TITLE 13: CRIMES AGAINST HONOR

CHAPTER 1: LIBEL

Kinds of defamation: WOS

1. Written defamation or Libel
2. Oral defamation or Slander
3. Slander by Deed

Elements: DMPI
1. Defamatory
2. Malicious
3. given Publicly
4. victim must be Identifiable

WRITTEN DEFAMATION OR LIBEL ORAL DEFAMATION OR SLANDER SLANDER BY DEED

Elements of Oral Defamation or Libel: IPIM Classification of Slander: GS Classification of slander by deed: GS
Kinds of Malice: MM Considerations: GPFS
Kinds of Privileged communication: AQ
Means of committing libel: W-PLER-PPT-CA

A public and malicious imputation refers to the commission of acts, it does not refer to the use
of a crime, vice, or defect of words, with the intent to blemish the credit and
whether real or imaginary, reputation of another person.

or any act, omission, condition, status, or circumstance

tending to cause dishonor, discredit or contempt
of a natural or juridical person

or to blacken the memory of one who is dead.

Classification of Slander: GS Classification of slander by deed:

1. Grave slander 1. Grave slander by deed
2. Simple slander 2. Simple slander by deed
 Considerations whether serious or insulting: GPFS
1. Grammar and meaning sense of the statement
2. Personal relations of accused and offended party
3. Facts and Circumstances surrounding the case
4. Social standing and position of the offended party

Elements: IPIM
1. Imputation or allegation of a crime or a vice of defect,
whether real or imaginary
or any act or omission, condition, status or circumstance
which tend to dishonor or discredit
a natural or juridical person.

2. Publication of the said defamatory statement or article

3. Identity of the person defamed

must be established or identified

4. existence of Malice

Kinds of Malice: MM
1. Malice in Law
(Law presume malice,
defense to prove that there was no malice)
2. Malice in Fact or Express Malice
(Law does not presume malice,
Must be proven by prosecution)

General rule: Kapag impute mo about crime (ex:

magnanakaw ka) without proof naman or di ka man lang
nagresearch about truthfulness (element of malice:
knowing it to be false or reckless regard of whether it be
false or not) ACTIONABLE LIBEL YAN

Exception: PRIVILEGE COMMUNICATION (AQ)

1. Absolute Privilege Communication
(senator in session, witness in open court, lawyer in pleadings)
2. Qualified Privilege Communication
or Conditional Privilege Communication
(from one person to another in exercise of legal, professional, or moral
duty, fair and true report made in good faith without any comment in a
legislative or judicial proceedings, performance or functions of public
officers)
Means of committing libel: W-PLER-PPT-CA
1. Writing
2. Printing
3. Lithography
4. Engraving
5. Radio
6. Phonograph
7. Painting
8. Theatrical Exhibition
9. Cinematographic Exhibition
10. Any similar means (Television)

Notes:

Filing of libel case

- General rule: prision correcional penalty sa MTC
lang sya pero RPC expressly stated na libel cases
should be filed in RTC

- Private individual
Article was printed
Article was first established
Offended party was residing at the time of
the commission of the crime

- Public officer
Article was printed
Article was first established
Public officer is working at the time of the
commission of the crime
CHAPTER 2: INCRIMINATORY MACHINATIONS

ARTICLE 363: INCRIMINATING INNOCENT PERSON ARTICLE 364: INTRIGUING AGAINST HONOR

Any person who, by any act not constituting perjury, any intrigue which has for its principal purpose to blemish the honor or reputation of a
shall directly incriminate or impute to an innocent person person.
the commission of a crime

Exceptions:
1. Perjury
2. Planting of Evidence under Dangerous Drugs Act (R.A 9165 Section 29)