nga pagbigasan

LIBEL
Forms of Libel

3. How the imputation is made:

a). The facilities of the mass media i.e print and broadcast media such as articles, news items,
columns, caricatures, editorials in newspapers and magazines; comments, opinions, news aired over

a). By the use of direct and express defamatory words, descriptions or accusations. Examples: (i). He is

the television or radio stations

a thief, swindler, babaero, ugly, wife beater, a crook (ii) drawing a caricature of a person depicting him
as a crocodile

b). Modern communication facilities such as through the internet or cellphones, CDs, DVDs
b). By the use of Figures of Speech such as:
b). Literary outlets such as through letters, books, poems, songs, stage plays, movies, paintings,
drawings, pictures, sculpture and the like

(i) Hyperbole - exaggeration according to which a person is depicted as being better or worse, or larger

Elements

or smaller than is actually the case. Example: (a). Mr. X is the gambling lord (b) She is the mother of all
cheaters. (c) Praise undeserved is slander in disguise

A. First Element: There must be a defamatory imputation

1. This means that the matter claimed to be libelous must impute a crime, vice, defect, or any act, or

(ii) Irony or sarcasm or where words are used to convey a meaning contrary to their literal sense.

omission, condition, status or circumstance, tending to cause the dishonor, discredit or contempt to a

Examples: (a). Maria belongs to the ladies called Kalapating mababa ang lipad (b). Dont bother

natural or juridical person, or to blacken the memory of one who is dead.

asking him for a treat. He is boxer ( i.e stingy or a miser) (c) He has a face only a mother can love (d)
She is my wife when she is beside me, yours when she is near you. (e). She is very famous because

The purpose is to lower the esteem or honor, or respect, in which a person is regarded, such as :

she is a public sweetheart.

a). The victim is humiliated or publicly embarrassed
(iii) Metaphor or the use of words or phrases denoting one kind of idea in place of another word or
phrase for the purpose of suggesting a likeness between the two. Examples: (a) He is Satan

b). The victim is vilified, hated, becomes the subject of gossip, nasty stories, suspected of wrongdoings,

personified on earth. (b) She has an angelic face but covered with a skin as thick as the hide of a

is avoided

carabao
c). The victim losses face, becomes a laughing stock, is the object of ridicule
c) Or words or phrases with double meanings such as those which apparently are innocent but are
deliberately chosen because in reality they convey a different and a derogatory meaning. Example: He

2. Rules to determine whether the language is defamatory or not:

will make a good husband. He is a mamas boy.

a). What should be considered is what the matter conveyed to a fair and reasonable man and not the
(i) Where the alleged libelous matter is susceptible of two or more interpretations, one libelous and the

intention of the author or the accused.

other not libelous, the courts are justified in holding that the real purpose of the writer was to have the
public understand what he wrote in the light of the worst possible meaning

b). Statements should not be interpreted by taking the words one by one out of context; they must be
taken in their entirety.

4. What are not defamatory

c). Words are to be given the ordinary meaning as are commonly understood and accepted in the in
a). Words commonly used as expletives, denoting anger or disgust rather than as defamation, such as

daily life. The technical meanings do not apply. This is especially true to idiomatic sayings. Thus Babae

the expressions Putang inaka, tarandado ka, Ulol, Punyeta ka.

ng Bayan does not mean a heroine. Hayok sa Laman does not mean a meat eater. Adu client nya
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ii). Showing the caricature, or naked picture, of the victim to another

b). Expressions of an opinion made by one who is entitled to state an opinion on a subject in which he
is interested. Examples:

iii) Announcements in the radio, or paid advertisements such as The public is warned not to purchase
the skin lotion products of ABC Corp. to prevent possible cancer

(i) An heir writes that their was unfairness in the distribution of the properties
iv). Asking someone to write a defamatory letter about the victim
(ii) A lady complains over the radio that there was discrimination against Cordillera girls women in the
selection of candidates to the Miss Baguio Pageant

iv). Sending the letter to the victim through a messenger but it is in an unsealed envelope ( the
presumption is that the letter is intended to be read by anyone other than the victim). Thus if the letter is

(iii). A law student writes in the school news organ that he believes the faculty in the college of law are

sent in a sealed envelope, the element of publicity is missing.

generally lazy and are not kept abreast with new jurisprudence
2. Effect: Each separate publication of a libelous matter is a separate crime, whether published in part,
(iv). A teacher declared in an interview that the students of one school are less intelligent than those in

or in the same newspaper. Example: (i) There as many crimes of libel as there are various showing or

another school

staging of a libelous drama or stage play in different venues and at various times.

