Remarks against officials not slander if about performance — SC

The Supreme Court has ruled that remarks made against public officials are not considered slander if it is about the performance of their duties, saying that free speech empowers the public in holding officials accountable.

In a 16-page decision, the SC Second Division stressed that freedom of speech and its cognate rights are indispensable in a democracy.

“Recognizing that free speech empowers the citizens in exacting accountability from public officers, conviction for defamation involving statements related to their discharge of official duties entails proof that they were made with actual malice,” it said.

“Actual malice cannot be presumed,” it added.

The SC stressed that persons of authority, especially those elected by the public, must be prepared for scrutiny as well as criticisms, saying that being sensitive has no place in public service.

“Being ‘sensitive’ has no place in this line of service, more so when allowing otherwise has the potential to create a chilling effect on the public,” it said.

The SC issued the remark as it acquitted Argelyn Labargan of grave oral defamation against a barangay kagawad in Lanao del Norte.

The kagawad mediated between Labargan and another individual in a barangay conciliation to settle their dispute.

As the kagawad was passing by Labargan’s house, she heard Labargan yell that she was dull, uneducated, ignorant, and biased towards the other individual.

The Municipal Circuit Trial Court found Labargan guilty of grave oral defamation. The Regional Trial Court and the Court of Appeals upheld the conviction.

In its ruling, however, the SC said that Labargan’s criticisms were on the kagawad’s competence as well as in relation to her duties as a public officer.

“While petitioner’s declarations may be offensive, they are not actionable by themselves,” the Court said.

The decision was promulgated in December 2023 but published only Wednesday, 16 October 2024. — RSJ, GMA Integrated News