LIBEL

Forms of Libel
a). The facilities of the mass media i.e print and broadcast media such
as articles, news items, columns, caricatures, editorials in newspapers
and magazines; comments, opinions, news aired over the television or
radio stations
b). Modern communication facilities such as through the internet or
cellphones, CDs, DVDs
b). Literary outlets such as through letters, books, poems, songs, stage
plays, movies, paintings, drawings, pictures, sculpture and the like
Elements
A. First Element: There must be a defamatory imputation
1. This means that the matter claimed to be libelous must impute a
crime, vice, defect, or any act, or omission, condition, status or
circumstance, tending to cause the dishonor, discredit or contempt to a
natural or juridical person, or to blacken the memory of one who is
dead.
The purpose is to lower the esteem or honor, or respect, in which a
person is regarded, such as :
a). The victim is humiliated or publicly embarrassed
b). The victim is vilified, hated, becomes the subject of gossip, nasty
stories, suspected of wrongdoings, is avoided
c). The victim losses face, becomes a laughing stock, is the object of
ridicule
2. Rules to determine whether the language is defamatory or not:
a). What should be considered is what the matter conveyed to a fair
and reasonable man and not the intention of the author or the
accused.
b). Statements should not be interpreted by taking the words one by
one out of context; they must be taken in their entirety.
c). Words are to be given the ordinary meaning as are commonly
understood and accepted in the in daily life. The technical meanings do
not apply. This is especially true to idiomatic sayings. Thus Babaeng
Bayan does not mean a heroine. HayoksaLaman does not mean a

meat eater. Adu client nyangapagbigasan

3. How the imputation is made:
a). By the use of direct and express defamatory words, descriptions or
accusations. Examples: (i). He is a thief, swindler, babaero, ugly, wife
beater, a crook (ii) drawing a caricature of a person depicting him as a
crocodile
b). By the use of Figures of Speech such as:
(i) Hyperbole - exaggeration according to which a person is depicted as
being better or worse, or larger or smaller than is actually the case.
Example: (a). Mr. X is the gambling lord (b) She is the mother of all
cheaters. (c) Praise undeserved is slander in disguise
(ii) Irony or sarcasm or where words are used to convey a meaning
contrary to their literal sense. Examples: (a). Maria belongs to the
ladies called Kalapatingmababaanglipad (b). Dont bother asking him
for a treat. He is boxer ( i.e stingy or a miser) (c) He has a face only a
mother can love (d) She is my wife when she is beside me, yours when
she is near you. (e). She is very famous because she is a public
sweetheart.
(iii) Metaphor or the use of words or phrases denoting one kind of idea
in place of another word or phrase for the purpose of suggesting a
likeness between the two. Examples: (a) He is Satan personified on
earth. (b) She has an angelic face but covered with a skin as thick as
the hide of a carabao
c) Or words or phrases with double meanings such as those which
apparently are innocent but are deliberately chosen because in reality
they convey a different and a derogatory meaning. Example: He will
make a good husband. He is a mamas boy.
(i) Where the alleged libelous matter is susceptible of two or more
interpretations, one libelous and the other not libelous, the courts are
justified in holding that the real purpose of the writer was to have the
public understand what he wrote in the light of the worst possible
meaning
4. What are not defamatory
a). Words commonly used as expletives, denoting anger or disgust
rather than as defamation, such as the expressions Putanginaka,
tarandadoka, Ulol, Punyetaka.

b). Expressions of an opinion made by one who is entitled to state an

opinion on a subject in which he is interested. Examples:
(i) An heir writes that their was unfairness in the distribution of the
properties
(ii) A lady complains over the radio that there was discrimination
against Cordillera girls women in the selection of candidates to the
Miss Baguio Pageant
(iii). A law student writes in the school news organ that he believes the
faculty in the college of law are generally lazy and are not kept abreast
with new jurisprudence
(iv). A teacher declared in an interview that the students of one school
are less intelligent than those in another school
c). Words which are merely insulting are not actionable as libel or
slander per se, and mere words of general abuse however opprobious,
ill-natured, or vexatious whether written r spoken, do not constitute a
basis for an action for defamation in the absence of allegation for
special damages. The fact that the language is offensive to the plaintiff
does not make it actionable by itself ( MVRS Pub. Inc. vsIslamic
Dawah Council of the Phil. 444 Phil. 20; Binay vs. Sec. of Justice Sept.
8, 2006)
B. Second Element: Publicity of the Libelous Matter
1. This means the accused caused the libelous material to be known or
read or seen or heard by a third person, other than the person to whom
it has been written i.e. the victim. Somebody must have read, seen or
heard the libelous material due to the acts of the accused.
(A). The addressing of defamatory words directly to the person
concerned, and to no other person, does not constitute an actionable
libel.
(B). If it was the victim himself and not the accused, who showed,
informed or relayed the libelous material to others, then the accused is
not liable.
(C). Circulation or publicity is not necessarily through the newspaper.
(D). Examples:
i). Posting the material in the internet or posting in a bulletin board