c). Words which are merely insulting are not actionable as libel or slander per se, and mere words of

(ii) If the same libelous news is published in two or more newspapers, then there be such number of

general abuse however opprobious, ill-natured, or vexatious whether written r spoken, do not constitute

separate libels corresponding to the different newspapers which published the material.

a basis for an action for defamation in the absence of allegation for special damages. The fact that the

C. Third Element: The Person libeled must be identified. (Identity of victim)

language is offensive to the plaintiff does not make it actionable by itself ( MVRS Pub. Inc. vs Islamic

1. This means the complainant or plaintiff must prove he is the person subject of the libelous matter,

Dawah Council of the Phil. 444 Phil. 20; Binay vs. Sec. of Justice Sept. 8, 2006)

that it his reputation which was targeted.

B. Second Element: Publicity of the Libelous Matter

1. This means the accused caused the libelous material to be known or read or seen or heard by a third

2. This element is established by the testimony of witnesses if the complainant was not directly

person, other than the person to whom it has been written i.e. the victim. Somebody must have read,

mentioned by name. They must be the public or third persons who can identify the complainant as the

seen or heard the libelous material due to the acts of the accused.

person subject of the libel. If third persons can not say it is the plaintiff or complainant who is the
subject, then it cannot be said that plaintiffs name has been tarnished.

(A). The addressing of defamatory words directly to the person concerned, and to no other person,
does not constitute an actionable libel.

a). Where the publication is ambiguous as to the person to whom it applies, the testimony of persons
who read the publication is admissible for the purpose of showing who is intended to be designated by

(B). If it was the victim himself and not the accused, who showed, informed or relayed the libelous

the words in said publication

material to others, then the accused is not liable.

3. How the identification or referral to the plaintiff is made
(C). Circulation or publicity is not necessarily through the newspaper.
a). Directly by his name
(D). Examples:
b). By descriptions of his person, his address, nature of his office or work, his actions, or any other data
i). Posting the material in the internet or posting in a bulletin board

personally connected or related to the plaintiff; or identification from similar other the circumstances

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c) From the likeness of his face or features to the libelous drawing, caricature, painting or sculpture

(iii) If you are a faculty member of the college of law of U.B. then you have no integrity but you are a
yes-man of the school President

4. The victims maybe natural persons who are alive or juridical persons, or deceased persons as to
their memory.

d). But even if directed against a group or class but the statement is directly and personally addressed
to a member or members thereof, then only such member(s) can bring an action.

5. Rule if several persons were defamed or libeled

Example: A radio announcer addresses himself to Mr. X and Mr. Y and says: Mr. X, and you Mr. Y. You
a). If several persons were libeled in one article, but all are identifiable, then there are as many

Pangalatoks are sex maniacs. Only Mr. X and Mr. Y can file an action for libel.

charges of liable as there are persons libeled

D. Fourth Element: That there be malice on the part of the accused.

1. Malice is the legal term to denote that the accused is motivated by personal ill-will, spite, hatred,

b). If the article is directed to a class or group of several persons in general terms only without

jealousy, anger, and speaks not in response to duty but to do ulterior and unjustifiable harm. The

specifying any particular member, there is no victim identified or identifiable, hence there is no

purpose is really to destroy, to injure, to inflict harm.

actionable libel. No person can claim to have been specifically libeled as to give that person the right to
file charges of libel.

2. There are two kinds of malice

Examples:
a). Malice in Law or Presumed Malice.
(i). Some lady students in the 4th year law class section A, are ugly
(i) The plaintiff need not prove the existence of malice. It is for the accused to disprove this presumption
(ii). Two thirds of the law students are cheaters
(ii) This presumption, that accused was actuated with an evil purpose or malice, arises if the article is
(iii). Majority of the policemen are crooks

defamatory on its face, or due to the grossness of the defamatory imputation even if the facts are true,
but there was no good intention or justifiable motive.

(iv). Most lawyers are thieves disguised in coat and tie

(iii) Examples:
c). If the defamation is directed against a group or class and the statement is so sweeping or allembracing as to apply to every member of that group or class, then any member can file an action for

(a). X writes an article about the sexual escapades of a society matron complete with the details of

libel in his own name, not in the name of the group/class. (Note: Philippine laws do not recognize

time, place, and supported by pictures. In such case the law presumes that X was actuated by malice

group libel). Or if the statement is sufficiently specific so that each individual can prove that the

even if what he wrote is true.

statement specifically point to him then he may bring an action in his own name.
(b). X calls the radio and announces that the family of Juan de la Cruz is a family of thieves and
Examples:

crooks.

