Professional Documents
Culture Documents
Libel
Elements of Libel
1. There must be a an imputation of a crime, or of a vice or
defect, real or imaginary or any act, omission, condition,
status or circumstance
2. The imputation must be made publicly
3. It must be malicious
4. The imputation is directed to a natural or juridical person, or
one who dead
5. That the imputation must tend to cause the dishonor,
discredit, or contempt of the person defamed, or to blacken
the memory of one who is dead
Defamation - Art 353 actually defines defamation and not libel
It means the offense of injuring a persons character, fame or
reputation thru false and malicious statements
It includes libel (thru writing) and slander (oral defamation)
Seditious libel is punished differently under Art142
Ratio for punishment: A person is entitled to enjoyment of
private reputation.
Test of Defamatory Character of words used the words used are
construed in their entirety and taken in their plain, natural and ordinary
meaning as they would naturally be understood by persons reading
them UNLESS it appears that they were used and understood in
another sense
It is not the intention of the writer/speaker, or even the
understanding of the reader/hearer BUT the meaning that the
words in fact conveyed to the minds of persons of reasonable
understanding taking into consideration the surrounding
circumstances.
354
Requirement for
Publicity
355
Libel by means of
writings and
other similar
means
356
Threatening to
publish and offer
to prevent such
publication for a
compensation
357
Prohibited
publication of
acts referred to
in the course of
official
proceedings
358
Slander
359
Slander by Deed
Notes:
-
Elements:
1. The offender is a reporter, editor, manager of a newspaper
daily or magazine
2. He publishes facts connected with the private life of another
3. Such facts are offensive to the honor, virtue and reputation of
said person
Notes:
-
Elements:
1. The offender performs any act not included in any other
Notes:
-
2.
3.
360
Persons
Responsible
Two kinds:
1. Simple slander by deed
2. Grave slander by deed
361
Proof of the truth
362
Libellous remarks
363
Incriminating
Notes:
-
Notes:
-
innocent Person
3.
364
Intriguing against
Honor
false prosecution
363 v. Perjury:
a. 363 is committed by performing an act which imputes
the commission of a crime; in perjury, the gravamaen
is the imputation itself falsely made before an officer
b. 363 is limited to planting of evidence while perjury is
the giving of false statement under oath or false
affidavit
Also different from defamation
How is it committed By any person who shall make any intrigue which
has for its principal purpose to blemish the honor or reputation of
another person
It may involve some trickery or some ingenous, crafty or
secret plot (unlike in slander by deed)