Atty. Ephraim Cortez, president of the National Union of Peoples’ Lawyers (NUPL), said two mall goers did not act with malice when they told former Commission on Elections (COMELEC) Commissioner Rowena Guanzon to cover her mouth or go home while coughing in public.
Cortez explained that for Guanzon to accuse them of unjust vexation or grave oral defamation, malice must be proven. He added that the mall goers had the right to raise concerns about someone coughing, especially given the recent pandemic.
“Considering the context na sa lipunan after COVID-19, mag-aalala ka talaga pag may inuubo at marami pang viruses na lumalabas ngayon. It is natural for anyone na inubuhan sa harapan na mag raise ng concern,” he said in a radio interview.
Guanzon, in a Facebook video, said she felt humiliated by the mall goers.
“Napahiya talaga ako dun sa ginawa nung taong ‘yon. Sabihan ka ba naman, ‘Don’t you have money to buy a mask?’… Grabe naman. Bawal pala sa kanya kahit umubo ka lang minsan,” she said.
She also criticized the person who recorded her, saying, “You have violated my right to privacy and that is a criminal offense.”
Cortez noted that grave oral defamation involves falsely accusing someone of a crime or wrongdoing with intent to harm, while unjust vexation refers to statements that may irritate an innocent person.
“Base sa ikinwento, hindi pasok sa elemento ng 2 krimen na sinasabi…It doesn’t constitute a crime kung hindi maganda ang pagkakasabi. Malice is essential sa 2 sinabi na crimes. Hindi ‘tatayo,” he explained.