CASE DIGEST : JIMENEZ VS CABANGBANG

 G.R. No. L-15905             August 3, 1966

NICANOR T. JIMENEZ, ET AL., plaintiffs and appellants, vs. BARTOLOME CABANGBANG, defendant and appellee.

FACTS : This is an ordinary civil action, originally instituted in the Court of First Instance of Rizal, for the recovery, by plaintiffs Nicanor T. Jimenez, Carlos J. Albert and Jose L. Lukban, of several sums of money, by way of damages for the publication of an allegedly libelous letter of defendant Bartolome Cabangbang. Upon being summoned, the latter moved to dismiss the complaint upon the ground that the letter in question is not libelous, and that, even if were, said letter is a privileged communication. This motion having been granted by the lower court, plaintiffs interposed the present appeal from the corresponding order of dismissal.

ISSUE : WON the publication in question is a privileged communication

HELD : Said expression refers to utterances made by Congressmen in the performance of their official functions, such as speeches delivered, statements made, or votes cast in the halls of Congress, while the same is in session, as well as bills introduced in Congress, whether the same is in session or not, and other acts performed by Congressmen, either in Congress or outside the premises housing its offices, in the official discharge of their duties as members of Congress and of Congressional Committees duly authorized to perform its functions as such, at the time of the performance of the acts in question

he publication involved in this case does not belong to this category. According to the complaint herein, it was an open letter to the President of the Philippines, dated November 14, 1958, when Congress presumably was not in session, and defendant caused said letter to be published in several newspapers of general circulation in the Philippines, on or about said date. It is obvious that, in thus causing the communication to be so published, he was not performing his official duty, either as a member of Congress or as officer or any Committee thereof. Hence, contrary to the finding made by His Honor, the trial Judge, said communication is not absolutely privileged