LIBEL

What is Libel?

Libel is defined as: public and malicious imputation of a crime, or of a vice or

defect, real or imaginary, or any act, omission, condition, status, or circumstance
tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or
to blacken the memory of one who is dead.

It is synonymous to calumny, insult, and defamation.

Elements of Libel

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. It must be defamatory;
3. It must be malicious;
4. It must be given publicity; and
5. The victim must be identifiable.

Test of Defamatory character of a Statement

If the words are calculated to induce the hearers to suppose and understand that the
person.

The intention of the writer is immaterial. The question is the effect the publication had
upon the minds of the readers.

The article must be construed as a whole.

PUBLICATION

There is publication if the material is communicated to a third person. It is not required

that the person defamed has read or heard about the libelous remark. What is material
is that a third person has read or heard the libelous statement, for a mans reputation is
the estimate in which others hold him in, not the good opinion which he has of
himself. [Alonzo v. Court of Appeals, 241 SCRA 51 (1995)]

IDENTIFIABILITY

On the other hand, to satisfy the element of identifiability, it must be shown that at least
a third person or a stranger was able to identify him as the object of the defamatory
statement. In the case of Corpus vs. Cuaderno, Sr. (16 SCRA 807) the Supreme Court
ruled that in order to maintain a libel suit, it is essential that the victim be identifiable
(People vs. Monton, L-16772, November 30, 1962), although it is not necessary that he
be named (19 A.L.R. 116). In an earlier case, the high court also declared that
defamatory matter which does not reveal the identity of the person upon whom the
imputation is cast, affords no ground of action unless it be shown that the readers of the
libel could have identified the personality of the individual defamed. (Kunkle vs.
Cablenews-American and Lyons 42 Phil. 760).

MALICE

The law also presumes that malice is present in every defamatory imputation. Thus, Article 354
of the Revised Penal Code provides that:

Every defamatory imputation is presumed to be malicious, even if it be true, if no good

intention and justifiable motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the performance of any

legal, moral or social duty; and

2. 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.

Prescinding from this provision, when the imputation is defamatory, as in this case, the
prosecution need not prove malice on the part of the defendant (malice in fact), for
the law already presumes that the defendants imputation is malicious (malice in
law). The burden is on the side of the defendant to show good intention and justifiable
motive in order to overcome the legal inference of malice.

In order to constitute malice, ill will must be personal. So if the ill will is engendered by
ones sense of justice or other legitimate or plausible motive, such feeling negatives
actual malice. [Aquino, Ramon C., The Revised Penal Code, Vol. III, Bk. II, 1997 Ed.,
citing People v. de los Reyes, Jr., 47 OG 3569]

How Committed

Under Article 355 of the Revised Penal Code, libel may be committed by means of
writing, printing, lithography, engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any similar means.
Defamation made in a television program is libel. While the medium of television is not
expressly mentioned among the means specified in the law, it easily qualifies under the
general provision or any similar means. (People vs. Casten, et al., CA-G.R. No. 07924-
CR, December 13, 1974)

Persons Responsible

Any person who shall publish, exhibit, or cause the publication or exhibition of any
defamation in writing or bysimilar means, shall be responsible for the same. The author
or editor of a book or pamphlet, or the editor or business manager of a daily
newspaper, magazine or serial publication, shall be responsible for the defamations
contained therein to the same extent as if he were the author thereof.

Defenses

In every criminal prosecution for libel, the truth may be given in evidence to the court
and if it appears that the matter charged as libelous is true, and, moreover, that it was
published with good motives and for justifiable ends, the defendants shall be
acquitted.

Proof of the truth of an imputation of an act or omission not constituting a crime

shall not be admitted, unless the imputation shall have been made against Government
employees with respect to facts related to the discharge of their official duties.

In such cases if the defendant proves the truth of the imputation made by him, he shall
be acquitted.

It is important to remember that any of the imputations covered by Article 353 is

defamatory and, under the general rule laid down in Article 354, every defamatory
imputation is presumed to be malicious, even if it be true; if no good intention and
justifiable motive for making it is shown. There is malice when the author of the
imputation is prompted by personal ill-will or spite and speaks not in response to duty
but merely to injure the reputation of the person who claims to have been defamed.
Truth then is not a defense, unless it is shown that the matter charged as libelous was
made with good motives and for justifiable ends.