G.R. No. 206015 - CLAUDIO DAQUER, JR., VS. PEOPLE OF THE PHILIPPINES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the prosecution having successfully proved the guilt of the accused beyond reasonable doubt, accused CLAUDIO DAQUER, JR. is hereby found GUILTY of two (2) counts of Libel under Articles 353 to 355 of the Revised Penal Code (RPC). Pursuant to Supreme Court Administrative Circular No. 08-2008, and finding that the accused believes that he acted pursuant to a duty against the acts of the complainant who was then a public officer, in lieu of imprisonment, the penalty imposed upon the said accused is a fine of SIX THOUSAND (P6,000.00) PESOS with subsidiary imprisonment in case of insolvency, for each of the two (2) above captioned cases, thus the total amount of fine is TWELVE THOUSAND (P12,000.00) PESOS. No actual or compensatory damages is awarded for lack of factual basis because to be entitled to actual and compensatory damages, there must be competent proof constituting evidence of the actual amount thereof. The private nominal complainant had not presented evidence in support thereof. Anent the accused Virginia A. Amarillo, let this case be sent to the archives to be revived as soon as this Court acquires jurisdiction over the person of the said accused. Meanwhile, let alias warrant of arrest issued against Virginia A. Amarillo to be served by the Chief of Police of this City and send copy to the Chief of Police of Iloilo City where the accused is said to be residing. SO ORDERED.