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Criminal Law II - Prof. Batongbacal: Up Law A-2015 Digest System

- Attorney Alfredo Malit made the statement "I doubt how did you become a doctor" while cross-examining Dr. Macaspac in an administrative case. Dr. Macaspac then filed a complaint for slander against Malit. - The issue is whether Malit's statement was privileged communication since it was made during a judicial proceeding. - The court ruled that statements made by parties, counsel, and witnesses during judicial proceedings are exempt from liability for libel or slander, even if defamatory, as long as they are pertinent or relevant to the case. It found Malit's statement to be privileged communication.

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138 views1 page

Criminal Law II - Prof. Batongbacal: Up Law A-2015 Digest System

- Attorney Alfredo Malit made the statement "I doubt how did you become a doctor" while cross-examining Dr. Macaspac in an administrative case. Dr. Macaspac then filed a complaint for slander against Malit. - The issue is whether Malit's statement was privileged communication since it was made during a judicial proceeding. - The court ruled that statements made by parties, counsel, and witnesses during judicial proceedings are exempt from liability for libel or slander, even if defamatory, as long as they are pertinent or relevant to the case. It found Malit's statement to be privileged communication.

Uploaded by

Rea Bautista
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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UP LAW A-2015 DIGEST SYSTEM [Criminal Law II | Prof.

Batongbacal]
CRIMES AGAINST HONOR Libel Malit v People Date of Promulgation: May 31, 1982 Ponente: Relova, J. Facts:

CRIM II A-2015 | AY 2011-2012 - II

Atty. Alfredo Malit, herein petitioner, was counsel of Ruth Fernandez in an administrative case filed by Dr. Macaspac. Jan 1980: As petitioner was cross-examining Macaspac when the latter identified certain exhibits on the witness stand, Dr. Macaspac evaded the question regarding the identity of the person who made the exhibit by asking the petitioner what he meant by made. Petitioner answered prepared. Macaspac still refused to answer and asked for clarification. That prompted petitioner to say: I doubt how did you become a doctor. Macaspac instituted complaint for slander. An information for unjust vexation was filed against Malit. Malit filed motion to quash. This was denied. Malit filed motion for reconsideration. Denied. Malit then filed this petition for review and prohibition. o Utterances made in the course of judicial proceedings, including all kinds of pleadings and motions belong to the class of communication that are absolutely privileged.

Issue Whether petitioners utterance of I doubt how did you become a doctor in a judicial proceeding is privileged communication (YES) Ruling: Orders reversed and set aside. Ratio: Rule: parties, counsel and witnesses are exempted from liability in libel or slander cases for words otherwise defamatory, uttered/published in the course of judicial proceedings, provided the statements are pertinent or relevant to the case. What is pertinent/relevant? The court says they are inclined to be liberal. Privilege granted in aid of administration of justice.

jagbautista2012

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