(i). All those belonging to 4th year law class section A are sex perverts

b). Malice in Fact or Malice as a Fact. -. It is the malice which must be proven by the plaintiff. He must
prove the purpose of the accused is to malign or harm or injure his reputation. This arises either

(ii) Each and every employee in the accounting office is secretly taking home part of the tuition fees

because:

paid.
(i) the article is not defamatory on its face or if libelous it is ambiguous
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a). the speaker, announcer or utterer of the defamatory statements aired over the broadcast media; the
(ii) the accused was able to overcome the presumption of malice.

host of the show where the libelous statement is made

Prosecution for Libel

b). the producers and makers of the libelous cinematographic film, stage show, play or drama

A. Remedies of the Victim: (i) the person libeled may file a criminal case or a separate civil case
for damages (ii) but he may opt to recover damages in the same criminal case

3. Other persons under the principle of Libel by Republication i.e. a person is liable, though he is not

B. Jurisdiction and Venue of the criminal action

the author of has nothing to do with the libelous matter, if he knowingly republishes or circulates the

1. a). Actions based on libel, whether civil or criminal, are within the exclusive jurisdiction of the

said libelous matter.

Regional Trial Court even if the penalty is within the Jurisdiction of the Municipal Trial Courts.
Defenses Allowed in Libel
1. Concept:

b).The civil case must also be tried in the RTC trying the criminal case (No separate civil action)

A. In general: if the accused proves the absence of any of the elements, then he is not liable. Thus he
c) If the libel imputes any of the private crimes, the Prosecution must be upon a complaint filed by the

may show: the material is not defamatory; there is no publicity; it is impersonal and does not refer to the

offended party

plaintiff; or that there is no malice.

2. Venue: as a general rule the action for libel shall be in the RTC of the province/city where the article

B. There are however specific defenses which may refer to any of the elements of libel or are

was first printed and published ( Rule of Place of First Print and Publication) but it may also be filed

independent defenses in themselves. These defenses were established by jurisprudence, particularly

elsewhere as follows:

by United States Decisions, as our Libel law is based primarily on American concepts.

C. Persons Liable for Libel

II. The Doctrine of Privilege Communication

A. This is a defense against the element of malice and it applies to both libel and oral
defamation. This means that even if the material is considered libelous still there is no malice in
the eyes of the law. These consist of two kinds: (a) Absolutely Privilege Communication and the
(b) Qualifiedly Privileged Communication.
B. Absolutely Privileged Communication: this refers to a communication, whether oral or written
which is defamatory and may even be made in bad faith but which cannot give rise to either
criminal or civil liability. This is because there are higher considerations involved which are
considered more paramount than the damage to the reputation of a person.

1. In case of written libel:

1. Privilege Speeches in the halls of Congress

a). If a private person: in the RTC of the province/city where he resides

b). If a public official and holding office in Manila: In the RTC of Manila
c) If a public official holding office outside Manila: in the RTC of the province/city where he holds
office

2. Communications made by public officers in the performance of their duties, such as the explanations
on a matter made by a public officer to his superior though it contains harsh language

a). The Authors of the written defamatory article, the artists, sculptor, or painter

3. Statements made in judicial proceedings if pertinent and relevant to the case involved, such as the
b). Any person who shall publish, exhibit or cause the publication or exhibition thereof ( i.e. those

allegations in the pleadings

persons other than the author, who make known the libelous matter to a third person)

4. Statements and evidence submitted in a Preliminary Investigation.

C. Qualifiedly/Conditionally Privileged Communication: this refers to communications in which
the law presumes the absence of malice, thus they are initially not actionable. The burden
therefore is on the plaintiff to prove the existence of actual malice.
D. Two Kinds of Qualifiedly Privileged Communications Under Article 354.

c). the editor or business manager of the print media where the article was published
2. In case of non-written libel

1. Private Communications, made by one to another in the performance of a legal, moral or social duty
provided that: (i). The one making the communication must have an interest in the subject and (ii) the
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person to whom the communication was made is one who can act on the matter

privileged if sent to the SLU President. It is not privileged if sent to the President of U.B.

(a). This communication maybe oral or written, private, public or official document which are sent for

If a teacher writes to his fellow teacher that a student of his is becoming irresponsible and possibly a

redress of grievances or to request for appropriate action. But it must be private in that it is intended to

drug user, the same letter is not privileged. But if sent to the parents of the student for their information

be only between the sender and the recipient. Undue publicity removes the privilege.

and action, it is conditionally privileged.

