Charles Neil Rivera 2017838721

JD4103

Nowadays, people use social media to post articles, pictures, screenshots and videos,

wherein they usually express their opinions on different given situations. Unfortunately people

does not know that posting such things, without prior knowledge of the facts, and having without

self-restraint and limitations could abuse one’s freedom of expression which violates the

constitution.

Freedom of Speech, expression, and press include every form of expression, whether

oral, written, tape or disc recorded. Libel and Obscenity are forms of speech which are not

protected by the Constitution.

Under Article 353 of the Revised Penal Code, Libel defines as a public and malicious

imputation of a crime, or of 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. There is malice when the author

of the imputation is prompted by ill-will or spite and speaks not in response to duty but merely to

injure the reputation of the person who claims to have been defamed. The following elements

must be shown to exist: (a) the allegation of a discreditable act or condition concerning another;

(b) publication of the charge; (c) identity of the person defamed; and (d) existence of malice.

Based on my submitted discussion question. I was concerned with our present Assistant

Secretary of the Presidential Communications Operations Office, Mocha Uson. Her attacks on

different politicians have vicious, and malicious words. “To quote: Kasi nga sinungaling ka at

fake news ka… Huwag mong araw-arawin ang katangahan mo? Expletive (bleeped out)…

Bumili ka ng utak!... Nakakahawa na yang katangahan mo… Sobra lang talagang nakakagalit
ang kabobohan ng babae na to” directly to Vice President Leni Robredo. With this attack, the

Radio Station DZRH has suspended a commentary program anchored by Mocha Uson.

Applying the elements of Libel, (a) the words “Huwag mong araw-arawin ang katangahan mo?

Expletive (bleeped out)… Bumili ka ng utak!... Nakakahawa na yang katangahan mo… Sobra

lang talagang nakakagalit ang kabobohan ng babae na to”; (b) Captured in live streaming on

social media; (c) Vice President Leni Robredo; and (d) She is attacking her credibility and

reputation with vicious and malicious words. Checking upon her so called “MOCHA USON

BLOG” there different post of opinions and videos, defaming different politician.

I am a neutral party who is concerned of the violations made by our present Asst.

Secretary Mocha Uson. Based on her different interviews, she is invoking her right of freedom of

expression but sadly, she is exercising the unprotected speech of freedom of expression

I chose her as an example because if we checked our social medias. Those who are Pro-

Duterte and Dilawan are fighting based on their opinions without knowledge on the true facts.

People are attacking the identity, reputation and image of the person who are against with their

beliefs.