UY - v - MERCADO
Facts:
Note: I made this case digest when I was still a law student. The ones posted on my blog were not due for submission as part of any academic requirement. I want to remind you that there is no substitute to reading the full text of the case! Use at your own risk.
1.
Former mambabatas
pambansa (MP) Dulay of Quirino Province filed a complaint for libel against Uy, Batalla, and Quizon with the MTC
Cabaroguis presided over by respondent Judge because of a publication in the Tempo
newspaper implicating him along with several others who were charged with
robbery in band before Provincial Fiscal of Cavite.
2.
Respondent judge
conducted a preliminary investigation on former MP Dulay and issued a warrant
of arrest in the libel case on the same day w/o any evidence/proof that there
was immediate necessity of placing the accused under the custody of the court
and w/o proof/evidence to warrant a conclusion that the accused may frustrate
the ends of justice by their non appearance in the trial.
3.
Complainant Uy
was arrested and ordered detained. The issuance of said warrant of arrest
caused incalculable damage and suffering to complainant and his family because
of the unusual arrest effected by the military elements under the control and
supervision of then MP Dulay.
4.
Respondent judge
claims that the judicial determination of probable cause is final and
conclusive and that whether probable cause exists or not is discretionary for
the court. He asks fro the dismissal of the administrative complaint.
Issue:
W/N respondent judge erred in issuing a warrant of arrest to complainant Uy
Held:
YES. Forfeiture of respondent judge’s
accrued retirement benefits, etc and to show cause within 10 days why he should
not be disbarred
Ratio:
The
proper court to hear the libel case, in this instance, was either the court in
Quezon City or the court in Manila where the allegedly libellous matter was
printed and first published, but not the court in Quirino Province.
Considering
that libel suits are often intended to harass an alleged offender, respondent
judge should have satisfied himself not only that probable cause exists, but
likewise made certain that venue is properly lain and jurisdiction legally
acquired before taking cognisance of the case and issuing the warrant of
arrest.
With
this unjustified action, Court believes that respondent judge went out of his
way to accommodate former governor and later MP Dulay.
Notes:
-
Art. 360 of RPC
on libel as amended by RA 1289 and ra 4363 provides that where one of the
offended parties is a public officer the action shall be filed in the CFI (now
RTC) of the province or city where he holds office at the same time of the
commission of the fence or of the province or city whether the libellous
article was printed and first published.
-
Respondent judge
cannot be dismissed due to his automatic separation from service upon filing of
a certificate of candidacy for a position of Congressman in province of Qurino.