ii). Showing the caricature, or naked picture, of the victim to another

iii) Announcements in the radio, or paid advertisements such as The
public is warned not to purchase the skin lotion products of ABC Corp.
to prevent possible cancer
iv). Asking someone to write a defamatory letter about the victim
iv). Sending the letter to the victim through a messenger but it is in an
unsealed envelope ( the presumption is that the letter is intended to be
read by anyone other than the victim). Thus if the letter is sent in a
sealed envelope, the element of publicity is missing.
2. Effect: Each separate publication of a libelous matter is a separate
crime, whether published in part, or in the same newspaper. Example:
(i) There as many crimes of libel as there are various showing or
staging of a libelous drama or stage play in different venues and at
various times.
(ii) If the same libelous news is published in two or more newspapers,
then there be such number of separate libels corresponding to the
different newspapers which published the material.
C. Third Element: The Person libeled must be identified. (Identity of
victim)
1. This means the complainant or plaintiff must prove he is the person
subject of the libelous matter, that it his reputation which was
targeted.
2. This element is established by the testimony of witnesses if the
complainant was not directly mentioned by name. They must be the
public or third persons who can identify the complainant as the person
subject of the libel. If third persons can not say it is the plaintiff or
complainant who is the subject, then it cannot be said that plaintiffs
name has been tarnished.
a). Where the publication is ambiguous as to the person to whom it
applies, the testimony of persons who read the publication is
admissible for the purpose of showing who is intended to be
designated by the words in said publication
3. How the identification or referral to the plaintiff is made
a). Directly by his name
b). By descriptions of his person, his address, nature of his office or
work, his actions, or any other data personally connected or related to

the plaintiff; or identification from similar other the circumstances

c) From the likeness of his face or features to the libelous drawing,
caricature, painting or sculpture
4. The victims maybe natural persons who are alive or juridical
persons, or deceased persons as to their memory.
5. Rule if several persons were defamed or libeled
a). If several persons were libeled in one article, but all are
identifiable, then there are as many charges of liable as there are
persons libeled
b). If the article is directed to a class or group of several persons in
general terms only without specifying any particular member, there is
no victim identified or identifiable, hence there is no actionable libel.
No person can claim to have been specifically libeled as to give that
person the right to file charges of libel.
Examples:
(i). Some lady students in the 4th year law class section A, are ugly
(ii). Two thirds of the law students are cheaters
(iii). Majority of the policemen are crooks
(iv). Most lawyers are thieves disguised in coat and tie
c). If the defamation is directed against a group or class and the
statement is so sweeping or all-embracing as to apply to every
member of that group or class, then any member can file an action for
libel in his own name, not in the name of the group/class. (Note:
Philippine laws do not recognize group libel). Or if the statement is
sufficiently specific so that each individual can prove that the
statement specifically point to him then he may bring an action in his
own name.
Examples:
(i). All those belonging to 4th year law class section A are sex perverts
(ii) Each and every employee in the accounting office is secretly taking
home part of the tuition fees paid.
(iii) If you are a faculty member of the college of law of U.B. then you

