Case no.

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EN BANC

G.R. No. 154473               April 24, 2009

PEOPLE OF THE PHILIPPINES and PHOTOKINA MARKETING CORPORATION, Petitioners,

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G.R. No. 155573               April 24, 2009

PHOTOKINA MARKETING CORPORATION, Petitioner,

DECISION

NACHURA, J.:

Before the Court are two consolidated petitions for review on certiorari filed under Rules 45 and 122 of the Rules of Court: (1) G.R.
No. 154473 assailing the June 18, 20021 and the June 23, 20022 Orders of the Regional Trial Court (RTC) of Quezon City, Branch
102 in Criminal Case No. Q-02-109407; and (2) G.R. No. 155573 challenging the June 25, 20023 and the September 18,
20024 Orders of the RTC of Quezon City, Branch 101 in Criminal Case No. Q-02-109406.

The petitions, while involving the same issues, rest on different factual settings, thus:

G.R. No. 154473

On January 31, 2002, respondent Alfredo L. Benipayo, then Chairman of the Commission on Elections (COMELEC), delivered a
speech in the "Forum on Electoral Problems: Roots and Responses in the Philippines" held at the Balay Kalinaw, University of the
Philippines-Diliman Campus, Quezon City.5 The speech was subsequently published in the February 4 and 5, 2002 issues of the
Manila Bulletin.6

Petitioner corporation, believing that it was the one alluded to by the respondent when he stated in his speech that

Even worse, the Commission came right up to the brink of signing a 6.5 billion contract for a registration solution that could have
been bought for 350 million pesos, and an ID solution that isn’t even a requirement for voting. But reason intervened and no
contract was signed. Now, they are at it again, trying to hoodwink us into contract that is so grossly disadvantageous to the
government that it offends common sense to say that it would be worth the 6.5 billion-peso price tag.7

filed, through its authorized representative, an Affidavit-Complaint8 for libel.

Arguing that he was an impeachable officer, respondent questioned the jurisdiction of the Office of the City Prosecutor of Quezon
City (OCP-QC).9 Despite the challenge, the City Prosecutor filed an Information10 for libel against the respondent, docketed as
Criminal Case No. Q-02-109407, with the RTC of Quezon City, Branch 102.

Petitioner later filed a Motion for Inhibition and Consolidation,11 contending that Judge Jaime N. Salazar of Branch 102 could not
impartially preside over the case because his appointment to the judiciary was made possible through the recommendation of
respondent’s father-in-law. Petitioner further moved that the case be ordered consolidated with the other libel case [Criminal Case
No. Q-02-103406, which is the subject of G.R. No. 155573] pending with Branch 101 of the RTC.

While the said motion remained unresolved, respondent, for his part, moved for the dismissal of the case on the assertion that the
trial court had no jurisdiction over his person for he was an impeachable officer and thus, could not be criminally prosecuted before
any court during his incumbency; and that, assuming he can be criminally prosecuted, it was the Office of the Ombudsman that
should investigate him and the case should be filed with the Sandiganbayan.12

On June 18, 2002, the trial court issued the challenged Order13 dismissing Criminal Case No. Q-02-109407 and considering as
moot and academic petitioner’s motion to inhibit. While the RTC found that respondent was no longer an impeachable officer
because his appointment was not confirmed by Congress, it ruled that the case had to be dismissed for lack of jurisdiction
considering that the alleged libel was committed by respondent in relation to his office—he delivered the speech in his official
capacity as COMELEC Chair. Accordingly, it was the Sandiganbayan that had jurisdiction over the case to the exclusion of all other
courts.

