TITLE XIII

CRIMES AGAINST HONOR

CHAPTER ONE – LIBEL

Article 353 – Definition of Libel/Defamation

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 circumstance;
2. That the imputation must be made publicly;
3. That it must be malicious;
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.

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.

KINDS OF MALICE:

1. Malice in law – that which should be proved, or

2. Malice in fact – that which may be taken for granted due to the grossness of the
imputation.

NOTES:

• Defamation is the proper term for libel as used in Article 353

• Defamation: may be libel or slander
• No distinction between calumny, insult, and libel: all kinds of attack against honor
and reputation is punished.
• Malice is presumed to exist in injurious publications.
• Publication is the communication of the defamatory matter to some third person/s.
• Person libeled must be identified. But the publication need not refer by name to
the libeled party. If not named it must be shown that the description of the person
referred to in the defamatory publication was sufficiently clear so that at least a 3rd
person would have identified the offended party.
• It is essential that the victim be identifiable, although it is not necessary that he be
named.
• Meaning of writer immaterial

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 • Defamatory remarks directed at a group of persons are not actionable unless the
statements are all embracing or sufficiently specific for each victim to be
identifiable.
• There are as many counts of libel as there are persons defamed.
• To presume publication, there must be a reasonable probability that the alleged
libelous matter was thereby exposed to be read or seen by 3rd persons.
• In libel, the false accusation need not be made under oath.
• Perjury requires that the false accusation is made under oath
• Seditious libel is punished under Article 142

Criteria to determine whether statements are defamatory:

1. Words are calculated to induce the hearers to suppose and understand that the
person against whom they are uttered were guilty of certain offenses, or are
sufficient to impeach their honesty, virtue or reputation, or to hold the person up to
public ridicule; and (US v O’Connel)
2. Words are construed not only as to the expression used but also with respect to
the whole scope and apparent object of the writer. (People vs. Encarnacion)

NOTE: There is no crime if the defamatory imputation is not published, meaning, it is

not communicated to a third person.

People v. Velasco (2000)

DOCTRINE OF FAIR COMMENT: Fair commentaries on matters of public and

interest are privileged constitute a valid defense in an action for libel or slander.

In order that a discreditable imputation to a public official may be actionable, it

must either be:

• A false allegation of fact; OR

• A comment based on a false supposition.

Ayer Productions v. Capulong (1988)

PUBLIC FIGURE – one who, by his accomplishments, fame, mode of living, OR by

adopting a profession or calling which gives the public a legitimate interest in his
doings, his affairs and his character, has become a “public personage”

Borjal v. CA (1999)

For a statement to be considered malicious, it must be shown that it was written or

published with the knowledge that they are false OR in reckless disregard of WON they
were false.

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RECKLESS DISREGARD – the defendant entertains serious doubt as to the truth
of the publication, OR that he possesses a high degree of awareness of their
probable falsity.

To avoid self-censorship that would necessarily accompany strict liability for erroneous
statements, rules governing liability for injury to reputation are required to allow an
adequate margin of error by protecting some inaccuracies.

Article 354 – Requirement of Publicity

KINDS OF PRIVILEGED COMMUNICATION:

1. Absolutely privileged – not actionable even if the actor has acted in bad faith;
2. Qualifiedly privileged – those which, although containing defamatory imputations,
are not actionable unless made with malice or bad faith.

GENERAL RULE: Every defamatory imputation is presumed malicious, even if it

be true, if no good intention and justifiable motive for making it is shown.

EXCEPTIONS:

1. Private communication in performance of legal, moral or social duty.

REQUISITES:

• That the person who made the communication had a legal, moral or social
duty to make the communication or at least he had an interest to be upheld;
• That the communication is addressed to an officer or a board, or superior,
having some interest or duty on the matter; and
• That the statements in the communication are made in good faith without
malice in fact.

2. Fair and true report of official proceedings, made in good faith, without any
comments and remarks.

REQUISITES:

• 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 in the exercise
of his functions;
• That it is made in good faith; and
• That it is made without any comments or remarks.