have no integrity but you are a yes-man of the school President

d). But even if directed against a group or class but the statement is
directly and personally addressed to a member or members thereof,
then only such member(s) can bring an action.
Example: A radio announcer addresses himself to Mr. X and Mr. Y and
says: Mr. X, and you Mr. Y. You Pangalatoks are sex maniacs. Only
Mr. X and Mr. Y can file an action for libel.
D. Fourth Element: That there be malice on the part of the accused.
1. Malice is the legal term to denote that the accused is motivated by
personal ill-will, spite, hatred, jealousy, anger, and speaks not in
response to duty but to do ulterior and unjustifiable harm. The purpose
is really to destroy, to injure, to inflict harm.
2. There are two kinds of malice
a). Malice in Law or Presumed Malice.
(i) The plaintiff need not prove the existence of malice. It is for the
accused to disprove this presumption
(ii) This presumption, that accused was actuated with an evil purpose
or malice, arises if the article is defamatory on its face, or due to the
grossness of the defamatory imputation even if the facts are true, but
there was no good intention or justifiable motive.
(iii) Examples:
(a). X writes an article about the sexual escapades of a society matron
complete with the details of time, place, and supported by pictures. In
such case the law presumes that X was actuated by malice even if
what he wrote is true.
(b). X calls the radio and announces that the family of Juan de la Cruz
is a family of thieves and crooks.
b). Malice in Fact or Malice as a Fact. -. It is the malice which must be
proven by the plaintiff. He must prove the purpose of the accused is to
malign or harm or injure his reputation. This arises either because:
(i) the article is not defamatory on its face or if libelous it is ambiguous
(ii) the accused was able to overcome the presumption of malice.
Prosecution for Libel
A. Remedies of the Victim: (i) the person libeled may file a criminal

case or a separate civil case for damages (ii) but he may opt to recover
damages in the same criminal case
B. Jurisdiction and Venue of the criminal action
1. a). Actions based on libel, whether civil or criminal, are within the
exclusive jurisdiction of the Regional Trial Court even if the penalty is
within the Jurisdiction of the Municipal Trial Courts.
b).The civil case must also be tried in the RTC trying the criminal case
(No separate civil action)
c) If the libel imputes any of the private crimes, the Prosecution must
be upon a complaint filed by the offended party
2. Venue: as a general rule the action for libel shall be in the RTC of the
province/city where the article was first printed and published ( Rule of
Place of First Print and Publication) but it may also be filed elsewhere
as follows:
a). If a private person: in the RTC of the province/city where he resides
b). If a public official and holding office in Manila: In the RTC of Manila
c) If a public official holding office outside Manila: in the RTC of the
province/city where he holds office
C. Persons Liable for Libel
1. In case of written libel:
a). The Authors of the written defamatory article, the artists, sculptor,
or painter
b). Any person who shall publish, exhibit or cause the publication or
exhibition thereof ( i.e. those persons other than the author, who make
known the libelous matter to a third person)
c). the editor or business manager of the print media where the article
was published
2. In case of non-written libel
a). the speaker, announcer or utterer of the defamatory statements
aired over the broadcast media; the host of the show where the
libelous statement is made
b). the producers and makers of the libelous cinematographic film,
stage show, play or drama

3. Other persons under the principle of Libel by Republication i.e. a

person is liable, though he is not the author of has nothing to do with
the libelous matter, if he knowingly republishes or circulates the said
libelous matter.
Defenses Allowed in Libel
1. Concept:
A. In general: if the accused proves the absence of any of the
elements, then he is not liable. Thus he may show: the material is not
defamatory; there is no publicity; it is impersonal and does not refer to
the plaintiff; or that there is no malice.
B. There are however specific defenses which may refer to any of the
elements of libel or are independent defenses in themselves. These
defenses were established by jurisprudence, particularly by United
States Decisions, as our Libel law is based primarily on American
concepts.
II. The Doctrine of Privilege Communication
A. This is a defense against the element of malice and it applies to
both libel and oral defamation. This means that even if the material is
considered libelous still there is no malice in the eyes of the law. These
consist of two kinds: (a) Absolutely Privilege Communication and the
(b) Qualifiedly Privileged Communication.
B. Absolutely Privileged Communication: this refers to a
communication, whether oral or written which is defamatory and may
even be made in bad faith but which cannot give rise to either criminal
or civil liability. This is because there are higher considerations
involved which are considered more paramount than the damage to
the reputation of a person.
1. Privilege Speeches in the halls of Congress
2. Communications made by public officers in the performance of their
duties, such as the explanations on a matter made by a public officer
to his superior though it contains harsh language
3. Statements made in judicial proceedings if pertinent and relevant to
the case involved, such as the allegations in the pleadings
4. Statements and evidence submitted in a Preliminary Investigation.
C. Qualifiedly/Conditionally Privileged Communication: this
refers to communications in which the law presumes the absence of
malice, thus they are initially not actionable. The burden therefore is
on the plaintiff to prove the existence of actual malice.
D. Two Kinds of Qualifiedly Privileged Communications Under
Article 354.