On motion for reconsideration, the trial court adhered to its ruling that it was not vested with jurisdiction to hear the libel case. 14

Aggrieved, petitioners timely filed before the Court, on pure questions of law, the instant Petition for Review on Certiorari15 under
Rule 122 in relation to Rule 45 of the Rules of Court raising the following grounds:

I. THE TRIAL COURT SHOULD HAVE FIRST RESOLVED THE MOTION TO INHIBIT BEFORE RESOLVING THE MOTION TO
DISMISS;
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II. THE TRIAL COURT ERRED IN RULING THAT THE CRIME OF LIBEL IN THIS CASE WAS COMMITTED BY ACCUSED "IN
RELATION TO HIS OFFICE;" AND

III. THE TRIAL COURT ERRED IN RULING THAT IT HAD NO JURISDICTION IN THIS CASE. 16

G.R. No. 155573

On March 13, 2002, respondent, as COMELEC Chair, and COMELEC Commissioner Luzviminda Tangcangco were guests of the
talk show "Point Blank," hosted by Ces Drilon and televised nationwide on the ANC-23 channel. The television show’s episode that
day was entitled "COMELEC Wars."17 In that episode, the following conversation transpired:

Drilon: Are you saying, Chairman, that COMELEC funds are being used for a "PR" campaign against you? Is that what you are
saying?

Benipayo: No, I think [it’s] not COMELEC funds, [it’s] Photokina funds. You know, admittedly, according to [c]hargé d’[a]ffaires of
the U.S. Embassy[,] in a letter sent to me in July of 2001, it is what’s been [so] happening to the Photokina deal, they have already
spent in excess of 2.4 [m]illion U.S. [d]ollars. At that time[,] that’s about 120 [m]illion pesos and I said, what for[?] [T]hey wouldn’t
tell me, you see. Now you asked me, [who is] funding this? I think it’s pretty obvious.18

Petitioner considered respondent’s statement as defamatory, and, through its authorized representative, filed a Complaint-
Affidavit19 for libel. Respondent similarly questioned the jurisdiction of the OCP-QC.20 The City Prosecutor, however, consequently
instituted Criminal Case No. Q-02-109406 by filing the corresponding Information21 with the RTC of Quezon City, Branch 101.

Respondent also moved for the dismissal of the information raising similar arguments that the court had no jurisdiction over his
person, he being an impeachable officer; and that, even if criminal prosecution were possible, jurisdiction rested with the
Sandiganbayan.22

On June 25, 2002, the trial court issued the assailed Order23 dismissing Criminal Case No. Q-02-109406 for lack of jurisdiction over
the person of the respondent. The RTC, in the further assailed September 18, 2002 Order,24 denied petitioner’s Motion for
Reconsideration.25

Displeased with the rulings of the trial court, petitioners seasonably filed before this Court, on pure questions of law, another
Petition for Review on Certiorari26 under Rule 122 in relation to Rule 45 of the Rules of Court raising the following grounds:

I. THE TRIAL COURT ERRED IN RULING THAT THE CRIME OF LIBEL IN THIS CASE WAS COMMITTED BY RESPONDENT
"IN RELATION TO HIS OFFICE"; AND

II. IN THE ABSENCE OF ANY ALLEGATION IN THE INFORMATION THAT THE CRIME OF LIBEL WAS COMMITTED BY
RESPONDENT IN RELATION TO HIS OFFICE, THE TRIAL COURT ERRED IN RULING THAT IT HAD NO JURISDICTION
OVER THE CASE BELOW.

III. EVEN ON THE ASSUMPTION THAT THE SANDIGANBAYAN HAS JURISDICTION OVER THE CASE, THE TRIAL COURT
SHOULD HAVE ENDORSED THE CASE TO THE SANDIGANBAYAN INSTEAD OF DISMISSING IT OUTRIGHT. 27

Considering that the two petitions, as aforesaid, involve the same issues and the same parties, the Court, upon the
recommendation of the Clerk of Court,28 consolidated the cases.29

The core issue for the resolution of the Court in these twin cases is whether the RTC has jurisdiction over libel cases to the
exclusion of all other courts.

The Ruling of the Court

The Court observes that the parties have argued at length in their pleadings on the issue of whether the alleged criminal acts of
respondent are committed in relation to his office. They are of the conviction that the resolution of the said question will ultimately
determine which court—the RTC or the Sandiganbayan—has jurisdiction over the criminal cases filed. The Court, however, notes
that both parties are working on a wrong premise. The foremost concern, which the parties, and even the trial court, failed to
identify, is whether, under our current laws, jurisdiction over libel cases, or written defamations to be more specific, is shared by the
RTC with the Sandiganbayan. Indeed, if the said courts do not have concurrent jurisdiction to try the offense, it would be pointless
to still determine whether the crime is committed in relation to office.

