The Court of Appeals has upheld a resolution of the Department of Justice that dismissed the libel complaint filed by an oil company against former Bureau of Customs Commissioner Napoleon Morales in 2010.
In a 19-page ruling written by Associate Justice Amy Lazaro-Javier, the CA’s Special Ninth Division denied the petition filed by Pilipinas Shell Petroleum Corp. against Morales.
The CA upheld the ruling of the DOJ dated Feb. 13, 2012 and March 17, 2015.
Shell, through its vice president for Communications Roberto Kanapi, anchored its complaint-affidavit dated Aug. 16, 2010 on the alleged libelous statements of Morales during an interview with Erwin Tulfo over radio station DZXL on Jan. 18, 2010.
During the interview, Morales accused Shell of committing fraud in declaring its imported petroleum products as “tetrapropylene,” a lubricant, instead of its correct classification as unleaded gas.
Shell filed a complaint for libel before the Makati City Prosecutor’s Office but it was denied.
This prompted the oil company to seek redress before the DoJ and later elevated the case to the appellate court.
“Morales cannot be accused of libel for he was merely stating the position of the government,” the CA ruling said.
“As has been repeatedly emphasized, fair commentaries on matters of public interest do not constitute libel,” it added.
Concurring with the ruling were Associate Justices Ramon Paul Hernando and Melchor Sadang.