INGAT INGAT DIN PO PAG MAY TIME! A statement becomes LIBELOUS when all the following elements are present: a. There is a defamatory statement attributing to a person a crime, a vice or defect, whether real or imaginary, or any act, omission, status, or circumstance. Such a defamatory statement tends to cause dishonor, discredit, or contempt. b. There is malice in the statement. The law expressly states 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.” Hence, truth alone is not a defense in libel. It must likewise be proven that it was made with good intentions and not to injure the reputation of the subject of the defamatory statement. c. The statement was made publicly. In libel, publication means the communication of the defamatory statement to a third person. Communication to at least one person already constitutes as “publication.” d. The victim--a natural, juridical, or dead person--is identifiable. Even if he is not named, this element is satisfied if the victim can be identified by a third person or a stranger. WHAT IS SLANDER? Penalized by Article 358 of the Revised Penal Code, slander or oral defamation is libel committed by oral (spoken) means instead of in writing. The term oral defamation or slander, as now understood, has been defined as the speaking of base and defamatory words, which tend to prejudice another in his reputation, office, trade, business, or means of livelihood. (Villanueva vs. People, G.R. No. 160351 [2006]) On the other hand, slander by deed is libel committed not by words, but by means of an act, which tends to cause dishonor, discredit, or contempt upon another person. (Article 359 of the Revised Penal Code) femalenetwork/news-features/what-you-should-know-about-libel-and-slander
Posted on: Sun, 17 Aug 2014 07:20:10 +0000
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