Uniformly applied is the familiar rule that the jurisdiction of the court to hear and decide a case is conferred by the law in force at
the time of the institution of the action, unless a latter statute provides for a retroactive application thereof.30 Article 360 of the
Revised Penal Code (RPC),31 as amended by Republic Act No. 4363,32 is explicit on which court has jurisdiction to try cases of
written defamations, thus:

The criminal and civil action for damages in cases of written defamations as provided for in this chapter, shall be filed
simultaneously or separately with the court of first instance [now, the Regional Trial Court] of the province or city where the libelous
article is printed and first published or where any of the offended parties actually resides at the time of the commission of the
offense xxx.33 [Underscoring and italics ours.]1avvphi1.zw+

More than three decades ago, the Court, in Jalandoni v. Endaya,34 acknowledged the unmistakable import of the said provision:
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There is no need to make mention again that it is a court of first instance [now, the Regional Trial Court] that is specifically
designated to try a libel case. Its language is categorical; its meaning is free from doubt. This is one of those statutory provisions
that leave no room for interpretation. All that is required is application. What the law ordains must then be followed.35

This exclusive and original jurisdiction of the RTC over written defamations is echoed in Bocobo v. Estanislao,36 where the Court
further declared that jurisdiction remains with the trial court even if the libelous act is committed "by similar means," 37 and despite
the fact that the phrase "by similar means" is not repeated in the latter portion of Article 360.38 In these cases, and in those that
followed, the Court had been unwavering in its pronouncement that the expanded jurisdiction of the municipal trial courts cannot be
exercised over libel cases. Thus, in Manzano v. Hon. Valera,39 we explained at length that:

The applicable law is still Article 360 of the Revised Penal Code, which categorically provides that jurisdiction over libel cases [is]
lodged with the Courts of First Instance (now Regional Trial Courts).

This Court already had the opportunity to rule on the matter in G.R. No. 123263, People vs. MTC of Quezon City, Branch 32 and
Isah v. Red wherein a similar question of jurisdiction over libel was raised. In that case, the MTC judge opined that it was the first
level courts which had jurisdiction due to the enactment of RA 7691. Upon elevation of the matter to us, respondent judge’s orders
were nullified for lack of jurisdiction, as follows:

"WHEREFORE, the petition is granted: the respondent Court’s Orders dated August 14, 1995, September 7, 1995, and October 18,
1995 are declared null and void for having been issued without jurisdiction; and said Court is enjoined from further taking
cognizance of and proceeding with Criminal Case No. 43-00548, which it is commanded to remand to the Executive Judge of the
Regional Trial Court of Quezon City for proper disposition."

Another case involving the same question was cited as resolving the matter:

"Anent the question of jurisdiction, we ** find no reversible error committed by public respondent Court of Appeals in denying
petitioner’s motion to dismiss for lack of jurisdiction. The contention ** that R.A. 7691 divested the Regional Trial Courts of
jurisdiction to try libel cases cannot be sustained. While libel is punishable by imprisonment of six months and one day to four years
and two months (Art. 360, Revised Penal Code) which imposable penalty is lodged within the Municipal Trial Court’s jurisdiction
under R.A. No. 7691 (Sec. 32 [2]), said law however, excludes therefrom ** cases falling within the exclusive original jurisdiction of
the Regional Trial Courts **. The Court in Bocobo vs. Estanislao, 72 SCRA 520 and Jalandoni vs. Endaya, 55 SCRA 261, correctly
cited by the Court of Appeals, has laid down the rule that Regional Trial courts have the exclusive jurisdiction over libel cases,
hence, the expanded jurisdiction conferred by R.A. 7691 to inferior courts cannot be applied to libel cases."

Conformably with [these] rulings, we now hold that public respondent committed an error in ordering that the criminal case for libel
be tried by the MTC of Bangued.

For, although RA 7691 was enacted to decongest the clogged dockets of the Regional Trail Courts by expanding the jurisdiction of
first level courts, said law is of a general character. Even if it is a later enactment, it does not alter the provision of Article 360 of the
RPC, a law of a special nature. "Laws vesting jurisdiction exclusively with a particular court, are special in character, and should
prevail over the Judiciary Act defining the jurisdiction of other courts (such as the Court of First Instance) which is a general law." A
later enactment like RA 7691 does not automatically override an existing law, because it is a well-settled principle of construction
that, in case of conflict between a general law and a special law, the latter must prevail regardless of the dates of their enactment.
Jurisdiction conferred by a special law on the RTC must therefore prevail over that granted by a general law on the MTC.

