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Filipinas Broadcasting Network Vs AMEC-BCCM Case Digest

The radio program "Exposé" broadcasted allegations against Ago Medical and Educational Center-Bicol Christian College of Medicine (AMEC) on two separate dates. AMEC filed a complaint against the broadcaster for damages. While the trial court and appellate court ruled in favor of AMEC and awarded moral damages, the broadcaster appealed to the Supreme Court arguing that as a corporation, AMEC was not entitled to moral damages. The Supreme Court ruled that under Article 2219(7) of the Civil Code, a corporation can validly claim moral damages for libel or defamation. As the broadcasts against AMEC were libelous per se, moral damages were implied under law.

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Alyssa Mae Ogao-ogao
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143 views

Filipinas Broadcasting Network Vs AMEC-BCCM Case Digest

The radio program "Exposé" broadcasted allegations against Ago Medical and Educational Center-Bicol Christian College of Medicine (AMEC) on two separate dates. AMEC filed a complaint against the broadcaster for damages. While the trial court and appellate court ruled in favor of AMEC and awarded moral damages, the broadcaster appealed to the Supreme Court arguing that as a corporation, AMEC was not entitled to moral damages. The Supreme Court ruled that under Article 2219(7) of the Civil Code, a corporation can validly claim moral damages for libel or defamation. As the broadcasts against AMEC were libelous per se, moral damages were implied under law.

Uploaded by

Alyssa Mae Ogao-ogao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

141994, January 17, 2005 –


FILIPINAS BROADCASTING NETWORK,
INC. vs. AGO MEDICAL AND
EDUCATIONAL CENTER-BICOL
CHRISTIAN COLLEGE OF MEDICINE,
(AMEC-BCCM) and ANGELITA F. AGO,

Filipinas Broadcasting
Network vs AMEC-
BCCM Case Digest
Filipinas Broadcasting Network Inc.
vs. Ago Medical and Educational
Center-Bicol Christian
College of Medicine (AMEC-BCCM)
[GR 141994, 17 January 2005]
Facts: “Exposé” 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”). “Exposé” is heard
over Legazpi City, the Albay
municipalities and other Bicol areas.
In the morning of 14 and 15
December 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. Claiming that the
broadcasts were defamatory, AMEC
and Angelita Ago (“Ago”), as Dean of
AMEC’s College of Medicine,
filed a complaint for damages against
FBNI, Rima and Alegre on 27
February 1990
Filipinas Broadcasting
Network vs AMEC-
BCCM Case Digest
Filipinas Broadcasting Network Inc.
vs. Ago Medical and Educational
Center-Bicol Christian
College of Medicine (AMEC-BCCM)
[GR 141994, 17 January 2005]
Facts: “Exposé” 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”). “Exposé” is heard
over Legazpi City, the Albay
municipalities and other Bicol areas.
In the morning of 14 and 15
December 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. Claiming that the
broadcasts were defamatory, AMEC
and Angelita Ago (“Ago”), as Dean of
AMEC’s College of Medicine,
filed a complaint for damages against
FBNI, Rima and Alegre on 27
February 1990
Fact: Petitioner’s broadcasters Rima ang Alegre broadcast in two
separated dates malicious and libelous remarks against the
respondent and its owner. Respondent filed an action against the
petitioner for damages for the libelous remarks. The RTC ruled in favor
of the Respondent and award Moral damages to the Respondent only
and not its owners. Petitioner and Respondent went to the CA to
appeal the case. CA rendered in favor of the Respondent awarding
moral damages to it but not its owners. Petitioner went to SC raising
the issue that the respondent is Corporation and not entitled to Moral
Damages.

Issue: Whether the Respondent, a Corporation is entitled to Moral


damages?

Held: Yes, 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, the Court’s
statement in Mambulao that “a corporation may have a good
reputation which, if besmirched, may also be a ground for the award
of moral damages” is an obiter dictum. Nevertheless, AMEC’s claim for
moral damages falls under item 7 of Article 2219 of the Civil Code.
This provision expressly authorizes the recovery of moral damages in
cases of libel, slander or any other form of defamation. Article 2219(7)
does not qualify whether the plaintiff is a natural or juridical person.
Therefore, a juridical person such as a corporation can validly complain
for libel or any other form of defamation and claim for moral
damages. Moreover, where the broadcast is libelous per se, the law
implies damages. In such a case, evidence of an honest mistake or the
want of character or reputation of the party libeled goes only in
mitigation of damages. Neither in such a case is the plaintiff required
to introduce evidence of actual damages as a condition precedent to
the recovery of some damages. In this case, the broadcasts are
libelous per se. Thus, AMEC is entitled to moral damages.

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