- Petitioner
- Rogelio Pader
- Respondent
- People
- Citation
- G.R. No. 139157
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Pardo, J.
- Decided
- February 8, 2000
Whether petitioner's defamatory utterances constitute grave or slight oral defamation under Article 358 of the Revised Penal Code
Summary
Petitioner Rogelio Pader was charged with grave oral defamation for shouting defamatory words at Atty. Benjamin Escolango, a vice mayoral candidate, at the latter's residence. The Municipal Circuit Trial Court and Regional Trial Court convicted him of grave oral defamation, while the Court of Appeals affirmed but modified the penalty. The Supreme Court reversed, finding petitioner guilty only of slight oral defamation. The Court considered that the parties were neighbors, petitioner was intoxicated, and his anger stemmed from a previous incident involving his deceased father. The Court ruled that the expression 'putang ina mo' in the circumstances was more an expression of anger than serious insult, citing that defamatory words must be judged not only by their ordinary meaning but also by the special circumstances, antecedents, and relationship between parties. The penalty was reduced to a P200.00 fine, and moral damages were removed for lack of proof of actual suffering.