CORPORATION LAW WEEK 1

FILIPINAS BROADCASTING NETWORK, INC., petitioner, vs. AGO MEDICAL

AND EDUCATIONAL CENTER-BICOL CHRISTIAN COLLEGE OF MEDICINE,
(AMEC-BCCM) and ANGELITA F. AGO, respondents.

G.R. No. 141994 January 17, 2005

Nature of the case: Petition for review on certiorari of the decision and res-
olution of the CA

Ponente: Carpio, J.

FACTS: 

“Expose” is a radio documentary program hosted by Carmelo “Mel”

Rima (Rima) and Hermogenes “Jun” Alegre (Alegre). Exposé is aired every
morning over DZRC-AM which is owned by Filipinas Broadcasting Network,
Inc. (“FBNI”) and is heard over Legazpi City, Albay municipalities and other
Bicol areas.

In the morning of Dec 14-15, 1989, Rima and Alegre exposed various
alleged complaints from students, teachers and parents against Ago Medical
and Educational Center-Bicol Christian College of Medicine (AMEC) and its
administrators.

The alleged complaints exposed in the radio program include the ff:

1. If a med student fails a subject they will repeat year level taking up
all the subjects including those already passed;
2. Students in physical therapy complained the course is not
recognized by DECS:
3. Students required to pay for subjects even if it does not have an
instructor;
4. AMEC in their effort to minimize expenses in terms of salary are
absorbing or continues to accept “rejects” or is a dumping
ground of moral and physical misfits ie. Teachers in AMEC are
former teachers of Aquinas Uni but were removed due to immorality.
Also special mentioned Dean of Student Affairs,
Justita Lola, who they said is no longer fit to teach due to old
age. (Rima)
 Claiming the broadcasts were defamatory, AMEC and Angelita Ago
(“Ago”), as dean of AMEC’s college of med, filed a complaint for damages
against FBNI, Rima, Alegre on Feb 27, 1990.

The complaint of AMEC further alleged that AMEC is a reputable learn-

ing institution. The supposed exposes destroyed the plantiff’s (AMEC and
Ago) reputation. FBNI was included as defendant for allegedly failing to ex-
ercise due diligence in selection and supervision of its employees.

On June 18, 1990, defendants through Atty. Lozares, filed an answer

alleging the broadcasts were fair and true and that they were impelled by a
sense of pulblic duty to report as the institution is imbued with public inter-
est.

Trial ensued. FBNI filed a motion to dismiss. Trial Court denied motion
to dismiss. FBNI then filed a separated answer claiming it exercised due dili-
gence in selection and supervision.

On Dec 14, 1992, trial court rendered a decision finding FBNI

and Alegre only liable for libel, absolving Rima. Trial Court rejected
broadcaster’s claim that their utterances were the result of straight reporting
as it had no factual basis and they did not even verify their reports before
airing. Trial Court found that FBNI failed to exercise diligence in the selection
and supervision of its employees. They were ordered to pay P300,00 moral
damages and 30,000 reimbursement of Attorney’s fees.

In absolving Rima, trial court ruled that his participation was when he
agreed with Alegre’s expose and that it is bound within the freedom of
speech, expression and of the press.

CA affirmed the trial court’s judgement with modification making Rima

solidarily liable with Alegre and FBNI. CA also denied Ago’s claom for
dmaages and attorney’s fees Bec the libelous remarks were directed against
AMEC.

Issue:

Whether FBNI is solidarily liable with Rima and Alegre for payment of
moral damages, attorney’s fees and costs of suit.

Held:
 FBNI’s arguments do not persuade the Court. FBNI is considered a
joint tort feasor.

Joint tort feasors are all the persons who command, instigate, pro-
mote, encourage, advise, countenance, cooperate in, aid or abet the com-
mission of a tort, or who approve of it after it is done, if done for their ben -
efit.

An employer and employee are solidarily liable for a defamatory state-

ment by the employee within the course and scope of his or her employ-
ment, at least when the employer authorized or ratifies the defamation.