Fermin vs.

People of the Philippines

GR No. 157643; March 28, 2008
Stare Decisis

Nachua, J:

Issues: Is Fermin guilty of libel even though she was not aware of, did not consent to
and did not participate in the creation of the libelous article in question?

Facts:
- An article was published in Gossip Tabloid about Annabelle Rama Gutierrez
suggesting that she had stolen money and was running away from lawsuits in the
US
- Fermin is the publisher, president and chairperson of Gossip Tabloid
- However, Fermin claims that she was not aware of the article, and that she did
not consent to its publication nor did she participate in its creation

Hold: Yes, Fermin is guilty of libel even though she was not aware of, did not consent to
and did not participate in the creation of the libelous article in question

Ratio:
- Article 360 of the Revised Penal Code states that “…With regard to a publication
in which a libel is printed, not only is the publisher but also all other persons who
in any way participate in or have any connection with its publication are liable as
publishers”.
- In the cases of State vs. Mason and Commonwealth vs. Morgan, the court ruled
that ignorance of the article does not excuse a publisher or manager of a public
paper from having published a libelous article in his/her paper.
- On the Revised Penal Code. As Fermin is the publisher of Gossip Tabloid, as of
Article 360 in the Revised Penal Code, she is very clearly responsible for the
article.
- On State vs. Mason and Commonwealth vs. Morgan. As ruled in State vs.
Mason and Commonwealth vs. Moran, in spite of her ignorance of the libelous
article, her lack of consent on publishing the article and her lack of involvement
in the creation of the article, Fermin, as the publisher of Gossip Tabloid, is still
liable for the libelous article.