ARTICLE 353 – LIBEL

Elements:
1. That there must be an imputation of a crime, or 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 person or a juridical person, or one
who is dead;
5. That the imputation must tend to cause the dishonor, discredit, or contempt of the
person defamed.

ARTICLE 354

General Rule: Every defamatory imputation is presumed to be malicious, even if it be

true.

Exception: The presumption is rebutted if it is shown by the accused that:

1. The defamatory imputation is true, in case the law allows proof of the truth of the
imputation (see Art. 361);
2. It is published with good intention;
3. There is justifiable motive for making it.

Two types of malice:

1. Malice in fact – shown by proof of ill-will, hatred, or purpose to injure; known as
express malice.

The existence of malice in fact may be “shown by extrinsic evidence that the defendant
bore a grudge against the offended party, or that there was rivalry or ill-feeling between
them which existed at the date of the publication of the defamatory imputation or that
the defendant had an intention to injure the reputation of the offended party as shown
by the words used and the circumstances attending the publication of the defamatory
imputation”.

2. Malice in law – presumed to be malicious from the defamatory imputation even if it

is true; proof is not required because it is presumed to exist from the defamatory
imputation.

The general rule laid down in 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.” Prescinding from this
provision, when the imputation is defamatory, “the prosecution need not prove malice
on the part of the defendant (malice in fact), for the law already presumes that the
defendant’s 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”.