SECTION ONE 2.
Vice or defect, real or
DEFINITIONS, FORMS, AND
PUNISHMENT OF THIS CRIME
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.
Test of defamatory imputation:
A charge is sufficient if the words are
calculated to induce the hearers to
suppose and understand that the
person against whom they were
uttered was guilty of certain offenses,
or are sufficient to impeach the
honesty, virtue or reputation, or to
hold him up to public ridicule.
Notes:
- The meaning of the writer is
immaterial
- If criminal intention is imputed
against another, it is not
considered libelous
- An expression of opinion by
one affected by the act of
another and based on actual
fact is not libelous.
Imputation may cover:
1. Crime allegedly committed by
the offended party;
imaginary, of the offended
party;
3. Any act, omission, condition,
status of, or circumstances
relating to the offended party.
Dishonor - means disgrace, shame,
ignominy
Discredit - means loss of credit or
reputation; disesteem.
Contempt - means state of being
despised.
Publication: is the communication of
the defamatory matter to some third
person or persons. Thus, sending a
letter containing defamatory words
against another to a third person is
sufficient publication.
2 types of malice:
1. Malice in fact
shown by proof of ill-
will, hatred, or purpose
to injure; also known as
EXPRESS MALICE.
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. When the
communication is
PRIVILEGED, malice is
not presumed from the
defamatory words.
Malice (in fact) must be
proved.
Guidelines when several persons
are defamed:
1. If the defamation is made on
different occasions or by
independent acts, there are as
many crimes of libel as there are
persons directly addressed with
such statements or directly
referred to.
2. If the defamation is made on a
single occasion:
a) Where the same was directed
at a class or group of numerous
persons in general terms only
without any particular person
being directly addressed, there
is no victim identified or
identifiable, hence no
actionable libel.
b) If the statement is so sweeping
or all embracing as to apply to
every individual in that group
or class so that each individual
therein can prove that the
defamatory statement
specifically pointed to him, he
can bring his action separately.
c) If several identifiable victims
are libeled in a single article,
there are as many crimes of
libel as there are persons
defamed.
ARTICLE 354
REQUIREMENT FOR PUBLICITY
Every Defamatory Imputation is
Presumed to be Malicious, Even if it
be True.
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.
MALICE is not presumed in the
following cases involving
qualifiedly privileged
communication:
1. Private communication made
by any person to another in the
performance of any legal,
moral or social duty.
2. A fair and true report, made in
good faith, without any
comments or remarks, of any
judicial, legislative, or other
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.
Requisites of the first kind of
privileged communication:
1. That the person who made the
communication had a legal,
moral or social duty to make
the communication, or, at least,
he had an interest to be upheld;
2. That the communication is
addressed to an officer or a
board, or superior, having
some interest or duty in the
matter;
3. That the statements in the
communication are made in
good faith.
The defense of privileged
communication will be over
come if it is shown that (1) the
defendant acted with malice in
fact, or (2) there is no
reasonable ground for
believing the charge to be true.
Requisites of the second kind of
privileged communication:
1. That it is fair and true report of a
judicial, legislative, or other
official proceedings which are not
of a confidential nature, or of a
statement, report or speech
delivered in said proceedings, or
of any other act performed by a
public officer in the exercise of his
functions;
2. That it is made in good faith;
3. That it is without any comments
or remarks.
Therefore, qualified privileged
communications must be made
with malice and bad faith in
order to be actionable.
An absolutely privileged
communication is not
actionable even if made in bad
faith. Specifically recognized in
the Constitution as absolutely
privileged are statements made
in official proceedings of
Congress by members thereof,
as an implementation of their
parliamentary immunity.
Statements made in judicial
proceedings are privileged but
only if pertinent or relevant to
the case involved.
THE ANTI-WIRE TAPPING ACT
(R.A. No. 4200)
