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LIBEL
ELEMENTS:
1.
That there must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstances.
2.
3.
4.
That the imputation must be directed at a natural or
juridical person, or one who is dead.
5.
That the imputation must tend to cause the dishonor,
discredit or contempt of the person defamed.
Notes:
LIBEL is a public and malicious imputation of a crime, or a vice
or defect, real or imaginary or any act, commission, condition,
status or circumstances tending to cause the dishonor,
discredit or contempt of a natural or juridical person, or to
blacken the memory of one who is dead
Character of the words used to make it defamatory.
Words calculated to induce suspicion are more effective in
destroying 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
hearer to suppose and understand that the person against
whom they are uttered is guilty of certain offenses, or are
sufficient to impeach his honesty, virtue or reputation, or to hold
him up to public ridicule. (U.S. vs. OConnell, 37 Phil. 767)
Malice has been defined as a term used to indicate the fact
that the defamer is prompted by personal ill or spite and
speaks not in response to duty but merely to injure the
reputation of the person defamed.
Kinds of Malice.
Malice in law This is assumed and is inferred from the
defamatory character of an imputation. The presumption of
malice attaches to the defamatory statement especially if it
appears to be insulting per se. The law presumes that the
defamer made the imputation without good intention or
justifiable motive.
Malice in fact This refers to malice as a fact. The presence
and existence of personal ill-will or spite may still appear even if
* In libel cases, the question is not what the offender means but
what the words used by him mean. ( Sazon vs. CA, 255 SCRA
692)
Newsweek v IAC
Newsweek portrayed the island province of Negros Occidental
as a place dominated by big landowners. Plaintiffs are
associations of sugarcane planters. HELD: Dismissed. To
maintain a libel suit, the specific victim must be identifiable.
Defamatory remarks directed at a group of persons are not
actionable unless the statements are all-embracing or
sufficiently specific for victim to be identifiable. An action for
libel allegedly directed against a group of sugar planters cannot
be done by resort to filing a class suit as each victim has his
specific reputation to protect. In this case, each of the plaintiffs
has a separate and distinct reputation in the community.
Libel
Perjury
-false accusation
need not be made
under oath
2.
3.
Article354
REQUIREMENT OF PUBLICITY
Kinds of privileged communication
a. ABSOLUTELY PRIVILEGED not actionable even if the
actor has acted in bad faith
b.
QUALIFIEDLY PRIVILEGED those which although
containing defamatory imputations could not be actionable
unless made with malice or bad faith
* When the defamatory imputation comes under the criteria of
an absolute privileged communication, the presumption of
malice under Article 354 has no application.
* The presumption of malice, however, comes into play when
the defamatory statement is a conditional or qualified privileged
communication. To overcome this presumption of malice in law,
the defamer must prove during the proceeding that the
defamatory imputation was committed because of a legal,
moral or social duty.
* Privileged communication as categorized in this discussion is
Requisites
1. that the publication of a report of an official proceeding is a
fair and true report of a judicial, legislative, or other official
proceedings which are not of confidential nature, or of a
statement, report, or speech delivered in said proceedings, or
of any other act performed by a public officer
2.
3.
4.
Engraving;
5.
Radio;
6.
Photograph;
7.
Painting;
8.
Theatrical exhibition;
Article 355
LIBEL BY MEANS OF WRITING OR SIMILAR MEANS
9.
Cinematographic exhibition; or
10.
1.
Writing;
2.
Printing;
3.
Lithography;