Tony Figueroa v People of the Philippines

GR 15981 August 9, 2006

FACTS:

Tony VN Figeroa, writer under People’s Daily Forum column “Footprints” were accused of
confederating, conspiring and helping with co-accused Rogelio Flaviano with malicious intent of
imputing dishonor, discredit and contempt upon Aproniano Rivera in a news publication. RTC rendered
its decision finding both petitioner guilty as charged. On appeal, the court affirmed the RTC decision
thus, this petition for review. Petitioners submits that CA erred in holding that private complainant is not
a public officer. They invoke in their favor the application of one of the exceptions to the legal
presumption of the malicious nature of every defamatory imputation – 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 the functions.

ISSUE:

Whether or not complainant, a member of the market committee is a public officer

RULING:

The complainant cannot be considered a public officer. Being a member of the market committee