Understanding Defamation and Libel

• Magistrate judges are selected by district judges.
• Magistrate judges serve a specified term.

Defamation

• Defamation injures a person's character, fame, or reputation through false and malicious statements.
• Defamation includes both libel and slander.

Libel Defined (Art. 353)

• Libel is a public and malicious imputation of a crime, vice, or defect.
• Libel can involve real or imaginary acts, omissions, conditions, status, or circumstances.
• It tends to cause dishonor, discredit, or contempt of a natural or juridical person, or blackens the memory of someone deceased.
• The elements of libel are:
• Imputation of a crime, vice, or defect, whether real or imaginary.
• The imputation must be made publicly.
• The imputation must be malicious.
• The imputation must be directed at a natural or juridical person (or someone deceased).
• The imputation must tend to cause dishonor, discredit, or contempt to the defamed person.

Publicity Requirement (Art. 354)

• Every defamatory imputation is presumed malicious, even if true, unless there is good intention and justifiable motive.
• Exceptions to this presumption:
• Private communication made in the performance of a legal, moral, or social duty.
• A fair and true report made in good faith, without comments or remarks, of judicial, legislative, or other official proceedings (if not confidential).

Libel by Writings (Art. 355)

• Libel committed through writing, printing, lithography, engraving, radio, phonograph, painting, theatrical or cinematographic exhibition, or similar means is punishable.
• Penalties include prisión correccional in its minimum and medium periods, a fine from 200 to 6,000 pesos, or both.
• A civil action may also be brought by the offended party.
• Note: Penalties have been amended by Republic Act No. 10951.

Threatening Libel (Art. 356)

• Threatening to publish libel or offering to prevent publication for compensation is punishable.
• The penalty is arresto mayor or a fine from 200 to 2,000 pesos, or both.
• This applies to threats concerning the person, their parents, spouse, child, or other family members.

Prohibited Publication (Art. 357)

• Publishing facts connected to someone's private life that are offensive, even connected to judicial or administrative proceedings.
• The penalty is arresto mayor or a fine of from 20 to 2,000 pesos, or both.
• This applies to reporters, editors, or managers of newspapers, dailies, or magazines.

Slander (Art. 358)

• Oral defamation is punished by arresto mayor in its maximum period to prision correccional in its minimum period.
• This applies if the slander is of a serious and insulting nature.
• Otherwise, the penalty is arresto menor or a fine not exceeding 200 pesos.

Slander by Deed (Art. 359)

• Performing an act not included in related crimes that casts dishonor, discredit, or contempt upon another person.
• The Penalty is arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos.
• For act is not of a serious nature, the penalty is arresto menor or a fine not exceeding 200 pesos.

Persons Responsible (Art. 360)

• Anyone who publishes, exhibits, or causes the publication/exhibition of defamation in writing or similar means is responsible.
• This includes the author or editor of a book/pamphlet, or the editor/business manager of a daily newspaper, magazine, or serial publication.

Proof of Truth (Art. 361)

• In libel cases, the truth can be given as evidence in court.
• If the matter is true and published with good motives and justifiable ends, the defendants shall be acquitted.
• Proof of truth of an imputation that doesn't constitute a crime is not admitted unless it concerns government employees and facts related to their official duties.