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GODOY, JERICO U.

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


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

THE CASE:

There’s this radio commentators Jun Alegre and Carmelo Rima of the petitioner’s company who
uttered several comments about the quality of education, the corruptive practices when it comes
to paying their matriculation in connection with pass or fail subjects as well as to the Dean of the
respondent’s university in several occasions. These commentators said that it was from many of
the students inside the campus.

Due to this, the respondent filed a case of libel against the petitioner for these libelous statements
against them. The trial court as well as the Court of Appeals ruled in favor of the school.

The matters reached the Supreme Court averring the fact that the petitioner shall not be held
liable for moral damages because respondents are considered a corporation citing the former case
of ABS-CBN vs. Court of Appeals.

The Supreme Court ruled in the negative. The Supreme Court ruled that while it is true that a
juridical person is generally not entitled to moral damages because, unlike a natural person, it
cannot experience physical suffering or such sentiments as wounded feelings, serious anxiety,
mental anguish or moral shock. However, where the broadcast is libelous per se, the law implies
damages.

In the case at bar, the statements uttered by the commentators were libelous per se. Utterances
based on baseless allegations were clearly attended with bad faith. For failure to exercise justly,
honestly and with good faith in the exercise of his rights and performance of his duties pursuant
to the Civil Code (Article 19), as well as to their rules (Radio Code 1B), the respondent’s were
entitled for moral damages.

In all foregoing, the Court DENIED the instant petition.

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