LIBEL (ART 353, Revised Penal Code)

Is a defamation committed by means of writing, printing, lithography,

engraving, radio, phonograph, theatrical, painting or cinematographic
exhibition or other similar means.
Slander is oral defamation.

Elements of defamation/libel:
1. That there must be an imputation of a crime, of a vice or defect,
real or imaginary, or any act, omission, status or circumstance
- Expression of opinion by one affected by the act of another and based on
actual fact is not libelous (ex. If a person is unfair in distributing her property
and the heir appears to be deprived of her share)
- To escape liability, communication must be made in the performance of a
legal, moral, or socialduty
2. That the imputation must be made publicly
- NO CRIME OF LIBEL IF IT IS NOT PUBLISHED
3. That it must be malicious
- malice must be proved.
- Malice- is a term used to indicate the fact that the offender is prompted by
personal ill-will or spite and speaks not because it is his duty, but merely to
injure the reputation of the person defamed.
- Malice in fact- may be shown by proof of ill-will, hatred or purpose to injure
- Malice in law- presumed from the defamatory imputation. Proof of malice
not required, because it is presumed to exist from the defamatory statement.
- If privileged communication (defense), prosecution needs to prove
malice in fact.
4. That the imputation must be directed to a natural or juridical person
or one who is dead
- to satisfy the element of identifiability, it must be shown that at least a third
person or a stranger was able to identify him as the object of the defamatory
statement.
- If defamatory remarks are directed at a group of persons, NOT LIBEL. Except
if that statement is sweeping or all-embracing as to apply to every individual
in that group, so that every individual could say that the defamatory
statement is specifically pointed to him, then he can bring the action to court.
5. That the imputation must tend to cause the dishonor, discredit or
contempt of the person defamed
How do you know if the words are of a defamatory character?
-

Words will be interpreted in its entirety and taken in their plain, natural and
ordinary meaning as they would naturally be understood by persons reading
them

Whether it is libelous DEPENDS upon the scope, spirit and motive of the
publication

*As a general rule, when the imputation is defamatory, the prosecution

need not prove malice on part of defendant. The law presumes that the
defendants imputation is malicious.
PRIVILEGED COMMUNICATIONS:
- Meaning malice in law is not presumed and you need to show proof of malice
1. A private communication made by any person to another in the performance
of any legal, moral or social duty
2. A fair and true report, made in good faith, without any comments or remarks ,
of any legislative, judicial or other official proceedings not of confidential
nature or any statement, report or speech delivered in said proceedings or of
any other act performed by public officers in the exercise of their functions.
- May be absolute or conditional
Absolutely privileged communication
-

Cannot sue for libel (ex. Statements made by members of Congress in

discharge of their functions or allegations of lawyers in their pleadings or
answers given by witnesses)

Conditionally privileged communications

-

Those which, although containing defamatory statements cannot be sued for

libel unless made with bad faith or malice

Medyo mahirap yata intindihin, pero guidelines lang to. If you need
me to explain some concepts, sabihan mo nalang kuya mo tapos I
can drop by sa house para iexplain