Libel Article 355 Revised Penal Code Philippines Pdf

Libel article 355 revised penal code philippines pdf

Libel is a public and malicious imputation of a crime, or 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.

Republic Act No. 10175: Cybercrime Prevention Act of 2012 (full text)

Libel is committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means. Defamation made in a television program is libel.

People vs. Casten, et al. Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same. The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author thereof.

Proprietors and editors of periodicals are responsible for the appearance of defamatory matter contained therein, as likewise are all persons who actually participate in the publication of such matter.

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It is not necessary that the libelous matter should have been seen or read by another. It is sufficient that the accused knowingly parted with the immediate custody thereof under circumstances which exposed it to be read or seen by a person other than himself. For committed libel: Prision correctional in its minimum and medium periods or a fine ranging from to pesos, or both.

This is in addition to the civil action which may be brought by the offended party.

[ Republic Act No. 10175 ]

The enjoyment of a private reputation is as much a constitutional right as the possession of life, liberty or property. It is one of those rights necessary to human society that underlie the whole scheme of civilization. The law recognizes the value of such reputation and imposes upon him who attacks it, by slanderous words or libelous publication, the liability to make full compensation for the damages done Worcester vs.

Ocampo, 22 Phil. The Regional Trial Court has been specifically designated to try a libel case. Estanislao, 72 SCRA General Rule: The action may be filed in the Regional Trial Court of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense.

If the offended party is a public officer with office in Manila at the time the offense was committed, the venue is Manila or the city or province where the libelous article is printed and first published.

Where an offended party is a public official with office outside of Manila, the venue is the province or the city where he held office at the time of the commission of the offense or where the libelous article is printed and first published. If an offended party is a private person, the venue is his place of residence at the time of the commission of the offense or where the libelous article is printed and first published.

The common feature of the foregoing rules is that whether the offended party is a public officer or a private person, he has always the option to file the action in the Regional Trial Court of the province or city where the libelous article is printed or first published.

Escribano vs. Avila, 85 SCRA The crime of libel prescribes in one year from the date the alleged libelous article was published. Gines, SCRA Article 7 of the Civil Code provides that moral damages may be recovered in cases of libel, slander or any other form of defamation.

Internet libel in PH may lead to 12 years in prison

In effect, the offended party in these cases is given the right to receive from the guilty party moral damages for injury to his feelings and reputation in addition to punitive or exemplary damages.

Occena vs. Wylie vs. Rarang, SCRA The civil action for libel shall be filed in the same court where the criminal action is filed and vice versa and the court in which the action is first filed acquires exclusive jurisdiction to entertain the corresponding complaint for libel. A criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de oficio can only be filed by the offended party.

Philippines Criminal Defamation

But, a libel attributing a defect or vice, real or imaginary, which does not constitute a crime but brings into disrepute, scorn or ridicule, or tends to cause dishonor, discredit, or contempt, can be prosecuted de oficio. In other words, the complaint of the offended party is not necessary, and the information filed by the prosecuting officer is enough to confer jurisdiction upon the court to try the defendant charged with the crime.

Santos, et al. Guballa, No. L and L, Dec. Pascual, et al. The crimes of adultery, concubinage, abduction, rape or acts of lasciviousness cannot be prosecuted de oficio.

Accordingly, a libel imputing any of these crimes can be filed by the offended party.

REVISED PENAL CODE Book 2; Libel [AUDIO CODAL]

Yes, an imputation of the crime of prostitution can be prosecuted de oficio. Orcullo, SCRA Prostitution is not included among the crimes which cannot be prosecuted de oficio.

A prosecution for libel based thereon cannot be made without the sworn complaint of the offended party.

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Fernandez vs. Lantin, 74 SCRA Does the death of the offended party extinguish the criminal liability of the accused in a crime of libel? If the death of the offended party occurred after the filing of the complaint, the complaint previously filed by the offended party will not be invalidated even if it is a crime which cannot be prosecuted de oficio. Bundalian, SCRA If the offended party shall die before he was able to file a complaint for libel, his heirs or legal representatives have a right to file the complaint, unless the libel charged in the information is one which cannot be brought except at the instance of and upon complaint filed by the offended party there being an imputation of an offense which cannot be prosecuted de oficio.

Any act, omission, condition, status of, or circumstance relating to, the offended party which tend to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Examples of imputations of a crime allegedly committed by the offended party.

Bailo, et al.

Libel article 355 revised penal code philippines pdf

Dianalan, 13 C. No, the imputation of criminal intention is not libelous. Such imputation is not libelous because intent to commit a crime is not a violation of the law. This is more so, when it is a mere assertion or expression of opinion as to what will be the future conduct of another. Baja, C. Examples of imputations of vice or defect, real or imaginary, of the offended party.

Libel article 355 revised penal code philippines pdf

Suarez, G. Icamina, SCRA Gonzales vs. Arcilla, SCRA An article signed by the accused and published in the Philippines Herald says that the offended party used to borrow money without intention to pay; that he had ordered the fixing of his teeth without paying the fees for the services rendered by the dentist; etc. Tolentino, C. Examples of an imputation of condition, status of, or circumstance relating to the offended party.

Ortiz, et al. Lladoc, CA-G. To say that complainant is a witch and sorceress is to impute to her a vice, condition or status that is dishonorable and contemptible. Carmen Sario, G. L and G. L, June 30, In determining whether certain words are defamatory, is the intent of the writer material? In matters of libel, the question is not what the writer of an alleged libel means, but what is the meaning of the words he has used. The meaning of the writer is quite immaterial.

The question is not what the writer meant, but what his words conveyed to those who heard or read them. It is not the intention of the speaker or writer, or the understanding of the plaintiff or of any hearer or reader by which the actionable quality of the words is to be determined, but the meaning that the words in fact conveyed on the minds of persons of reasonable understanding, discretion and candor, taking into consideration the surrounding circumstances which were known to the hearer or reader.

Encarnacion, C. Is it necessary that the defamatory imputation be in certain and express terms? Words calculated to induce suspicion are sometimes more effective to destroy reputation than false charges directly made. Ironical and metaphorical language is a favored vehicle for slander. A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person against whom they were uttered was guilty of certain offenses, or are sufficient to impeach his honesty, virtue or reputation, or to hold him up to public ridicule.

Where the comments are insincere and intended to ridicule rather than praise the plaintiff, the publication is libelous.

Praise undeserved is slander in disguise.

Libel article 355 revised penal code philippines pdf

Jimenez vs. Reyes, 27 Phil. Publication, even if intended for humor, may be libelous when the language used passed from the bounds of playful jest and intensive criticism into the region of scurrilous calumniation and intemperate personalities Oliver, et al.

Libel article 355 revised penal code philippines pdf

The alleged libelous article must be construed as a whole. Sotto, 38 Phil. The test of libelous meanings is not the analysis of a sentence into component phrases with the meticulous care of the grammarian or stylist, but the import conveyed of the entirety of the language to the ordinary reader.

In other words, the article must be construed in its entirety including the headline, as they may enlarge, explain, or restrict or be enlarged, explained or strengthened or restricted by the context. Whether or not it is libelous depends upon the scope, spirit and motive of the publication taken in its entirety. Imperial, et al.

Philippines Defamation: Laws and Standards

The Manila Publishing Co. For the purpose of determining the meaning of any publication alleged to be libelous that construction must be adopted which will give to the matter such a meaning as is natural and obvious in the plain and ordinary sense in which the public would naturally understand what was uttered. The published matter alleged to be libelous must be construed as a whole. In applying these rules to the language of an alleged libel, the court will disregard any subtitle or ingenious explanation offered by the publisher on being called to account.