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Libel written
Slander oral; verbal utterances
Slander by deed any which is not written or oral
Examples:
Elements of Defamation
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. The imputation must be made publicly
3. It must be malicious
4. The imputation must be directed at a natural or
juridical person, or one who is dead
5. The imputation must tend to cause the dishonor,
discredit or contempt of the person defamed
LIBEL
-
HISTORY:
-
Or both
Exceptions:
Imputation of criminal intention not
libelous
- Intent to commit a crime is not violation
of the law. More so if it is a mere
assertion/ expression of opinion to the
future conduct of another
An expression of opinion by one affected
by the act of another and based on actual
fact is not libelous
2 types of Malice:
1. MALICE IN FACT
- Shown by proof of ill-will, hatred or purpose to injure
- Expressed malice
2. MALICE IN LAW
- Presumed from a defamatory imputation
- Proof of malice is not required because it is presumed
to exist from the defamatory imputation (Art. 354, 1 st
paragraph)
- Presumption of malice in does not arise in 2 cases of
privileged communication:
a. A private communication made by any person to
another in the performance of any legal, moral,
social duty (Art. 354, No. 1)
b. 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 (Art. 354, No. 2)
-
PRIVILEGED COMMUNICATION
I.
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
3. That such facts are offensive to the honor, virtue and
reputation of said person.
*Prohibition applies even if the facts are involved in official
proceedings
Extent of application of gag law
ART. 357 constitutes GAG LAW
-
Slander by deed
distinguished
-
and
acts
of
lasciviousness,
Unjust Vexation,
distinguished
Slander,
Act
of
Lasciviousness,
Unjust Vexation
Anything that annoys or irritates another
without justification
If in addition to the irritation/ annoyance, there was
attendant publicity and dishonor or contempt, the
offense would be Slander by Deed.
If in addition to annoyance or irritation, there was
present any of the circumstance in Art. 335 of the code
(rape - force intimidation, deprivation of reason,
rendering offended party unconscious, if offended
party was under 12 years of age together with lewd
designs) crime would be Act of Lasciviousness
do
not
determine
the
Summary:
1. Whether the offended party is a public official or
private person, the criminal action may be files in the
Court of First Instance of the province or city where
the libellous article is printed and first published
2. If the offended party is a private individual, the
criminal action may also be filed in the Court of First
Instance of the province where he actually resided at
the time of the commission of the offense
3. If the offended party is a public official holding office,
the action may be files in the Court of First Instance of
the province or city where he held office at the time of
the commission of the offense
Civil and Criminal actions must be filed in the same
court
-
Damages in defamation
-