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NOTES:

• Prosecution must prove malice in fact to convict the accused in case of qualified
privileged communication.
• The privilege simply does away with presumption of malice.
• Absolute Privileged Communication: not actionable even if done in bad faith –
statements made by members of Congress in discharge of functions, Judicial
Proceedings when pertinent and relevant to subject of inquiry.
• Qualified privilege is lost by proof of malice.
• Applying to wrong person due to honest mistake does not take case out of the
privilege.
• Unnecessary publicity destroys good faith.
• Defense of privileged communication in Paragraph 1: will be rejected if it is shown
that accused acted with malice in fact and there is no reasonable ground for
believing the charge to be true (for example, no personal investigation made;
probable cause in belief is sufficient)
• Malice in fact: rivalry or ill-feeling existing at date of publication, intention to injure
the reputation of offended party, motivated by hate and revenge
• In proceedings, communication/ pleadings/others must be pertinent and material
to subject matter to be covered by privilege.
• Only matters which are not confidential in nature may be published.
• Defamatory remarks and comments on the conduct or acts of public officers which
are related to the discharge of their official duties will not constitute libel if
defendant proves
• the truth of imputation; any attack upon private character on matters not related to
discharge of official duties may be libelous.
• Conduct related to discharge of duties of public officers are matters of public
interest.
• Mental, moral and physical fitness of candidates for public office may be object of
criticism; criticism – does not follow a public man into his private life and domestic
concerns.
• Statements made in self defense or in mutual controversy are often privileged;
person libeled is justified to hit back with another libel.
• However, retaliation and vindictiveness cannot be basis of self-defense in
defamation; self-defense must be on matters related to imputations made on
person invoking defense.
• He who published what is true, and in good faith and for justifiable ends, incurs no
responsibility.

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Article 355 – Libel by Means of Writing or Similar Means

The means by which libel may be committed are writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical or cinematographic exhibitions,
or any similar means.

NOTES:

• Use of amplifier slander not libel.

• Television program libel.
• Penalty is in addition to civil liability.
• Libel may be absorbed in crime of threats if intent to threaten is principal aim and
object.
• If defamatory remarks are made in the heat of passion which culminated in a threat,
the derogatory statements will not constitute an independent crime of libel but a
part of the more serious crime of threats.

ILLUSTRATION:

In a libel case filed in August 2006 against RP Nuclear Solutions and blogger Abe
Olandres, the Pasig City Prosecutor dismissed the charges against them because they
have no participation in the creation nor authority to modify the content of the site being
hosted where the allegedly libelous remarks were posted. The prosecutor however
ordered the filing of cases against two other respondents who never denied authorship of
the posted comments.

It remains debatable when the moment of publication occurs with respect to statements
made over the Internet. One view holds that there is publication once the statement is
uploaded or posted on a website.

The other view maintains that publication occurs only when another person gains access
or reads the statement on the site.

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Article 356 – Threatening to Publish and Offer to Prevent Such Publication for a
Compensation

ACTS PUNISHABLE:

1. By threatening another to publish a libel concerning him, or his parents, spouse,

child, or other members of his family; or
2. By offering to prevent the publication of such libel for compensation, or money
consideration.

NOTES:

• BLACKMAIL as any unlawful extortion of money by threats of accusation and

exposure is possible in the crimes of light threats (Article 283) and in threat to
publish libel (Article 356).
• Blackmail can also be in the form of light threats, which is punished under
ARTICLE 283.

Article 357 – Prohibited Publication of Acts Referred to in the Course of Official

Proceedings

ELEMENTS:

1. That the offender is a reporter, editor or manager of a newspaper, daily or

magazine;
2. That he publishes facts connected with the private life of another; and
3. That such facts are offensive to the honor, virtue and reputation of said person.

NOTES:

• The prohibition to publish applies even such publication be made in connection

with or under the pretext that it is necessary in the narration of any judicial or
administrative proceedings wherein such facts have been mentioned.
• Article 357 constitutes the “Gag law” which bars from publication news reports on
cases pertaining to adultery, divorce, issues about the legitimacy of children, etc.
• Source of news report may not be revealed unless court or Congress finds such
revelation is demanded by the security of the State.
• This article is referred to as the Gag Law.
• Under RA 1477, a newspaper reporter cannot be compelled to reveal the source
of the news report he made, UNLESS – The court or a House or committee of
Congress finds that such revelation is demanded by the security of the state.
• Libel - Defamation is in writing
• Slander - is oral defamation. It can be grave or simple

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Article 358 – Slander – Oral Defamation

KINDS OF ORAL DEFAMATION:

1. Grave slander - defamation is of a serious and insulting nature;

2. Simple slander - light insult or defamation.

FACTORS THAT DETERMINE GRAVITY OF THE OFFENSE:

• Expressions used
• Personal relations of the accused and the offended party,
• Circumstances surrounding the case, and
• Social standing and position of the victim.

