Case Digest: Disini vs. DILG – GR 203335, February 18, 2014 (Libel)

 Facts:

The cybercrime law aims to regulate access to and use of the cyberspace. Using his laptop or computer, a person can connect to the internet, a system that links him to other computers and enable him to write his opinions in social media and such other similar means. petitioners claim that the means adopted by the cybercrime law for regulating undesirable cyberspace activities violate certain of their constitutional rights.

Issue: W/N Section 4(c)(4) on Libel is constitutional

Held:

Yes.The Court agrees with the Solicitor General that libel is not a constitutionally protected speech and that the government has an obligation to protect private individuals from defamation. Indeed, cyberlibel is actually not a new crime since Article 353, in relation to Article 355 of the penal code, already punishes it. In effect, Section 4(c)(4) above merely affirms that online defamation constitutes "similar means" for committing libel.

Case Digest: People of the Philippines vs Salvador Tulagan

 

Facts:

Salvador Tulagan, in two separate occasions, did willfully, and unlawfully, assaulted and had forcefully had intercourse with a minor. Both occasions were in the same year. Salvador denied the allegations claiming that he was out gathering banana leaves during the incident and that the grandmother of the victim was spreading false rumours as she had squabble with his mother. The RTC ruled that statutory rape was established. CA affirmed the decision of the RTC.

Issue: Whether or not that the testimony of the victim was fraught with inconsistencies and lapses which affected her credibility.

 

Held:

No. Time and again, we have held that when it comes to the issue of credibility of the victim or the prosecution witnesses, the findings of the trial courts carry great weight and respect and, generally, the appellate courts will not overturn the said findings unless the trial court overlooked, misunderstood or misapplied some facts or circumstances of weight and substance which will alter the assailed decision or affect the result of the case.