cause that the
crime of libel was committed and the respondents are probably guilty thereof. Accordingly,
it is respectfully recommended that the corresponding criminal Information be filed.

Respectfully submitted.

28 May 2018, Iloilo City, Philippines

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 RONILO L. PAMONAG
Prosecutor I
Office of the Provincial Prosecutor-
Iloilo

APPROVED:

MA. ELENA HOFILEÑA-GEROCHI

Provincial Prosecutor
Iloilo Provincial Prosecution’s Office
IBP No. 491804 (Lifetime)/Roll No. 40492
MCLE Compliance No. VI- 0000341

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 REPUBLIC OF THE PHILIPPINES
6th Judicial Region
REGIONAL TRIAL COURT
Branch ____
_______, Iloilo
-oOo-

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO.

- versus - FOR: LIBEL.

EDUARDO DICTA JR.

Accused.

x----------------------------------------------------x

INFORMATION

The Provincial Prosecutor of Iloilo, through the undersigned accuse

EDUARDO DICTA JR., of legal age married, a resident of Sitio Toll House Brgy.
San Lucas Barotac Viejo Iloilo, of Murder, committed as follows:

That on November 17, 2017, in the Municipality of Barotac Viejo, Province

of Iloilo, Philippines, and within the jurisdiction of this honorable Court, the said
accused, maliciously, unlawfully and publicly imputing a crime of corruption
against the person of GWENDOLYN CEJALVO, Officer in Charge of LTO Barotac
Viejo, Iloilo. The accused maliciously made a remark on AKSYON RADYO against
GWENDOLYN CEJALVO, alleging that the latter solicited the amount of one
thousand one hundred pesos (Php 1,100.00) to the herein accused in exchange of
reversing the result of the written examination for the renewal of Driver’s
License, thus performing all the acts of execution which would produce the
crime of libel as a consequence.

CONTRARY TO LAW.

28 May 2018, Iloilo City, Philippines.

RONILO L. PAMONAG
Prosecutor I
Office of the Provincial Prosecutor-
Iloilo

APPROVED:

MA. ELENA HOFILEÑA-GEROCHI

Provincial Prosecutor
Iloilo Provincial Prosecution’s Office
IBP No. 491804 (Lifetime)/Roll No. 40492
MCLE Compliance No. VI- 0000341

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