ELIZALDE v. GUTIERREZ (G.R. No. L-33615, April 22, 1977) Political Law - Freedom of Expression and of the Press. - A news article was published in the Evening News, a newspaper of general circulation, of an item reproducing in full a dispatch from the Philippine News Service. It summarized the testimony of the victim of a pending rape case, wherein the name of the accused was mentioned. - Claiming that the news article is libelous the accused filed an information against the newspaper for libel. The newspaper filed a Motion to Quash the information, based on the Constitutional right to Freedom of Expression and of the Press. The trial court judge denied the motion, hence this Petition before the Supreme Court. - In granting the petition, the Supreme Court held that: - This is a case therefore that falls squarely within the protection of the free press provision found in the Constitution. That such news item possessed a defamatory aspect is beside the point. It cannot justify a prosecution for libel. Even prior to the 1935 Constitution, under the previous organic act, the Philippine Autonomy Act of 1916, which contained a similar provision mandating a free press, this Court, in the epochal Malcolm opinion in United States v. Bustos, decided almost sixty years ago, to be precise on March 8, 1918, enunciated the principle that the freedom of the press is "so sacred to the people of these Islands and won at so dear a cost, [that it] should now be protected and carried forward as one would protect and preserve the covenant of liberty itself." Thus it is clear that a prosecution for libel lacks justification if the offending words find sanctuary within the shelter of the free press guarantee. This Court has since then been committed to such an authoritative doctrine. . Tell us your thoughts and ❤️ if you want more interesting Supreme Court Decisions. . . #lexschemata#lexschematalaw#lawyer#lawyerlife#lawyers#legal#law#legalresearch#jurisprudence
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