Professional Documents
Culture Documents
- Defense of honor
- Usual defence for this type of crime
o But usually ruled against
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OPTION 2
- Counterclaim = oral defamation
Definition:
Speaking of base and defamatory words which tend to prejudice another in his reputation,
office, trade, business or means of livelihood
A. Factors to consider:
1. The expression used including their sense, grammatical significance and accepted
ordinary meaning
2. The personal relations of the accused and the offended party, as when both are bitter
enemies
3. The special circumstances of the case and its antecedents, such as the time, place and
occasion of the utterances, persons present
B. Words uttered in the heat of anger or in a quarrel, with some provocation on the part of
the victim, is simple slander.
> The victim may not have heard the words, it is enough that a third person heard them.
> Words uttered in one occasion and place and directed at several persons not mentioned
individually constitute only one offense.
> Words used as expletives (to express anger, displeasure, are not defamatory)