Hence a so called Open Letter is not privileged. Also, accusations made in a public gathering are not

(f). In Alcantara vs. Ponce ( Feb. 28, 2007) the court adopted the ruling in the U.S case of Borg vs.

privileged.

Borg in that a written charge or information filed with the prosecutor or the court is not libelous
although proved or be false and unfounded. Furthermore, the information given to a prosecutor by a

(b). The communication must meet these elements:

private person for the purpose of initiating a prosecution is protected by the same cloak of immunity and
cannot be used as a basis for an action for defamation.

(i). The person who made the communication had a legal, moral or social duty to make the
communication, or at least, had an interest to protect, which interest may either be his own or of the

In this Alcantara case, a newsletter submitted by party in a preliminary investigation, which was

one to whom it is made

defamatory, was considered as a privilege communication.

(ii). The communication is addressed to an officer or a board, or superior, having some interest or duty

It was also ruled that under the Test of Relevancy, a matter alleged in the course of the proceedings

in the matter, and who has the power to furnish the protection sought ( or that the recipient is a proper

need not be in every case material to the issues or be so pertinent to the controversy that it may

person who can act on the communication) and

become the subject of inquiry in the course of trial, so long as they are relevant.

(iii). The statements in the communication are made in good faith and without malice ( Binay vs. Sec. of

2.-A: A fair and true report of any official proceeding, or of any statement, report, or speech, made

Justice, Sept. 08, 2006)

thereat

Legal duty: presupposes a provision of law imposing upon the accused the duty to communicate. Such

(a). The proceeding must not be confidential, such as the hearings before the Senate, as opposed to

as the complaint by a citizen concerning the misconduct of a public official to the latters superior even

the close door executive sessions of the senate . Thus if the report is with respect to a public record, it

if, upon investigation, the matters are not substantiated. But it may be shown that the charges were

refers only to those made accessible to the public which may be revealed for public interest or

maliciously made without reasonable ground for believing them to be true.

protection of the public.

Also, a report to the police by a citizen about the suspected criminal activities of another person, even if

(b) The report must be without any unnecessary comment or libelous remarks ( i.e. no editorializing)

latter it is proved the suspicions were groundless, is privileged.

(c).The report must be accurate and should not intentionally distort the facts. If there is error in the facts
(d). Moral or social duty presupposes the existence of a relationship between the sender and the

reported, the report is still privilege if made in good faith

recipient of the communication, or the confidential and pressing urgency of the communication.
(d) Examples: News report of a judicial proceeding, including the filing of a complaint in court; or what a
(e). The sender must have an interest in the subject of the communication and the recipient must be a

witness testified; or of a verbal and heated argument between two councilors during the session of the

proper person who can act on the subject to the communication.

city council.

Thus a letter-complaint describing an SLU law professor as lazy incompetent, and an absentee, is

(e). This defense apply most often to members of the media who write on said matters or report them
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as news

(iii). The arrest and prosecution of law violator is a matter in which the public has a right to know. Thus
there is no liability for reporting that a lady was arrested for selling shabu or that a person was charged

2-B. Fair and True Report of the Official Acts of a Public Official

in court or convicted by a court for Estafa. The persons in question cannot file a case for libel.

(a). The public and official acts of a public official, including his policies, are legitimate subjects of

(iv). A radio announcer lambasts a family for their adamant refusal to vacate and remove their structure

comments and criticisms, though they may be unfair. Public officials are not supposed to be onion-

inside a park.

skinned. Public officials, like Ceasars wife, must be beyond reproach and above suspicion.

2. Comments and Criticisms on the Actuations of Public Figures

(b). But the communication may be actionable:

(a) Public figures refer to people who place themselves in the public limelight or attention either: by
nature of their business or activity, or mode of living, or by adopting a mode of profession or calling

(i) If it contains an imputation which is a false allegation of a fact or a comment based on a false

which gives the public a legitimate interest in his doings, his affairs and in his character or which affect

supposition

public interest (these are the celebrities), or because they participate in public affairs or regularly and
publicly expound their views on public affairs.

(ii). If the attack, criticism or imputation pertains to his private acts or private life, unless these reflect on
his public character and image as a public official.

