Republic of the Philippines 10% Municipal Circuit Trial Court SAN FRANCISCO-SAN ANDRES San Francisco, Quezon Crim. Case No. 7276 PEOPLE OF THE PHILIPPINES, Plaintiff - versus - NOEL CASTILLEJO, x MEMORANDUM FOR THE ACCUSED WITH UTMOST DUE RESPECT, the accused files this Memorandum. In support of it, the accused respectfully states the following: STATEMENT OF THE CASE 1. A Criminal Complaint was directly filed by the San Francisco Municipal Police Office against Noel Castillejo for Serious Oral Defamation under Art. 358 of the Revised Penal Code. THE PROSECUTION’S VERSION OF THE FACTS 2. The Criminal Complaint alleges that on or about 5:30 p.m. of 27 April 2012, Castillejo was at Purok 2, Brgy. Poblacion, San Francisco, Quezon, while under the influence of intoxicating liquor uttered the following: “Putang ina Mayor Alega lumabas ka dyan, limang araw mo ng ginugutom ang pamilya ko, lumabas na ang papel ko galing sa Civil Service hindi mo pa ako ibinabalik sa trabaho, bobo ka, bobo kang mayor ka, lumabas ka diyan, bakit ayaw mo akong harapin.” 3. The private complainant, Joselito R. Alega, was then the incumbent Mayor of San Francisco, Quezon. According to him he was then inside his room sleeping when Castillejo arrived in front of his house. Upon waking up he was informed by his witnesses of the alleged utterances of Castillejo.Memorandum for the Accused rapes. Noel Castilga Grim, Case. No. 7276 Page 20f 7 4. However, during his testimony on cross-examination, Alega claimed that he likewise heard what Castillejo allegedly uttered against him. 5. The other witness of the prosecution was German Javier, who was then an employee of the local government of the Municipality of San Francisco Quezon and a close-in security of Alega. 6. According to Javier, Castillejo was drunk when he arrived in the house of Alega. He alleged that Castillejo was trying to enter the house of Alega but he prevented him because he knows that Alega was then resting. According to Javier, Castillejo cursed Alega by uttering the above-quoted statements. THE DEFENSE’S. VERSION OF THE FACTS 7. Castillejo admits that on or about 5:30 p.m. of 27 April 2012, he went to the house of Alega. 8. However, Castillejo vehemently denies that he was drunk at that time because he purposely went to see Alega to plead with him. Castillejo went there to beg Alega to reinstate him as Municipal Welfare Development Officer. He even brought with him his two children, Serafin, who was then 6 years old, and Paula, who was then 2 years old, in order to earn the sympathy of Alega. In fact, he was then carrying Paula in his arms when he arrived in the house of Alega. 9. Castillejo admits that he was prevented by Alega’s security personnel from entering the house. 10. However, Castillejo vehemently denies that he cursed Alega. He also vehemently denies that he uttered the above- quoted statements. Castillejo will not curse nor utter any offensive word against Alega since it would conflict with his purpose for visiting him. Castillejo visited Alega to plead that he be re-instated. Castillejo very well knows that he will not be reinstated if he will curse Alega. 11. Castillejo also denies that he became violent when he was prevented from entering the house of Alega.Memorandum for the Accused Peoples. Nol Castile Crim. Case. No. 7276 Page 37 12. The truth is that Alega’s security personnel kept pushing Castillejo after they blocked him from entering the house. Castillejo pleaded with them to stop pushing because his children might be hurt. His daughter even started crying because the Alega’s men kept pushing them. 13. It is at this point that the police officers arrived and told Castillejo that they will bring him to the police station. However, he did not immediately go with the police officers because he was looking for anyone who could take care of his children. Peachy Magtibay then approached Castillejo and took custody of his children. Castillejo voluntarily went with the police officers after he entrusted his children to Magtibay. 