Thursday, September 17, 2015

Libel; moral damages awarded.




ERWIN TULFO  Vs. PEOPLE OF THE PHILIPPINES and ATTY. CARLOS T. SO, G.R. No. 161032;  and the accompanying case: SUSAN CAMBRI, REY SALAO,  JOCELYN BARLIZO, and PHILIP PICHAY vs. COURT OF APPEALS, PEOPLE OF THE PHILIPPINES, and CARLOS SO, G.R. No. 161176, September 16, 2008

“x x x.

And while on the subject of moral damages, it may not be amiss to state at this juncture that Tulfos libelous articles are abhorrent not only because of its vilifying and demeaning effect on Atty. So himself, but also because of their impact on members of his family, especially on the children and possibly even the childrens children.

The Court can perhaps take judicial notice that the sense of kinship runs deeply in a typical Filipino family, such that the whole family usually suffers or rejoices at the misfortune or good fortune, as the case may be, of any of its member. Accordingly, any attempt to dishonor or besmirch the name and reputation of the head of the family, as here, invariably puts the other members in a state of disrepute, distress, or anxiety. This reality adds an imperative dimension to the award of moral damages to the defamed party.

X x x.”