G.R. No.

1051 May 19, 1903

The United States, complainant-appellee,

vs.
Fred L. Dorr, et al., defendants-appellants.

FACTS: 1. The defendants were alleged to have committed an offense of writing,

publishing, and circulating a scurrilous libel against the Government of the
United States and the Insular Government of the Philippine Islands.

2. The alleged libel was published as an editorial in the issue of the “Manila
Freedom” dated on April 6, 1902, under the caption of “A few hard facts.”

3. The published article criticized certain persons appointed by the Civil

Commission and referred to them as “rascals”.

The following are part of the article:

"The Commission has exalted to the highest positions in the islands Filipinos
who are alleged to be notoriously corrupt and rascally, and men of no
personal character.”

"It is a notorious fact that many branches of the Government organized by the
Civil Commission are rotten and corrupt. The fiscal system, upon which life,
liberty, and justice depends, is admitted by the Attorney-General himself to be
most unsatisfactory. It is a fact that the Philippine judiciary is far from being
what it should. Neither fiscals nor judges can be persuaded to convict
insurgents when they wish to protect them.”

4. The respondents were alleged to have committed a violation of Section 8 Act

No. 292 of the Commission.

ISSUE: Whether the article published constitutes an offense under Section 8 of Act
No. 292.

HELD: The article in question produces none of the effects enumerated in Section 8
 of Act No. 292. In addition, the same provision refers to libel of the
government in general, and not of specific individuals.

The article in question, attacked the Civil Commission and some of its individual
members, not the governmental system. Hence, it falls outside the purview of Act
No. 292.

The judgment of conviction is reversed and the defendants are ACQUITTED,

with costs de officio.

NOTES:

● Section 8 Act No. 292:

Every person who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels
against the Government of the United States or the Insular Government of the Philippine Islands, or
which tend to disturb or obstruct any lawful officer in executing his office, or which tend to instigate
others to cabal or meet together for unlawful purposes, or which suggest or incite rebellious conspiracies
or riots, or which tend to stir up the people against the lawful authorities or to disturb the peace of the
community, the safety and order of the Government, or who shall knowingly conceal such evil practices,
shall be punished by a fine not exceeding two thousand dollars or by imprisonment not exceeding two
years, or both, in the discretion of the court.

● Libel
a published false statement that is damaging to a person's reputation; a written defamation.

● Scurrilous
making or spreading scandalous claims about someone with the intention of damaging their
reputation.

synonyms: libelous, defamatory

● Rascal
applied to persons of bad character.

● De officio
refers to a case being prosecuted upon information signed by the prosecuting officer rather than
upon a complaint signed by the complaining party.