Unlawful acts by any person or
participant, not authorized by all
the parties to any private
communication or spoken word:
1. To tap any wire or cable.
2. To use any other device or
arrangement to secretly overhear,
intercept or record such
communication by using a device
known as dictaphone, dictagraph,
detectaphone, walkie-talkie or
tape-recorder.
3. To knowingly possess any
tape/wire or disc record of any
communication or spoken word
or copies thereof.
4. To replay the same for any person
or persons.
5. To communicate the contents
thereof, verbally or in writing.
6. To furnish transcriptions thereof,
whether complete or partial.
Exception: When a peace officer is
authorized by written order from the
court.
Any recording, communication or
spoken word obtained in violation of
the provisions of this Act
INADMISSIBLE IN EVIDENCE in any
judicial, quasi-judicial or
administrative hearing or
investigation.
ARTICLE 355
LIBEL BY MEANS OF WRITINGSOR
SIMILAR MEANS
Committed by means of:
1. Writing
2. Printing
3. Lithography
4. Engraving
5. Phonograph
6. Painting
7. Theatrical Exhibition
8. Cinematographic
9. Or any similar means
Defamation through amplifier system
is slander not libel.
If defamatory remarks are made in the
heat of passion, which culminated in a
threat, the derogatory statements will
not constitute an independent crime
of libel but a part of the more serious
crime of threats.
Administrative Circular No. 08-
2008, issued on January 25, 2008, laid
down a rule of preference for the
imposition of a fine only rather than
imprisonment in libel cases. The
Administrative Circular provides that:
1. It does not remove
imprisonment as an alternative
penalty for the crime of libel
under Article 355 of the
Revised Penal Code;
2. The Judges may, in the exercise
of sound discretion, and taking
into consideration the peculiar
circumstances of each case,
determine whether the
imposition of a fine alone
would best serve the interests
of justice or whether
forbearing to impose
imprisonment would
depreciate the seriousness of
the offense, work violence on
the social order, or otherwise
be contrary to the imperatives
of justice;
3. Should only a fine be imposed
and the accused be unable to
pay the fine, there is no legal
obstacle to the application of
the Revised Penal Code
provisions on subsidiary
imprisonment.
ARTICLE 356
THREATENING TO PUBLISH AND
OFFERTO PREVENT SUCH
PUBLICATION FOR
ACOMPENSATION
Acts punished:
1. Threatening another to publish
a libel concerning him, or his
parents, spouse, child or other
members of the family.
2. Offering to prevent the
publication of such libel for
compensation or money
consideration
This is also known as
blackmail. Art. 283 regarding
light threats is another form of
blackmail.
Blackmail may be defined as
any lawful extortion of money
by threats of accusation or
exposure.
It is essential that the threat to
publish, or to offer to prevent
the publication of libel must be
for a compensation or money
consideration, in order it may
be penalized under this article.
Blackmail is possible in the
following crimes:
a. Light threats. (Art. 283)
b. Threatening to publish, or
offering to prevent the
publication of, a libel for
compensation. (Art. 356)
ARTICLE 357
PROHIBITED PUBLICATION OF
ACTSREFERRED TO IN THE
COURSEOF OFFICIAL PROCEEDINGS
Elements:
1. That the offender is a reporter,
editor or manager of a
newspaper, daily or magazine;
2. He publishes facts connected
with the private life of another;
 3. Such facts are offensive to the
honor, virtue and reputation of
said person.
This article is referred to as the
Gag Law because while a
report of an official proceeding
is allowed, it gags those who
would publish therein facts
which this article prohibits, and
punishes any violation thereof.
The Gag Law prohibits the
publication of cases relating to
adultery, divorce, legitimacy of
children, etc.
Under Republic Act No. 1477:
A newspaper reporter cannot be
compelled to reveal the source of the
news report he made, unless the court
or a House or committee of Congress
finds that such revelation is demanded
by the security of the state.
ARTICLE 358
SLANDER (oral defamation)
Kinds:
1. Simple slander
2. Grave slander, when it is of a
serious and insulting nature
Factors that determine the gravity
of the oral defamation:
1. Expressions used;
2. Personal relations of the
accused and the offended
party;
3. Circumstances surrounding the
case;
4. Social standing and position of
the offended party.
The slander need not be heard
by the offended party.
Notes:
Gossiping is considered as oral
defamation if a defamatory fact
is imputed or intriguing against
honor if there is no imputation.
Self-defense in slander may
only be invoked if his reply is
made in good faith, without
malice, is not necessarily
defamatory to his assailant and
is necessary for his explanation
or defense.
ARTICLE 359
SLANDER BY DEED
Slander by Deed is a crime
committed by performing any act
which casts dishonor, discredit or
contempt upon another person.
Elements:
1. That the offender performs any
act not included in any other
crime against honor;
2. That such act is performed in the
presence of other persons;
3. That such act cast dishonor,
discredit, or contempt upon the
offended party. If there is no
intent to dishonor the offended
party, the crime is maltreatment
by deed under Article 266.
Slander by deed is of two kinds:
1. Simple slander by deed,
2. Grave slander by deed, that is,
which is of a serious nature.
Common Element of Slander
by deed and Unjust Vexation:
Irritation or Annoyance;
without any other concurring
factor, it is only Unjust
Vexation; if the purpose is to
 shame or humiliate, Slander by The proof of truth of the accusation
deed. cannot be based upon mere hearsay,
rumors or suspicion. It must be
SECTION TWO: GENERAL positive, direct evidence upon which a
PROVISIONS definite finding maybe made by the
court.
ARTICLE 360
PERSONS RESPONSIBLE FOR LIBEL Defense in Defamation:
1. It appears that the matters
1. The person who publishes, charged as libelous is true;
exhibits or causes the 2. It was published with good
publication or exhibition of any motives; AND
defamation in writing or 3. For a justifiable end.
similar means.
2. The author or editor of a book Incriminating Defamation
or pamphlet. Innocent
3. The editor or business manager Persons
of a daily newspaper magazine Offender does not Imputation is
or serial publication. avail himself of public and
4. The owner of the printing plant, written or spoken malicious
which publishes a libelous word in calculated to
article with his consent and all besmirching the cause dishonor,
other persons who in anyway victims discredit, or
participate in or have reputation. contempt upon
connection with its publication. the offended
party.
An independent civil action may be
filed simultaneously or separately in ARTICLE 362
the same RTC where the criminal LIBELOUS REMARKS
action was filed and vice versa.
Libelous remarks or comments
ARTICLE 361 connected with the matter privileged
PROOF OF TRUTH under the provisions of Art. 354, if
made with malice, shall not exempt
When proof of the truth is the author thereof nor the editor or
admissible in a charge for Libel: managing editor of a newspaper from
1. When the act or omission imputed criminal liability.
constitutes a crime regardless of
whether the offended party is a ARTICLE 363
private individual or a public INCRIMINATING INNOCENT
officer. PERSONS
2. When the offended party is a
Government employee, even if the Elements:
imputation does not constitute a 1. That the offender performs an act;
crime, provided it is related to the
discharge of his official duties.
2. That by such act he directly Intriguing Defamation
incriminates or imputes to an Against Honor
innocent person the commission Source of Source is known.
of a crime; derogatory
3. That such act does not constitute statements
perjury. cannot be
determined.
Incriminating Perjury by Consists of some Committed in a
Innocent Persons Making False tricky and secret public and
Accusation plot. malicious manner.
Limited to the act Giving of false Passes such The remarks
of planting statement under utterances made are claimed
evidence and the oath or making a without to be true.
like in order to false affidavit, subscribing to the
incriminate an imputing to the truth of the
innocent person. person the remarks.
commission of a
crime.
It is committed by It is committed
performing an act when the
by which the imputation was
offender directly falsely made
incriminates or before an officer.
imputes to an
innocent person
the commission of
a crime.

ARTICLE 364
INTRIGUING AGAINST HONOR

Committed by any person who shall

make any intrigue, which has for its
principal purpose to blemish the
honor or reputation of another.

This refers to such intrigues against a

persons honor or reputation, which
are not otherwise punished under
other articles of the code. It differs
from defamation in that it consists of
tricky or secret plots and may be
committed without using written or
spoken words, which are defamatory.