Examples of the first: movie stars; national athletes; those representing the Philippines in world beauty
pageants, Manny Pacquiao; hosts of TV shows/programs such as the Tulfo brothers, musicians,

(iii) As stated in the U.S. case of New York Times vs. Sullivan, a public official may recover damages if

novelists. The spouse of the President is a public figure.

he proves that : the statement was made with actual damage, that is, with knowledge that it was false
or with reckless disregard of whether it was false or not

Examples of the second: candidates for an elective position; columnists of national newspapers,

B. Matters Considered Privileged By Jurisprudence

TV/radio commentators, Cardinal Sin during his time, Jose Maria Sison.

1. Fair Comments on Matters of Public Interest

( b) As with public officials, the imputation maybe actionable if it is (i) a false allegation of fact or (ii) it is
based on a false supposition.

(a) In Borjal vs. Ct. of Appeals, (301 SCRA 1, Jan. 14, 1999) it was held that the enumeration in Article
354 is not an exclusive list of qualifiedly privileged communications because fair comments on matters

3. Justified Libel or the Privilege of a Reply.

of public interest are privileged and constitute a valid defense in an action for libel or slander

This is fighting libel with libel. This refer to communications made in response to a libel in order to
counter and/or remove the libel, provided it is limited to and related to the defamatory imputation and

(b). They refer to events, developments, or matters in which the public as a whole has a legitimate

not unnecessarily libelous.

interest.

4. Truth And Good Motives or Justifiable Ends.

A. It is not enough that what was publicized about another is true. The accused must also prove good

Examples

motives or intentions and justifiable ends, in order to disprove malice.

(i). A news report on the welfare of youth and students in a school allegedly staffed by incompetents, or

B. This defense is available only if: (a) What is imputed to another is a crime regardless if the victim is a

a dumping ground of misfit teachers, concerns a matter of public interest.

private or public person or (ii) if the victim is a public officer regardless of whether a crime is imputed, so
long as it relates to the discharge of their official duties

(ii). An editorial criticizing the owner of a ship which sunk, for his delay in extending financial help to the
C. Illustrations: one writes about the criminal activities of another in order to show that crime does not

family of the victims, is not libelous as the in action is a matter of public interest.

pay, or to set an example of what conduct to avoid.

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5. The Principle of Neutral Reportage.

Kinds and Definition of Slander or Oral Defamation

A. This is a defense available to one charged not as the author but as a republisher of a libelous

Definition:

material

Speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade,
business or means of livelihood

B. The republisher who accurately and disinterestedly reports certain defamatory statements made
against public figures, is shielded from liability, regardless of his subjective awareness of the truth or

Two kinds of oral or verbal defamation:

falsity of the accusation. ( See Fil Broadcasting Net Work vs. AGO Medical and Educational Center, 448

(1) Grave Slander

SCRA 413)

(2) Simple Slander

Example: A parent of a student goes on radio to denounce a school teacher as being incompetent,
A. Factors to consider:

absentee, bias and prejudiced. A news reporter quoted the accusations in his news article. He is not

1. The expression used including their sense, grammatical significance and accepted ordinary meaning

liable even if he personally knows the accusations are untrue.

356. Libel As A Threat (Blackmailing)

2. The personal relations of the accused and the offended party, as when both are bitter enemies

I. Concept: The law punishes a person who demands a compensation or money consideration
by:

3. The special circumstances of the case and its antecedents, such as the time, place and occasion of

1. threatening to publish a libel concerning a person or his family and

the utterances, persons present

2. offering to prevent the publication of a libel

4. The social standing and position of the offended party

II. Principles:
B. Words uttered in the heat of anger or in a quarrel, with some provocation on the part of the
victim, is simple slander.

A. This a form of blackmailing because there is an extortion for money under threat of so called
exposing a person. This is often called demand for Hush Money

> The victim may not have heard the words, it is enough that a third person heard them.
B. If both modes were committed by a single person, there is only one offense. If committed by two

> Words uttered in one occasion and place and directed at several persons not mentioned individually

different persons there be two separate offenses, unless both are in conspiracy.

constitute only one offense.

> Words used as expletives (to express anger, displeasure, are not defamatory)

C. The crime is consumated once the threats or offers were made.

III. Examples:

What is Slander By Deed?

The performance of any act which shall cast dishonor, discredit or contempt upon another
person. Depending upon the seriousness of the act, the time, place, occasion, the character of
the victim, it is either Grave or Light.

A. The accused threatened to publish in a weekly periodical certain letters written by a married woman
unless she paid a certain sum of money.
B. The producer of a TV Program demanded money from a politician otherwise he would expose the
sexcapades of the politician.

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