NOTES:

• Words uttered in the heat of anger constitute light oral defamation.

• If the utterances were made publicly and were heard by many people and the
accused at the same time pointed his finger at the complainant, oral defamation is
committed.

Article 359 – Slander by Deed

ELEMENTS:

1. That the offender performs any act not included in any other crime against honor;
2. That such act is performed in the presence of other person or persons; and
3. That such act casts dishonor, discredit or contempt upon the offended party.

Seriousness of slander by deed depends on the social standing of offended

party, the circumstances surrounding the act, the occasion.

DISTINCTIONS:

1. Unjust vexation - irritation or annoyance; anything that annoys or irritates without

justification.
2. Slander by deed - irritation or annoyance + attendant publicity and dishonor or
contempt.
3. Acts of lasciviousness - irritation or annoyance + any of the 3 circumstances
provided in Article 335 on rape (i.e. use of force or intimidation; deprivation of
reason or rendering the offended unconscious; or if offended party was under 12
years old, together with lewd designs)

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ALSO, of two kinds:

• Simple
• Grave: of a serious nature

ACTUS REUS resulting in ANNOYANCE = UNJUST VEXATION

ACTUS REUS resulting in DAMAGE TO PROPERTY = MALICIOUS MISCHIEF
ACTUS REUS + PUBLICITY resulting in DISHONOR = SLANDER BY DEED
ACTUS REUS + CIRCUMSTANCES IN RAPE (NO CARNAL KNOWLEDGE) + LEWD
DESIGNS = ACTS OF LASCIVIOUSNESS

Article 360 – Persons Responsible

PERSONS LIABLE:

1. The person who publishes, exhibits or causes the publication or exhibition of any
defamation in writing or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily newspaper magazine or serial
publication; and
4. The owner of the printing plant which publishes a libelous article with his consent
and all other persons, who in any way participate in or have connection with its
publication.

VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES IN CASES OF WRITTEN

DEFAMATION:

1. Where the libelous article is printed and first published, or

2. Where any of the offended parties actually resides at the time of the commission
of the offense, or
3. Where one of the offended parties is a public officer:
a. If his office is in the City of Manila, with the RTC of Manila, or the city/province
where the article is printed and first published.
b. Otherwise, with the RTC of the city/province where he held office at the time of
offense; or where the article is first published, or
4. Where one of the offended parties is a private individual, with the RTC of
province/city where he actually resides at the time of the crime or where the article
was printed or first published.

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NOTES:

• Complaint for defamation imputing a private crime (i.e. adultery, concubinage,

seduction, abduction, and acts of lasciviousness) must be filed by the offended
party.
• Person who publishes libelous letter written by offended party is liable (publishing
and not composing is the prime requisite of crime)
• Liability of editor is same as author.
• Limitations of venue: in order to minimize interference with public function if a
public officer, and also to avoid unnecessary harassment of accused (to limit out-
of-town
• libel suits)
• Actual damages need not be proved where publication is libelous per se.
• Action for exemplary damages may be awarded if action is based on quasi-delict.
• No remedy for damages for slander or libel in case of absolutely privileged
communication.

Under Republic Act No. 8792, otherwise known as the Electronic Commerce Act, a
party or person acting as a service provider incurs NO civil or criminal liability in
the making, publication, dissemination or distribution of libelous material if:

a. The service provider does not have actual knowledge, or is not aware of the facts
or circumstances from which it is apparent that making, publication, dissemination
or distribution of such material is unlawful or infringes any rights;
b. The service provider does not knowingly receive a financial benefit directly
attributable to the infringing activity;
c. The service provider does not directly commit any infringement or other unlawful
act and does not induce or cause another person or party to commit any
infringement or other unlawful act and/or does not benefit financially from the
infringing activity or unlawful act of another person or party (Section 30, in relation
to Section 5, E- Commerce Law)

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Article 361 – Proof of the Truth

PROOF OF TRUTH IS ADMISSIBLE WHEN:

1. The act or omission imputed constitutes a crime regardless of whether the

offended party is a private individual or a public officer, or
2. The offended party is a government employee, even if the act or omission imputed
does not constitute a crime, provided, it is related to the discharge of his official
duties.

REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE:

• It appears that the matter charged as libelous is TRUE (for situations (1) and (2)
above); and
• It was published with good motives and for a justifiable end (for situation (1) only).

NOTES:

• The proof of the truth of the accusation cannot be made to rest upon mere hearsay,
rumors, or suspicion but upon positive, direct evidence upon which a definite
finding may be made by the court.
• An imputation that a person has contagious disease might under ordinary
circumstances be defamatory but loses such character when made with good
intention and justifiable motive.
• There is no libel when there is no malice
• Retraction may mitigate the damages; if article is libelous per se, publication due
to honest mistake is only mitigating.

RULE OF ACTUAL MALICE: Even if the defamatory statement is false, NO liability

can attach IF it relates to official conduct, UNLESS --- The public official concerned
proves that the statement was made with actual malice, i.e., with knowledge that it
was false or with reckless disregard of whether it was false or not.

Article 362 – Libelous Remarks

Libelous remarks or comments on privileged matters (under Article 354), if made

with malice in fact, will not exempt the author and editor or managing editor of a
newspaper from criminal liability.

NOTES:

• This article is a limitation to the defense of privileged communication. Even if

matter is privileged and malice in fact is proved, author and editor is liable.
• Author/editor of publication who distorts, mutilates or discolors official proceedings
reported by him, or add comments thereon to cast aspersion on character of
parties concerned is guilty of libel.

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 CHAPTER TWO – INCRIMINATORY MACHINATIONS

Article 363 – Incriminating Innocent Person

ELEMENTS:

1. That the offender performs an act;

2. That by such act he directly incriminates or imputes to an innocent person the
commission of a crime; and
3. That such act does not constitute perjury.

2 KINDS OF INCRIMINATING AN INNOCENT PERSON:

1. Making a statement which constitutes:

a. Defamation, or
b. Perjury (if made under oath and is false)
2. Planting evidence

NOTES:

• Article 363 is limited to planting evidence and the like, which tend directly to cause
false prosecution.
• Incriminatory machinations distinguished from defamation – does not avail himself
of written or spoken words.
• There is a complex crime of incriminating an innocent person through unlawful
arrest.
• As far as this crime is concerned, this has been interpreted to be possible only in
the so-called planting of evidence. If this act is resorted to, to enable officers to
arrest the subject, the crime is unlawful arrest through incriminating innocent
persons.

INCRIMINATING PERJURY BY MAKING DEFAMATION

INNOCENT PERSON FALSE ACCUSATIONS
Acts of planting evidence Giving of false statement
and the like in order to under oath or making a
incriminate an innocent false affidavit, imputing to
person the person the commission
of a crime
Public and malicious
imputation calculated to
cause dishonor, discredit,
or contempt upon the
offended party

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Article 364 – Intriguing Against Honor

This felony is committed by any person who shall make any intrigue which has for
its principal purpose to blemish the honor or reputation of another person. It is
committed by saying to others an unattributable thing, that if it said to the person
himself, slander is committed.

NOTES:

• Intriguing against honor refers to any scheme or plot designed to blemish the
reputation of another by means which consist of some trickery.
• The intrigue is resorted to blemish honor or reputation of another person.
• Must be committed by means of some tricky and secret plot, and not gossiping
which falls under defamation.
• Where the source or author of derogatory information cannot be determined and
defendant passes it to others, defendant’s act is one of intriguing against honor; if
it came from a definite source, crime is slander.
• Intriguing against honor is referred to as gossiping: the offender, without
ascertaining the truth of a defamatory utterance, repeats the same and pass it on
to another, to the
• damage of the offended party.
• This crime is committed by any person who shall make any intrigue which has for
its principal purpose to blemish the honor or reputation of another person.

INTRIGUING AGAINST SLANDER INCRIMINATING

HONOR
The source of the
defamatory utterance is
unknown and the offender
simply repeats or passes
the same to blemish the
honor or reputation of
another
Offender made the
utterance, where the
source of the defamatory
nature of the utterance is
known, and the offender
makes a republication
thereof
INNOCENT PERSON
Offender performs an act
by which he directly
incriminates or imputes to
an innocent person the
commission of a crime

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