1. Private Communications, made by one to another in the

performance of a legal, moral or social duty provided that: (i). The one
making the communication must have an interest in the subject and
(ii) the person to whom the communication was made is one who can
act on the matter
(a). This communication maybe oral or written, private, public or
official document which are sent for redress of grievances or to request
for appropriate action. But it must be private in that it is intended to
be only between the sender and the recipient. Undue publicity
removes the privilege.
Hence a so called Open Letter is not privileged. Also, accusations
made in a public gathering are not privileged.
(b). The communication must meet these elements:
(i). The person who made the communication had a legal, moral or
social duty to make the communication, or at least, had an interest to
protect, which interest may either be his own or of the one to whom it
is made
(ii). The communication is addressed to an officer or a board, or
superior, having some interest or duty in the matter, and who has the
power to furnish the protection sought ( or that the recipient is a
proper person who can act on the communication) and
(iii). The statements in the communication are made in good faith and
without malice ( Binay vs. Sec. of Justice, Sept. 08, 2006)
Legal duty: presupposes a provision of law imposing upon the accused
the duty to communicate. Such as the complaint by a citizen
concerning the misconduct of a public official to the latters superior
even if, upon investigation, the matters are not substantiated. But it
may be shown that the charges were maliciously made without
reasonable ground for believing them to be true.
Also, a report to the police by a citizen about the suspected criminal
activities of another person, even if latter it is proved the suspicions
were groundless, is privileged.
(d). Moral or social duty presupposes the existence of a relationship
between the sender and the recipient of the communication, or the
confidential and pressing urgency of the communication.
(e). The sender must have an interest in the subject of the

communication and the recipient must be a proper person who can act
on the subject to the communication.
Thus a letter-complaint describing an SLU law professor as lazy
incompetent, and an absentee, is privileged if sent to the SLU
President. It is not privileged if sent to the President of U.B.
If a teacher writes to his fellow teacher that a student of his is
becoming irresponsible and possibly a drug user, the same letter is not
privileged. But if sent to the parents of the student for their information
and action, it is conditionally privileged.
(f). In Alcantara vs. Ponce ( Feb. 28, 2007) the court adopted the ruling
in the U.S case of Borg vs. Borg in that a written charge or information
filed with the prosecutor or the court is not libelous although proved or
be false and unfounded. Furthermore, the information given to a
prosecutor by a private person for the purpose of initiating a
prosecution is protected by the same cloak of immunity and cannot be
used as a basis for an action for defamation.
In this Alcantara case, a newsletter submitted by party in a preliminary
investigation, which was defamatory, was considered as a privilege
communication.
It was also ruled that under the Test of Relevancy, a matter alleged in
the course of the proceedings need not be in every case material to
the issues or be so pertinent to the controversy that it may become the
subject of inquiry in the course of trial, so long as they are relevant.
2.-A: A fair and true report of any official proceeding, or of any
statement, report, or speech, made thereat
(a). The proceeding must not be confidential, such as the hearings
before the Senate, as opposed to the close door executive sessions of
the senate . Thus if the report is with respect to a public record, it
refers only to those made accessible to the public which may be
revealed for public interest or protection of the public.
(b) The report must be without any unnecessary comment or libelous
remarks ( i.e. no editorializing)
(c).The report must be accurate and should not intentionally distort the
facts. If there is error in the facts reported, the report is still privilege if
made in good faith
(d) Examples: News report of a judicial proceeding, including the filing

