Crime Elements
LIBEL  Malicious Imputation
 Publication
 Tends to dishonor,
discredit or hold in
contempt
 a natural, juridical or a
dead person if it tends to
blacken the memory of
them.
Libel is a public and malicious
imputation of a crime, or a vice,
or a 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.
Penalty REMARKS
The act of publication should be made by the offender.
The presumption is every imputation is malicious
 that’s what you call = Malice in Law
 the defense is = Malice in fact in the form of privileged communication
o truth is a defense in libel
if the defense can manage to prove it is either 1 and 2.
 Privileged Communication
 Fair and true report and
For libel to apply, the victim should be identifiable.
Absolutely Privileged Qualified Privileged Communications *fair
Communications (are those which contain defamatory imputation but which communication
(are those that are not actionable are not actionable unless found to have been made a reasonable
even with bad faith) without good intention or justifiable motive.) deducible, no
extraneous
Statements made by congress as part Private Communications comments
of their functions
Official communications made by Fair and True Report without any comment or remark
public officers in the performance of
their duties
Allegations or statement made by Fair commentaries on matters of public interest (in view of
the parties or their counsel in their the constitutional right on the freedoms of speech and of
pleadings or motions or during the the press)
hearing of judicial proceedings,
provided that said allegations or
statements are relevant to the
issues, provided that said allegations
or statements are relevant to the
issues, and the answers are
responsive or pertinent to the
questions propounded to said
witnesses .
Where the remarks are directed against a public figure.
Libel (mediated) Every print is a count

Basta in writing, Libel dretso

Slander (Oral Grave or Oral Defamation

Defamation)
Art 359. Slander  The offender performs Intention:
b y Deed any act included in the Annoy – Unjust Vexation
other crimes against Dishonor – Slander by Deed
honor Hurt – Slight Physical Injuries
 That such act is
performed in the
presence of other person
or persons
 That such act casts
dishonor, discredit or
contemot upon the
offended party
Art 363  Arrestro Mayor RA 9165 Sec 26 if the offender is a police officer who plants evidence
Incriminating
Innocent Person It should not constitute PERJURY
 It should not be declared in a sworn statement in written or oral form.
Art 364 
Intriguing
Against Honor

TITLE 14 QUASI OFFENSES

Art 365  Before, this is just a MODE. But in 2014, there was jurisprudence that this is now a crime.
Imprudence
Must know doctrines
 Last Clear Chance
 Emergency Rule – an automobile driver who by negligence of another and not his own, suddenly placed in an
emergency and compelled to act instantly to avoid collision or injury is not guilty of negligence if he makes such
a choice which a person of ordinary prudence placed in such a choice which a person of ordinary prudence
placed in such a choice which a person of ordinary prudence placed in such a position might make even tho he
did not make the wisest choice.
Art 4 Par 1  Art 12 par 4 (accident)  Art 365 lawful act but with negligence (imprudence and negligence)