TITLE THIRTEEN CRIMES AGAINST HONOR A. ELEMENTS OF LIBEL DEFAMATION: (353) 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 circumstances. That the imputation must be made publicly. That it must be malicious. That the imputation must be directed at a natural or juridical person, or one who is dead. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed. Notes: Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead Kinds of malice: (a) malice in law; (b) malice in fact Malice is presumed to exist in injurious publications Publication is the communication of the defamatory matter to some third person/s Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of the person referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have identified the plaintiff. There are as many crimes as there are persons defamed. To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3rd persons. Criterion to determine whether statements are defamatory 1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hole the person up to public ridicule(US v O’Connel) 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer.(P v Encarnacion) FURTHERMORE: LIBELOUS REMARKS (362) Libelous remarks or comments on privileged matters (under Art. 354) if made with malice in fact will not exempt the author and editor. *This article is a limitation to the defense of privileged communication. ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363) That the offender performs an act. That by such act he directly incriminates or imputes to an innocent person the commission of a crime. That such act does not constitute perjury. Two Kinds: a. making a statement which is i. defamatory or ii. perjurious (if made under oath and is false) b. planting evidence Note: article is limited to planting evidence and the like INTRIGUING AGAINST HONOR (364) How committed: -by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person Notes: a. Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. b. Committed by saying to others an unattributable thing, if said to the person himself it is slander.
Posted on: Tue, 17 Sep 2013 14:52:56 +0000
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