of a complaint in court; or what a witness testified; or of a verbal and

heated argument between two councilors during the session of the city
council.
(e). This defense apply most often to members of the media who write
on said matters or report them as news
2-B. Fair and True Report of the Official Acts of a Public Official
(a). The public and official acts of a public official, including his policies,
are legitimate subjects of comments and criticisms, though they may
be unfair. Public officials are not supposed to be onion-skinned. Public
officials, like Ceasars wife, must be beyond reproach and above
suspicion.
(b). But the communication may be actionable:
(i) If it contains an imputation which is a false allegation of a fact or a
comment based on a false supposition
(ii). If the attack, criticism or imputation pertains to his private acts or
private life, unless these reflect on his public character and image as a
public official.
(iii) As stated in the U.S. case of New York Times vs. Sullivan, a public
official may recover damages if he proves that : the statement was
made with actual damage, that is, with knowledge that it was false or
with reckless disregard of whether it was false or not
B. Matters Considered Privileged By Jurisprudence
1. Fair Comments on Matters of Public Interest
(a) In Borjal vs. Ct. of Appeals, (301 SCRA 1, Jan. 14, 1999) it
was held that the enumeration in Article 354 is not an exclusive list of
qualifiedly privileged communications because fair comments on
matters of public interest are privileged and constitute a valid defense
in an action for libel or slander
(b). They refer to events, developments, or matters in which the public
as a whole has a legitimate interest.
Examples
(i). A news report on the welfare of youth and students in a school
allegedly staffed by incompetents, or a dumping ground of misfit

teachers, concerns a matter of public interest.

(ii). An editorial criticizing the owner of a ship which sunk, for his delay
in extending financial help to the family of the victims, is not libelous
as the in action is a matter of public interest.
(iii). The arrest and prosecution of law violator is a matter in which the
public has a right to know. Thus there is no liability for reporting that a
lady was arrested for selling shabu or that a person was charged in
court or convicted by a court for Estafa. The persons in question
cannot file a case for libel.
(iv). A radio announcer lambasts a family for their adamant refusal to
vacate and remove their structure inside a park.
2. Comments and Criticisms on the Actuations of Public Figures
(a) Public figures refer to people who place themselves in the public
limelight or attention either: by nature of their business or activity, or
mode of living, or by adopting a mode of profession or calling which
gives the public a legitimate interest in his doings, his affairs and in his
character or which affect public interest (these are the celebrities), or
because they participate in public affairs or regularly and publicly
expound their views on public affairs.
Examples of the first: movie stars; national athletes; those
representing the Philippines in world beauty pageants, Manny
Pacquiao; hosts of TV shows/programs such as the Tulfo brothers,
musicians, novelists. The spouse of the President is a public figure.
Examples of the second: candidates for an elective position; columnists
of national newspapers, TV/radio commentators, Cardinal Sin during
his time, Jose Maria Sison.
( b) As with public officials, the imputation maybe actionable if it is (i)
a false allegation of fact or (ii) it is based on a false supposition.
3. Justified Libel or the Privilege of a Reply.
This is fighting libel with libel. This refer to communications made in
response to a libel in order to counter and/or remove the libel,
provided it is limited to and related to the defamatory imputation and
not unnecessarily libelous.
4. Truth And Good Motives or Justifiable Ends.
A. It is not enough that what was publicized about another is true. The
accused must also prove good motives or intentions and justifiable

ends, in order to disprove malice.

B. This defense is available only if: (a) What is imputed to another is a
crime regardless if the victim is a private or public person or (ii) if the
victim is a public officer regardless of whether a crime is imputed, so
long as it relates to the discharge of their official duties
C. Illustrations: one writes about the criminal activities of another in
order to show that crime does not pay, or to set an example of what
conduct to avoid.
5. The Principle of Neutral Reportage.
A. This is a defense available to one charged not as the author but as
arepublisher of a libelous material
B. The republisher who accurately and disinterestedly reports certain
defamatory statements made against public figures, is shielded from
liability, regardless of his subjective awareness of the truth or falsity of
the accusation. ( SeeFil Broadcasting Net Work vs. AGO Medical and
Educational Center, 448 SCRA 413)
Example: A parent of a student goes on radio to denounce a school
teacher as being incompetent, absentee, bias and prejudiced. A news
reporter quoted the accusations in his news article. He is not liable
even if he personally knows the accusations are untrue.
356. Libel As A Threat (Blackmailing)
I. Concept: The law punishes a person who demands a compensation
or money consideration by:
1. threatening to publish a libel concerning a person or his family and
2. offering to prevent the publication of a libel
II. Principles:
A. This a form of blackmailing because there is an extortion for money
under threat of so called exposing a person. This is often called
demand for Hush Money
B. If both modes were committed by a single person, there is only one
offense. If committed by two different persons there be two separate
offenses, unless both are in conspiracy.
C. The crime is consumated once the threats or offers were made.
III. Examples:
A. The accused threatened to publish in a weekly periodical certain
letters written by a married woman unless she paid a certain sum of
money.

B. The producer of a TV Program demanded money from a politician

otherwise he would expose the sexcapades of the politician.
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