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Rafael S. Mercado vs. Court of First Instance of Rizal, Branch V, et al.

RAFAEL S. MERCADO, petitioner, vs. COURT OF FIRST INSTANCE OF RIZAL, BRANCH V, CITY FISCAL OF QUEZON CITY, and VIRGINIA M. MERCADO, respondents.

G.R. No. L-38753 | 1982-08-25

D E C I S I O N


FERNANDO, J.:

The relevant question in this suit is whether or not the landmark case of United States v. Bustos, [1] enunciating the doctrine that the free speech and free press guarantees of the Constitution constitute a bar to prosecutions for libel arising from a communication addressed to a superior complaining against the conduct of a subordinate, is impressed with significance. The information in this certiorari, mandamus and prohibition proceeding to quash an information for libel quoted in full the alleged offensive telegram. Thus: "[Secretary David Consunji Department of Public Works and [Communications] Manila...