THE Supreme Court (SC) ruled that statements against public officials are not always defamatory or slanderous if they pertain to the performance of their official duties unless done with malice.

In a ruling, written by Senior Associate Justice Marvic M.V.F. Leonen, the high court’s Second Division said that actual malice must be proven to count remarks against public officials as defamatory or slanderous, citing Article 358 of the Revised Penal Code.

The Code provided that there is oral defamation or slander when (1) there is an allegation of a crime, fault, or flaw; (2) made orally; (3) publicly; (4) maliciously; (5) towards a person, alive or dead; and (6) such allegation tends to cause dishonor on the person defamed.

“In interpreting laws criminalizing defamation of public officers, this Court notes that protection of these fundamental rights is primordial,” the 15-page decision, promulgated on Dec. 6, 2023, read. It was publicly released on Oct. 16.

“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. Actual malice cannot be presumed,” it added.

The ruling stemmed from a Lanao del Norte village officer who accused her neighbor of grave oral defamation and other light threats following a series of confrontations.

The village officer had mediated in a barangay conciliation to settle disputes between two individuals.

The mother of one party, however, said the village officer should not have mediated “because she is dumb, has not gone to school, and is ignorant.” The ruling noted that many people allegedly heard the statements.

This prompted the village officer to raise the issue before the Municipal Trial Court, which convicted the accused of oral defamation but junked the light threat charge. The accused appealed the ruling before the Court of Appeals, which also upheld her conviction.

The accused then filed a petition before the SC, which ruled in her favor.

The high court said the remarks made by the accused were related to the official’s duties as a village officer and the prosecution failed to prove actual malice.

“Being ‘sensitive’ has no place in this line of service, especially when allowing otherwise has the potential to create a chilling effect on the public,” the top court’s decision read. — Chloe Mari A. Hufana

FILIPINO VOTERS remain easy prey for clientelistic campaigning, a political science analyst said, as the Tulfo-led ACT-CIS dominate a party-list survey conducted by research firm Acquisition Apps, Inc.

“The angle of clientelism is also facilitated by the fact [that] the emerging middle class and electorate are themselves brought up in clientelistic norms,” Hansley A. Juliano, who teaches political science at the Ateneo de Manila University, said in a Facebook Messenger chat.

“It doesn’t say anything new about Filipino voters: they remain vulnerable and due to lack of progressive legislation/policy regulation that uplifts their economic conditions, they will remain vulnerable, which makes them easy prey for clientelistic campaigning,” he added.

Mr. Juliano was reacting to a survey made by Acquisition Apps which showed ACT-CIS is poised to win three seats at the House of Representatives in next year’s midterm elections.

In an e-mail statement on Wednesday night, the survey showed the group garnered the top rank with 11.21% voter preference.

Other party-lists projected to win two seats were 4Ps party list (3.66%); Ako Bicol Party list (3.58%); 1-Rider Party list (2.82%); ACT Teachers Party list (2.67%); and GABRIELA Party list (2.51%).

Meanwhile, Malasakit@Bayanihan Party List (1.83%), AGRI (1.68%), Duterte Youth Party List (1.68%), Senior Citizens Party List (1.60%), and Ako Bisaya Party List (1.52%) are among 39 incumbent party-list groups expected to secure a seat.

Two newcomers were seen winning a seat, with Solid North Party List (1.07%) and FPJ Panday Bayanihan (FPJPB) Party list (1.00%).

The survey was conducted last Oct. 1 to 4, with 2,400 respondents. — Chloe Mari A. Hufana

FORTY-FIVE overseas Filipino workers (OFWs) were repatriated on Thursday from war-torn Lebanon, according to the Department of Migrant Workers (DMW).

In a Facebook post, the agency said the 45 OFWs and two children were aboard Kuwait Airways 417 from Beirut.

This batch is one of the biggest groups the DMW has assisted through voluntary repatriation since fighting erupted in the Middle Eastern country in late 2023, it said in a separate Viber message to BusinessWorld.

The 45 repatriated Filipinos were on top of 480 OFWs and a total of 30 dependents who have been sent home due to the fighting, based on DMW data.

The Middle East has been facing increased tensions attack of Hamas in Israel since Oct. 7, 2023.

Hezbollah, a Lebanese militant group in support of Palestine, has been launching a series of attack against Israel to show support.

As a result, the Israel Defense Forces retaliated by also launching attacks against Lebanon. — Chloe Mari A. Hufana