This case has been cited 3 times or more.
|
2006-04-10 |
CHICO-NAZARIO, J. |
||||
| There is grave slander when it is of a serious and insulting nature. The gravity of the oral defamation depends not only (1) upon the expressions used, but also (2) on the personal relations of the accused and the offended party, and (3) the circumstances surrounding the case.[21] Indeed, it is a doctrine of ancient respectability that defamatory words will fall under one or the other, depending not only upon their sense, grammatical significance, and accepted ordinary meaning judging them separately, but also upon the special circumstances of the case, antecedents or relationship between the offended party and the offender, which might tend to prove the intention of the offender at the time.[22] | |||||
|
2001-01-25 |
PUNO, J. |
||||
| If the kidnapping or detention shall have lasted more than three days." As of the time the instant case was decided by the trial court, Joyce Ann was still missing. Her kidnapping had far exceeded three days. The penalty of reclusion perpetua is thus meted out to the accused Rama in accordance with the above provision. Anent the award of damages, the trial court struck off the record Roger Cabiguin's testimony regarding the anguish Joyce Ann's loss caused him because he did not appear for cross-examination. There being no evidence in support of the award of moral and temperate damages, we cannot award the same.[31] | |||||
|
2000-05-31 |
PARDO, J. |
||||
| Prescinding from the foregoing, it would serve the ends of justice better if the petitioner were sentenced to pay a fine instead of imprisonment. The offense while considered serious slander by deed was done in the heat of anger[28] and was in reaction to a perceived provocation. The penalty for serious slander by deed may be either imprisonment or a fine.[29] We opt to impose a fine. | |||||