Reyes 2001 Book II Outline - Title Thirteen
Title ThirteenCRIMES AGAINST HONOR
Kiddy
and
Mondy
What are the crimes against honor?1. Libel by means of writings or similar means2. Threatening to publish and offer to prevent such publication for a compensation3. Prohibited publication of acts referred to in the course of official proceedings4. Slander 5. Slander by deed6. Incriminating innocent person7. Intriguing against honor
Chapter OneLIBELSection One - Definition, forms, and punishment of the crimeArt. 353.
Definition of libel.
— A libel is public and malicious imputation of a crime, or of a vice or defect,real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor,discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Defamation is the proper term for libel as used in Article 353
•
Libel is a defamation committed by means of writing, printing, lithography, engraving, radio, phonograph, painting or theatrical or cinematographic exhibition or any similar means.
•
Oral defamation is slander. No distinction between calumny, insult and libel
•
The RPC punishes all kinds of attack against honor and reputation, thereby eliminating the distinction between calumny, insult and libel.Seditious libel is punished, not in this Chapter but in Article 142
•
A person who, feigning suicide, writes a supposed suicide note calling the government as one of thecrooks and dishonest persons infested with Nazis and Fascists commits seditious libel.Reasons why defamation is punished
•
The enjoyment of private reputation is as much a constitutional right as the possession of life, liberty and property. The society recognizes the value of such reputation and imposes upon him who attacks it, byslanderous words or libelous publication, the liability to make full compensation for the damages done.Elements of defamation1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission,condition, status, or circumstance.2. That the imputation must be made publicly.3. That it must be malicious.
Cavaet: this is not free from errors. Possession of this document Constitutes as a waiver of the authors from any liability whatsoever
1
Reyes 2001 Book II Outline - Title Thirteen
Kiddy
and
Mondy
4. That the imputation must be directed at a natural or juridical person, or one who is dead.5. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed.There must be defamatory imputation. The imputation may cover:1. Crime allegedly committed by the offended party;2. Vice or defect, real or imaginary, of the offended party; or 3. Any act, omission, condition, status or, or circumstance relating to the offended party.Test of defamatory character of the words used
•
A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person against whom they were uttered was guilty of certain offenses, or are sufficient to impeach hishonesty, virtue or reputation or to hold him up to public ridicule.The meaning of the writer is immaterial
•
It is not the intention of the writer or speaker, or the understanding of the plaintiff or of any hearer or reader by which the actionable quality of the words is to be determined, but the meaning that the words infact conveyed on the minds of persons or reasonable understanding, discretion and candor, taking intoconsideration the surrounding circumstances which were known to the hearer or reader.
•
The alleged libelous article must be construed as a whole. The article must be construed in its entiretyincluding the headline. Whether it is libelous depends on upon the scope, spirit and motive of the publication taken in its entirety.
•
Praise undeserved is slander in disguise. (Jimenez v. Reyes)
•
Publication, even if intended for humor, may be libelous when the language used passed from the boundsof playful jest and intensive criticism into the region of scurrilous calumniation and intemperate personalities.Imputation of criminal act
•
An article which portrays the offended party as a swindler who, prior to his election as municipal president, collected money from several inhabitants of the town through fraud and deceit and constructeda house worth P40,000 with the money so collected, imputes the commission of the crime of estafa to theoffended party.
•
Branding somebody as having murdered his brother-in-law, enriching himself at the expense of otherswho trusted him, calling one a bigamist and becoming rich overnight through questionable transactionsand influence peddling, winning in an election through mass fraud and rampant vote-buying because of the influence of the brother-in-law are obviously libelous and slanderous for they are maliciousimputations of criminal acts tending to cause dishonor, discredit and contempt of the complainant.Imputation of a crime may be implied from the acts and statements of the accused
•
While it is true that "A" did not call "B" a thief, the implication of her acts and statements are clearly tothat effect. She confronted the complainant regarding the loss of her money, telling "B" that she was theonly one who approached her table and that as soon as the complainant left, the money had disappeared.All these statements were made in a loud voice in the presence of many persons subjecting offended partyto embarrassment and ridicule before other bank employees. These acts likewise unravel the existence of malice in fact.
Cavaet: this is not free from errors. Possession of this document Constitutes as a waiver of the authors from any liability whatsoever
2
Reyes 2001 Book II Outline - Title ThirteenImputation of criminal intention not libelous
Kiddy
and
Mondy
•
Such imputation is not libelous because intent to commit a crime is a violation of the law. This is more so,when it is a mere assertion or expression of opinion as to what will be the future conduct of another.An expression of opinion by one affected by the act of another and based on actual fact is not libelous
•
But in order to escape criminal responsibility for libel or slander, it is not enough for the party who writesa defamatory communication to another to say that he expresses therein no more than his opinion or belief. The communication must be made in the performance of a "legal, moral or social duty."Imputation of a vice or act
•
When a person, in an article, imputes upon the persons mentioned therein, lascivious and immoral habits,that article if of a libelous nature as it tends to discredit the persons libeled in the minds of those readingthe said article.Imputation of an act and omission
•
An article signed by the accused and published in the Philippine Herald says that the offended party usedto borrow money without intention to pay; that he had ordered the fixing of his teeth without paying thefees for the services; etc. contains and imputation of an act and omission which is defamatory. (People v.Tolentino)Imputation of condition, status or circumstance
•
Calling a persona bastard or leper within the hearing of other persons is defamatory, because there is animputation of a condition or status which tends to cause dishonor or contempt of the offended party.
•
The accused was declared guilty of the crime of libel for writing and publishing an article containing thewords, "coward, vile, soul, dirtsucker, savage, hog who always looks toward the ground" which refer tothe offended party.
•
To say that a person is a "mangkukulam" is to impute to her a vice, condition, or status that isdishonorable and contemptible since it accuses her of having employed the black art.
•
The attribution to her of the death of three persons is an imputation of a crime.Meaning of publication
•
Communication of the defamatory matter to some third person/s.Publication of the defamatory imputation
•
Delivering the articles to the typesetter is sufficient publication. (US v. Crame)
•
Sending to the wife, a letter defamatory of her husband, is sufficient publication. (US v. Ubana) NOTE: The person defamed is the husband and the wife is the third person to whom the publication is made.
•
Sending a letter in a sealed envelope through a messenger is NOT publication. (Lopez v. Delgado)
•
Writing a letter to another person other than the person defamed is sufficient to constitute publication, for the person to whom the letter is addressed is a third person in relation to its writer and the person defamedtherein.There is publication of defamatory letter not shown to be sealed when sent to the addressee
Cavaet: this is not free from errors. Possession of this document Constitutes as a waiver of the authors from any liability whatsoever
3
Search History:
Result 00 of 00
00 results for result for
p.
Recommended
More From This User
Notes
Load more
