Libel & Privileged Communication

In PH, libel is both criminal and civil and nature.

Libel as crime = imprisonment + payment of damages
Libel as crime accdg to Article 353-356 of the Revised Penal Code
Article 353. Definition of libel. - A libel is 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 354. Requirement for publicity. - Every defamatory imputation is presumed to be malicious,
even if it be true, if no good intention and justifiable motive for making it is shown, except in the
following cases:
1. A private communication made by any person to another in the performance of any legal, moral or
social duty; and
2. A fair and true report, 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.
Article 355. Libel means by writings or similar means. - A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition,
or any similar means, shall be punished by prision correccional in its minimum and medium periods or
a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by
the offended party.
Article 356. Threatening to publish and offer to present such publication for a compensation. The
penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person
who threatens another to publish a libel concerning him or the parents, spouse, child, or other
members of the family of the latter or upon anyone who shall offer to prevent the publication of such
libel for a compensation or money consideration.

Libel as civil tort = payment of damages. Civil suit may proceed independently of the criminal
case.
Libel as civil tort accdg. to Article 33 of Civil Code
Article 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely
separate and distinct from the criminal action, may be brought by the injured party. Such civil
action shall proceed independently of the criminal prosecution, and shall require only a
preponderance of evidence.
Libel suits are harassment suits because the offended party may file both civil and criminal
actions at the same time. Moreover, libel cases are not the priority of courts so they serve to
restrain expression until the case is heard.
The four elements of libel, all of which must be satisfied:
a) publication the libelous expression was made public by any means.
b) malice* - contextual; element that is hardest to prove
c) defamatory imputation 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 or to blacken the memory of one who is dead.
d) identification individual or juridical entity (e.g. corporations) being defamed is
identifiable

*The two kinds of malice

a) presumed malice is presumed once the three other elements of libel are satisfied.
Kumbaga, the fact na pinublish mo implies na may malicious intent ka to dishonor
someone.
DEFENSES AGAINST PRESUMED MALICE:
1. truth
2. justifiable motive
These, however, are only partial defenses. It can only lessen the punishment but not
absolve the accused/respondent.
b) actual malice - knowledge of falsity or reckless disregard for the truth; can be proven
with evidence(s)
Privileged communications are exempted from charges of libel.
1. qualified/conditional privileged communication see Art.354 of RPC
2. absolute privileged comm. views and opinions expressed by the President, VP,
legislators, magistrates, and lawyers in the exercise of their duties.