Libel &

Cyber Libel
Atty. Danilo R. Rico II
 What is Libel? How is it committed?
• The crime of libel is committed when a person
makes, against another, a public and malicious
imputation of a crime, or of a vice or 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 (Article 353, Revised Penal
Code).
 Elements:
(a) Imputation of a discreditable act or condition
to another;
(b) Publication of the imputation;
(c) Identity of the person defamed; and,
(d) Existence of malice.
 IMPUTATION MAY COVER:
• Crime allegedly committed by the offended party;
• Vice or defect, real or imaginary, of the offended
party;
• Any act, omission, condition, status or
circumstances relating to the offended party;
• Dishonor
• Discredit
• Contempt
 PUBLICATION:
• Communication to some third person(s)
• It is not required that the person defamed has
read or heard about the libelous remark.
What is material is that a third person has
read or heard the libelous statement.
 IDENTIFIABILITY:
• although it is not necessary that he be named
• it must be shown that at least a third person or a
stranger was able to identify him as the object of the
defamatory statement.
 MALICE:
• The law also presumes that malice is present
in every defamatory imputation even if
imputation made is true, as long as there is no
good intention and justifiable motive for
making it is shown.
 Committed by means of:
• Writing
• Printing
• Lithography
• Engraving
• Radio
• Phonograph
• Painting
• Theatrical Exhibition
• Cinematographic Exhibition
• Or any similar means such as: Internet
 Republic Act (RA) 10175 or the
Cybercrime Prevention Act of 2012
 Cyber Libel
Section 4 (c) (4) renders unlawful or prohibited acts of
libel those mentioned under Article 355 of the
Revised Penal Code, as amended, if such acts are
committed through a computer system or any other
similar means that may be devised in the future.
 PENALTY:
Ordinary Libel:
6 months and one
day to 6 years
Fine: P40,000.00 to
P1,200,000.00

E-Libel:
6 months and one
day to 6 years
 DEFENSES:
• The imputation is true, you have good intention, and
justifiable motive or ends
Also:
(1) private communications made by any person to
another in the performance of any legal, moral or
social duty; and
(2) fair and true reports, made in good faith, without any
comments or remarks, of any judicial, legislative or
other official proceedings which are not of confidential
nature, or of any statement, report or speech delivered
in said proceedings, or of any other act performed by
public officers in the exercise of their functions