Natalio B. Bacalso and his libel case

Natalio B. Bacalso sometime in 1947 published in one sheet of paper written in Bisaya, the following alleged defamatory words translated into English:

"MY PLEA TO THE CEBUANOS Because Morelos, as head of the PRRA wanted to sell flour outside of Cebu preferring that the Chinese could make money, notwithstanding that the inhabitants of the City would suffer;

Because Morelos, as president of the Municipal Board of the City of Cebu, made money out of the copra ordinance;

Because, Morelos has a gang in which Zapanta, Seno and companions are members, who, instead of serving the people are only serving for their own good, I plead with great humility, to all upright Cebuanos not to elect these men that I mentioned above.

Because Espina was merely appointed mayor of the City of Cebu in order to be made a Herod to go after and dismiss policemen and employees who are without guilt;

Because Espina, now is to be transferred to the capitol in order to be made executioner (berdugo) of the employees whom they want to be executed;

Because, even he was still in Ormoc, Espina was nearly killed by his tenants because he grabbed lands, I plead that Espina should be buried by all upright Cebuanos.

President Roxas in his speech made yesterday, when he mentioned about the candidates for councilors in the City of Cebu, said: Give me honest men in the City Board, and will cooperate with them. "These men mentioned above are not honorable and we should cast them aside on election day."

The subject of the attack printed on leaflets were Councilor Marcos Morelos, the president of the Municipal Board of Cebu City, today's equivalent to the position of vice mayor and Dr. Luis Espina, the mayor of Cebu City from May 27, 1947 to September 5, 1947. Zapanta and Seno were members of the Municipal Board of the City of Cebu. The election referred in the leaflet was the election to be held on November 11, 1947.

The two officials filed a case of libel against Natalio B. Bacalso and Vicente del Rosario, two cases were filed, one was raffled to the branch of the Court of First Instance, presided by Judge Moscoso, and the other one to Judge Martinez.

Judge Martinez dismissed the case explaining that though two persons claimed to be aggrieved by the libel, it was a result of a single act therefore only one single indictment should be filed.

Mayor Espina and Councilor Morelos appealed the ruling of Judge Martinez and went to the Supreme Court. Then on April 20, 1950, the Supreme Court decided reversing the ruling of the lower court dismissing the case and instead ordered that it be remanded to the Court of First Instance for further proceeding.

The Supreme Court explained that a contrary ruling, just like the dismissal of the libel case would deprive the offended parties of their right to vindicate their honor and reputation by proving the falsity or malice of the defamatory imputation.

Manuel Acuna Roxas defeated Don Sergio Suico Osmena as president on the election held on April 23, 1946. The defeat of Osmeña the incumbent president then who made interim appointments when he succeeded President Quezon also resulted to the loss of political power of his supporters. Roxas, who originally was a member of the Nacionalista Party and under the wings of Osmeña built his own political empire by abandoning the Nacionalista and founded the Liberal Party.

When the Senate was convened on July 1945, Roxas was elected as Senate president. Roxas assumed the presidency of the Republic of the Philippines on May 28, 1946. President Roxas was not able to finish his term as he died on April 15, 1948.

Dr. Luis Espina was appointed by President Manuel A. Roxas as Interim Member of the Provincial Board of Cebu. His appointment was confirmed by the Commission on Appointments on February 24, 1948.