On-the-spot narrative of the incident at 6:15am today June 27, 2020 as part of the res gestae (names and places redacted), the hurriedly handwritten report/complaint filed at 6:15 am today five minutes after the incident complained of (i have a notepad and ballpens in the glove compartment of the vehicle)
June 27, 2020 6:15 am Parking Lot of ____________
FOR: The ___________ (name of office) FROM: Atty./Asst Prof. Marichu C. Lambino – – – – – – – – – – – – – – – – – – – – –
COMPLAINT versus ____________
Five minutes ago, at about 6:10 am, after I had asked permission from the security guard on duty at the Parking Lot of _______________, which was TWO BLOCKS FROM WHERE I LIVE, and while I was completing a moderate 30-minute run around the rotunda , ALL ALONE WITH NO ONE IN SIGHT WITHIN A 5-KILOMETER RADIUS VERY EARLY IN THE MORNING STARTING AT 6am, on my 15th minute, a _______ _________ (occupation of the person) whom I later found out was named _______________ got off his motorbike and tried to approach me, I told him not to get physically near me because I might catch a virus from him. And he said he wanted to approach me to prohibit me from being in the area because of a memo, I introduced myself and said moderate exercise in a secluded area while ALONE was allowed and that I got permission from the security guard on duty, and he continued to approach me and I said he should not physically get near me as I might get infected and he answered “Sobra naman, wala akong sakit” and he continued to approach me and I raised my voice in order to get the attention of any other person in the buildings and asked him to give his name and I further introduced myself stating my name and my work and that was when he stopped physically getting near me when I raised my voice. (Then, two casual male bikers came along, and he did not accost them, only me. Perhaps because I was female. )
This is to hereby file a complaint for harassment against said ________ for trying to physically approach me and get near me while I was peacefully running ALONE by myself on the rotunda of the _____________ at 6:15 am today.
Uplifting Ads: Here’s the YouTube version, libel prescriptive period, etc. on Headstart by Karen Davila on ABS-CBN News Channel; the June 15 episode one hour BEFORE the promulgation of the libel case against journalists Rappler CEO Maria Ressa and reporter Rey Santos Jr. . Headstart airs weekdays 8am on Channel 27 with replays at middays.
Legal Discussion in the show: In Philippine jurisdiction, there are two paradigms of law that are involved in libel law and jurisprudence: The Revised Penal Code (RPC) of Spanish medieval origin, and the defenses in libel (privileged communication, the Public Figure Doctrine, etc) of American constitutional law origin. “Good faith” as a defense is mentioned in the libel law provision of the RPC but not defined; its definition and exposition can be found in constitutional law jurisprudence, i.e., cases in constitutional law, e.g., the Public Figure Doctrine.
Generally, every defamatory imputation is presumed malicious and generally truth is not a defense, i.e., defamation automatically carries with it the element of malice (malice presumed, no necessity to prove malice), since most people are private persons; HOWEVER, there is good faith when the Public Figure Doctrine is involved, i.e, when the news organization can show that the report involves public officials or public figures, and the report is substantially true, and it is based on sources (no “reckless disregard for the truth”), then there is absence of malice; there is no liability. This is privileged communication in libel law, it is a defense in libel, and no liability will attach for libel. Who are public figures? For the different categories of who public figures are: See Borjal vs. Court of Appeals with annotation by Justice Coquia , and many other cases. A public figure is anyone who gains prominence by reason of any of the following : crime, or because of their profession (actors, athletes, etc) , or accomplishment, or being a prodigy (talent), or heroism, or advocacy, etc etc., or being in the catch-all category “involvement in a newsworthy event.” Newsworthy events include the following :
Traditional Elements of News : crime, tragedies, street accidents, calamities, wars, epidemics, oddity, scientific inventions, social conflicts, etc., etc….
In such a case, as stated, you’ll need to show that your report is substantially true and that it is based on sources.
Here’s a quick, fast summary in the 17-minute excerpt of Headstart ably anchored by Karen Davila (video below)
