DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

CAUSING POSTED IN FACEBOOK A LIBELOUS STATEMENT AGAINST REPR HERNANDEZ OF SOUTH COTABATO. FISCAL RULE THERE IS PROBABLE CAUSE. INFORMATION WAS FILED. CAUSING FILED MOTION TO QUASH ON GROUND OF PRESCRIPTION. SEC 4, ART 90 OF RPC PROVIDES THAT LIBEL PRESCRIBES IN ONE YEAR. RTC DENIED THE MOTION TO QUASH. HENCE THIS CASE. THE SUPREME COURT RULED THAT PRESCRIPTION FOR LIBEL IS ONE YEAR BASED ON SEC 4 ART 90 AND CLARIFIED THAT THE PERIOD IS COUNTED FROM DATE OF DISCOVERY NOT FROM DATE OF PUBLICATION OR POSTING. SINCE DATE OF DISCOVERY IS NOT ASCERTAINED YET THERE MUST BE TRIAL SO EVIDENCE CAN BE PRESENTED TO DETERMINE DATE OF DISCOVERY.

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