14. Castillejo vehemently denies that he assaulted the police officers. Castillejo would not dare assault the police officers because his two small children will be caught up in the violence. Moreover, there were five police officers who arrested Castillejo. He very well knows that he doesn’t stand a chance against the five police officers and Alega’s security personnel if he would assault any of them. ISSUE 15. The accused respectfully raise the following issues: a. Whether or not the testimonies of the private complainant and his witnesses are credible; and b. Whether or not the utterances allegedly made by Castillejo are slanderous. ARGUMENTS 16. The accused respectfully offers the following arguments to resolve the issues he raised: a. The testimonies of the private complainant and his witness are incredible; and b. The utterances allegedly made by Castillejo are not slanderous.‘Memorandum for the Accused Pasple ss, Noel Catillo Crim, Case. No. 7276 Pay $f? DISCUSSION The testimonies of the prosecutions witnesses are incredible 17. The testimony of Alega and his witnesses are incredible. 18. Alega’s security personnel claim that Castillejo tried to force his way inside Alega’s house. They also claim that Castillejo punched and fought with the police officers who arrested him. 19. Foremost, it is foolhardy for Castillejo to fight with Allega’s security personnel and the police officers since he will not stand any chance against them. Further, it would be physically impossible for Castillejo to throw any punch since he was then carrying his daughter. 20. Likewise, the testimony of Alega that he personally heard the alleged utterances of Castillejo is incredible. Alega could have not heard it since according to him he“Sieeping when Castillejo arrived. The prosecution never claimed that Castillejo repeated his alleged utterances. Thus, Alega could have not personally heard it after he woke up. The utterances allegedly made by Castillejo are not slanderous 21. Even granting that Castillejo made the alleged utterances, he cannot be liable for slander. 22. The utterances allegedly made by Castillejo pertain to Alega’s refusal to comply with the Civil Service Commission's order to reinstate him to his former office in the municipal government. 23. In fact, Alega never refuted Castillejo’s assertion that he refused to reinstate him. 24. The alleged utterances are not slanderous since Alega is an elected public official and the statements were uttered in connection with his official duties. 25. Allega should not be onion-skinned and should have treated the alleged utterances as criticisms and dissatisfaction over his performance as a public officer.Memorandum for the Accused People. Noel Castile Crim, Case. No. 7276 Page $f 7 26. In the case of De Leon vs. People,! the Supreme Court stated that “(ijt has been held that a public officer should not be too onion-skinned and should be tolerant of criticism. The doctrine, nevertheless, would only apply if the defamatory statement was uttered in connection with the public officer's duty.” The Supreme Court added that “(t) hat public officers, especially those who were elected, should not be too onion- skinned as they are always looked upon to set the example how public officials should correctly conduct themselves even in the face of extreme provocation.” 27. Moreover, in the case of Reyes vs. People,? the Supreme Court held that “the expression putang ina mo is a common enough utterance in the dialect that it is often employed, not really to slander but rather express anger or displeasure. In fact, more often, it is just an expletive that punctuates ones expression of profanity.” 28. Moreover, the Supreme Court ruled in MVRS Publications, Inc. vs. Islamic Da Wah Council of the Phils., Inc.,? words which are merely insulting are not actionable as libel or slander per se, and mere words of general abuse however opprobrious, ill- natured, or vexatious, whether written or spoken, do not constitute bases for an action for defamation in the absence of an allegation for special damages. The fact that the language is offensive to the plaintiff does not make it actionable by itself. 29. Clearly, Castillejo has no intention to malign Allega. The alleged utterances are expressions of anger and resentment and not intended to insult, discredit, or to place the person of Alega into public contempt. PRAYER WHEREFORE, the accused respectfully prays that the Honorable Court admits this Memorandum and dismisses the Criminal Complaint against him for lack of merit. The accused also pray for other modes relief as the Honorable Court may deem just and equitable under the circumstances, Respectfully submitted this 12 day of July, 2018. "GR. No, 212623, 11 January 2016 2137 Phil. 112 (cited in Villarmeva vs. People, G.R. No. 160351, 10 April 2006) 3 444 Phil 230