Definition of Libel/Defamation

By criminologists - Sunday, May 25, 2014 - No Comments

ART.353

ELEMENTS:
1. 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;
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.

Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status
or circumstances tending to cause the dishonor,
discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Kinds of malice:
(a) malice in law that which should be proved, or
(b) malice in fact that which may be taken for granted due to the grossness of the imputation.

Defamation is the proper term for libel as used in Article 353

Defamation: may be libel or slander

No distinction between calumny, insult, and libel: all kinds of attack against honor and reputation is punished

Malice is presumed to exist in injurious publications.

Publication is the communication of the defamatory matter to some third person/s.

Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that
the description of the person referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have
identified the offended party.

It is essential that the victim be identifiable, although it is not necessary that he be named.

Meaning of writer immaterial

Defamatory remarks directed at a group of persons are not actionable unless the statements are all embracing or sufficiently specific
for each victim to be identifiable.

There are as many counts of libel as there are persons defamed.

To presume publication, there must be a reasonable probability that the alleged libelous matter was thereby exposed to be read or
seen by 3rd persons.

In libel, the false accusation need not be made under oath. Perjury requires that the false accusation is made under oath

Seditious libel is punished under Article 142

Criteria to determine whether statements are defamatory:

1. Words are calculated to induce the hearers to suppose and understand that the person against whom they are uttered were guilty
of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hold the person up to public ridicule; and
(US v OConnel)

2. Words are construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer.
(People vs. Encarnacion)

There is no crime if the defamatory imputation is not published, meaning, it is not communicated to a third person.

People v. Velasco (2000)

DOCTRINE OF FAIR COMMENT: Fair commentaries on matters of public and interest are privileged constitute a valid defense in an
action for libel or slander.

In order that a discreditable imputation to a public official may be actionable, it must either be:
- A false allegation of fact; OR
- A comment based on a false supposition.

Ayer Productions v. Capulong (1988)

PUBLIC FIGURE one who, by his accomplishments, fame, mode of living, OR by adopting a profession or calling which gives the
public a legitimate interest in his doings, his affairs and his character, has become a public personage

Borjal v. CA (1999)
For a statement to be considered malicious, it must be shown that it was written or published with the knowledge that they are false
OR in reckless disregard of WON they were false

RECKLESS DISREGARD the defendant entertains serious doubt as to the truth of the publication, OR that he possesses a high
degree of awareness of their probable falsity

To avoid self-censorship that would necessarily accompany strict liability for erroneous statements, rules governing liability for injury
to reputation are required to allow an adequate margin of error by protecting some inaccuracies.

Slander - Oral Defamation

By criminologists - Monday, May 26, 2014 - No Comments

ART.358

KINDS OF ORAL DEFAMATION:

1. Grave slander - defamation is of a serious and insulting nature;
2. Simple slander - light insult or defamation.

FACTORS THAT DETERMINE GRAVITY OF THE OFFENSE:

1. expressions used
2. personal relations of the accused and the offended party,
3. circumstances surrounding the case, and
4. social standing and position of the victim.

Words uttered in the heat of anger constitute light oral defamation.

If the utterances were made publicly and were heard by many people and the accused at the same time pointed his finger at the
complainant, oral defamation is committed.

Slander By Deed

By criminologists - Monday, May 26, 2014 - No Comments

ART.359

ELEMENTS:
1. That the offender performs any act not included in any other crime against honor;
2. That such act is performed in the presence of other person or persons; and
3. That such act casts dishonor, discredit or contempt upon the offended party.

Seriousness of slander by deed depends on the social standing of offended party, the circumstances surrounding the act, the
occasion

Distinctions:
1. Unjust vexation - irritation or annoyance; anything that annoys or irritates without justification.
2. Slander by deed - irritation or annoyance + attendant publicity and dishonor or contempt.
3. Acts of lasciviousness - irritation or annoyance + any of the 3 circumstance provided in Art. 335 on rape (i.e. use of force or
intimidation; deprivation of reason or rendering the offended unconscious; or if offended party was under 12 years old, together with
lewd designs)

ALSO of two kinds:

Simple
Grave: of a serious nature

ACTUS REUS resulting in ANNOYANCE = UNJUST VEXATION

ACTUS REUS resulting in DAMAGE TO PROPERTY = MALICIOUS MISCHIEF

ACTUS REUS + PUBLICITY resulting in DISHONOR = SLANDER BY DEED

ACTUS REUS + CIRCUMSTANCES IN RAPE (NO CARNAL KNOWLEDGE) + LEWD

DESIGNS = ACTS OF LASCIVIOUSNESS