Just in case some members of the bar still don't know it, retired Supreme Court Justice Jose Y. Feria already passed away early last month at the age of 91 due to a lingering illness.

We still had the privilege of having him as our bar reviewer in Special Civil Actions at San Beda College in Manila. We remember transferring seats when it would be his bar review schedule as he was fond of calling bar reviewees for an instant oral recitation.

Justice Feria was appointed to the Supreme Court in 1986 and served for a year before retiring at 70, the mandatory age of retirement.

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Feria was a writer, an academician and a politician. He taught law at the Lilian College of Law (1936-1940) and the University of Sto. Tomas (1940-1984). He was dean of the UST College of Law from 1979 to 1985.

He was also a lecturer at the University of the Philippines Law Center and at the Institute de Derecho Processal, Colegio de Abogados in Madrid, Spain.

He was also a delegate to the 1971 Constitutional Convention. He has authored the book Civil Procedure, Provisional Remedies & Special Civil Action and several articles on Constitutional Law, Annotation on Judiciary Reorganization Act, Interim Rules of Court & 1985 Rules on Criminal Procedure.

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Just recently, the Supreme Court has affirmed the libel conviction of showbiz columnist Cristinelli "Cristy" Fermin and ordered her to pay a Php6,000 fine and Php500,000 each to Annabelle Rama Gutierrez and her husband, Eddie Gutierrez, for moral damages.

In Fermin v. People, GR 157643 penned by another former politician and bar reviewer, Justice Antonio Eduardo Nachura, the Court's Third Division affirmed the decision of the Court of Appeals (CA), which had convicted Fermin of libel while acquitting her co-respondent Bogs Tugas.

Fermin and Tugas were the publisher and editor-in-chief, respectively, of Gossip Tabloid which had published a derogatory article on June 14, 1995 alleging that the Gutierrezes fled to the Philippines after pocketing the proceeds from the sale of expensive cookware instead of remitting the money to the manufacturer in the United States. The article also alleged that Annabelle was a heavy gambler.

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In stressing the presence of the important elements of libel in that article, the High Tribunal ruled in this wise: "To say that the article, in its entirety, is not libelous disturbs one's sensibilities; it would certainly prick one's conscience. There is evident imputation of the crime of malversation; of vices or defects for being fugitives from the law; and of being a wastrel. The attribution was made publicly….The victims were identified and identifiable. More importantly, the article reeks of malice, as it tends to cause the dishonor, discredit, or contempt of the complainants"

The Supreme Court also held that Fermin and Tugas failed to adduce evidence to show the truth of the allegations in the article despite the opportunity to do so. It found Fermin's arguments "too simplistic," stressing that as publisher, president, and chairperson of Gossip Tabloid, she had "full control over the publication of articles in the said tabloid."

The Court, however, said it cannot reinstate the ruling of the trial court convicting Tugas following his acquittal by the CA. Fermin and Tugas were convicted by the Quezon City Regional Trial Court. On appeal, the CA upheld Fermin's conviction but acquitted Tugas.

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