Moreover, from the provisions of R.A. 7691, there seems to be no manifest intent to repeal or alter the jurisdiction in libel cases. If
there was such intent, then the amending law should have clearly so indicated because implied repeals are not favored. As much
as possible, effect must be given to all enactments of the legislature. A special law cannot be repealed, amended or altered by a
subsequent general law by mere implication. Furthermore, for an implied repeal, a pre-condition must be found, that is, a
substantial conflict should exist between the new and prior laws. Absent an express repeal, a subsequent law cannot be construed
as repealing a prior one unless an irreconcilable inconsistency or repugnancy exists in the terms of the new and old laws. The two
laws, in brief, must be absolutely incompatible. In the law which broadened the jurisdiction of the first level courts, there is no
absolute prohibition barring Regional Trial Courts from taking cognizance of certain cases over which they have been priorly
granted special and exclusive jurisdiction. Such grant of the RTC (previously CFI) was categorically contained in the first sentence
of the amended Sec. 32 of B.P. 129. The inconsistency referred to in Section 6 of RA 7691, therefore, does not apply to cases of
criminal libel.

Lastly, in Administrative Order No. 104-96 issued 21 October 1996, this Court delineated the proper jurisdiction over libel cases,
hence settled the matter with finality:

"RE: DESIGNATION OF SPECIAL COURTS FOR KIDNAPPING, ROBBERY, CARNAPPING, DANGEROUS DRUGS CASES
AND OTHER HEINOUS CRIMES; INTELLECTUAL PROPERTY RIGHTS VIOLATIONS AND JURISDICTION IN LIBEL CASES.

xxxx

"LIBEL CASES SHALL BE TRIED BY THE REGIONAL TRIAL COURTS HAVING JURISDICTION OVER THEM TO THE
EXCLUSION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL
COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS." (Underscoring supplied)40

As we have constantly held in Jalandoni, Bocobo, People v. Metropolitan Trial Court of Quezon City, Br. 32,41 Manzano, and
analogous cases, we must, in the same way, declare herein that the law, as it still stands at present, dictates that criminal and civil
actions for damages in cases of written defamations shall be filed simultaneously or separately with the RTC to the exclusion of all
other courts. A subsequent enactment of a law defining the jurisdiction of other courts cannot simply override, in the absence of an
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express repeal or modification, the specific provision in the RPC vesting in the RTC, as aforesaid, jurisdiction over defamations in
writing or by similar means.42 The grant to the Sandiganbayan43 of jurisdiction over offenses committed in relation to (public) office,
similar to the expansion of the jurisdiction of the MTCs, did not divest the RTC of its exclusive and original jurisdiction to try written
defamation cases regardless of whether the offense is committed in relation to office. The broad and general phraseology of
Section 4, Presidential Decree No. 1606, as amended by Republic Act No. 8249,44 cannot be construed to have impliedly repealed,
or even simply modified, such exclusive and original jurisdiction of the RTC.45

Since jurisdiction over written defamations exclusively rests in the RTC without qualification, it is unnecessary and futile for the
parties to argue on whether the crime is committed in relation to office. Thus, the conclusion reached by the trial court that the
respondent committed the alleged libelous acts in relation to his office as former COMELEC chair, and deprives it of jurisdiction to
try the case, is, following the above disquisition, gross error. This Court, therefore, orders the reinstatement of Criminal Cases Nos.
Q-02-109406 and Q-02-109407 and their remand to the respective Regional Trial Courts for further proceedings. Having said that,
the Court finds unnecessary any further discussion of the other issues raised in the petitions.

WHEREFORE, premises considered, the consolidated petitions for review on certiorari are GRANTED. Criminal Cases Nos. Q-02-
109406 and Q-02-109407 are REINSTATED and REMANDED to the Regional Trial Court of Quezon City for further proceedings.

SO ORDERED.