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CRIM2 FINALS > TITLE 13 > Flashcards

TITLE 13 Flashcards

1
Q

Elements of libel

A
  1. There must be an imputation of–
    a crime, a vice or defect, real or imaginary, OR any act, omission, condition, status, or circumstance;
  2. The imputation must be made publicly;
  3. It must be malicious;
  4. The imputation must be directed at a natural or juridical person, or one who is dead; and
  5. The imputation must tend to cause dishonor, discredit or contempt of the offended party
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2
Q

Defamation is composed of:

A

Libel – written defamation (355)
Slander – oral defamation (359)
Slander by deed – defamation through acts (359)

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3
Q

Test of the defamatory character of words used:

A

The test of a defamatory implication is what the article conveys to a fair and reasonable man, not the intent of the writer.

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4
Q

Rules for purposes of libel:

A
  1. If on its face, the article is defamatory, even if the facts therein are true, it is presumed that the offender acted with malice. There is malice in law
  2. If the article is not defamatory on its face, it can be considered libelous in light of the surrounding circumstances which gave rise to its existence. Then, actual malice on the part of the offender or malice in fact has to be true.
  3. Generally, when the defamation is directed to, or in connection to the private life of the victim, then, there is malice in law. Where it is in connection with his public life, or his conduct as a public officer or as a public figure, malice in law does not arise since the public has the right to comment therein.
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5
Q

First element: What if it’s imputation of criminal intent?

A

Imputation of criminal intention is not libelous.

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6
Q

Is this libel “An expression of opinion by one affected by the act of another and based on actual fact “?

A

No

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7
Q

Second Element: Is there a crime when it is not published?

A

No

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8
Q

What is publication?

A

Making the defamatory matter, after it is written, known to someone other than the victim (IMPORTANT, WORD PER WORD).

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9
Q

Are unsealed letters even just to one third person libelous?

A

Yes

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10
Q

Is the actual meaning of the article materia?

A

No, what matters is what he conveyed to those who heard or read his work.

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11
Q

Malice in Law v. Malice in Fact

A

MIL: Presumed from defamatory character of statement. Statement is presented to court, and the latter will decide whether or not it is defamatory.

MIF: To be proved by prosecution ONLY IF malice in law has been rebutted. Can be negated by evidence of: Good motives AND justifiable ends; or Privileged character.

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12
Q

What is required in the imputation must be directed at a natural or juridical person, or one who is dead?

A

The IDENTITY of the offended party.

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13
Q

Is it enough if the identity is implied?

A

Yes

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14
Q

Defamatory remarks directed at a group of persons.

A

Can be punished if the victims can be identified, cannot be punished if the defamatory statements are in general terms.

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15
Q

When will there be AS MANY LIBELS as there are persons dishonored?

A

If the offended parties were DISTINCTLY IDENTIFIED, even though the libel was committed at one and the same time, there will be AS MANY LIBELS as there are persons dishonored.

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16
Q

When will there be only one count of libel?

A

If it is addressed to SEVERAL PERSONS, unless they are identified, there will only be ONE COUNT OF LIBEL.

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17
Q

What if the libel was made in different locations or by independent acts?

A

If the defamation was made in different locations or by independent acts, there are as many crimes of libel as there are persons directly addressed with such statements.

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18
Q

How do you know if a statement is malicious?

A

For a statement to be considered malicious, it must be shown that it was written or published with the knowledge that they are false or in reckless disregard of WON they were false.

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19
Q

Reckless disregard

A

Defendant entertains serious doubt as to the truth of the publication, OR that he possesses a high degree of awareness of their probable falsity.

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20
Q

CYBER LIBEL

A

Makes commission of existing crimes in RPC through the internet a qualifying circumstance.

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21
Q

What if the published material on print is said to be libelous, and is again posted online or vice versa?

A

That identical material cannot be the subject of two separate libels.

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22
Q

Is it required that the person defamed has heard the libelous remark?

A

No, what is material is that a third person has heard the libelous statement.

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23
Q

Prescriptive Periods

A

Simple libel → One year (Art. 90)
Qualified libel / If libel was committed through technology → 15 years from the time it was published (RA 10175)

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24
Q

GR for Article 354. Requirement for publicity.

A

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.

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25
Q

XPNs

A
  1. A private communication made by any person to another in the performance of any legal, moral or social duty; and
  2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official 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.
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26
Q

1st kind of privileged communication

A
  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 board, or superior, having some interest or duty in the matter.
  3. That the statements in the communication are made in good faith without malice in fact.
27
Q

The presumption of malice is REBUTTED, if it is shown by the accused that?

A
  1. The defamatory imputation is true (in case the law allows proof of the truth)
  2. It is published with good intention;
  3. There is justifiable motive for making it;
28
Q

When does privileged communication lose its privileged character?

A

Proof of actual malice

29
Q

Kinds of Privileged Communications
(Absolute)

A

NOT actionable even if made in bad faith.

Privileged speeches in Congress
Statements made by public officers in performance of their public duty.
Statements made in judicial proceedings as long as they are relevant to the issue
Military affairs

30
Q

Kinds of Privileged Communications
(Qualified)

A

Actionable if Malice or Bad faith is proven
Based on par 1 and 2 of Art 354, although the list is not exclusive

31
Q

To overcome the defense of privileged communication under par. 1 of Art. 354, it must be shown that:

A

The defendant acted with malice in fact; or
There is no reasonable ground for believing the charge to be true.

32
Q

Doctrine of fair comment

A

Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander.

33
Q

Can statements made in self defense or in mutual controversy be privileged?

A

Often times yest

34
Q

Criticisms towards candidates for elective office

A

Considered as privileged.

35
Q

Article 355. Libel by means of writings or similar means – How may libel be committed?

A

Writing;
Printing;
Lithography;
Engraving;
Radio;
Photograph;
Painting;
Theatrical exhibition;
Cinematographic exhibition;Def
Any similar means.

36
Q

Wb in a television program?

A

Yes

37
Q

Acts punished under Art. 356. Threatening to publish and offer to present such publication for a compensation.

A
  1. Threatening another to publish a libel concerning – him, his parents, spouse, child or other members of his family
  2. Offering to prevent the publication of such libel for compensation or money consideration.
38
Q

Essence of the crime

A

Blackmail

39
Q

When is it consummated

A

Consummated as the mere threat to publish or offer to prevent publication of such – constitutes the crime itself.

40
Q

Art. 357. Prohibited publication of acts referred to in the course of official proceedings.

A

Any reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor even though its connected with a judicial porceeding.

41
Q

Exceptions when journalist can be compelled to reveal:

A

National interest

42
Q

GAG LAW REQUISITES

A

Article published contains facts connected with the private life of an individual and
Such facts are offensive to the honor, virtue and reputation of said person

43
Q

Are honest criticisms in the conduct of public officials and public figures libel?

A

No

44
Q

2 Kinds of Slander:

A

Simple slander; and
Grave slander when it is of a serious and insulting nature

45
Q

Factors Affecting Gravity of Slander:

A

Expressions used
Personal relations
Circumstances surrounding the case; and
Social Standing of the offending party

46
Q

Does the slander need to be heard by the offended party?

A

No

47
Q

What is the intent?

A

The intent here is to humiliate the offended party.

48
Q

What is slander by deed?

A

Committed by performing any act which casts dishonor, discredit, or contempt upon another person.

49
Q

What is the intent of the offender?

A

To insult, dishonor or humiliate

50
Q

TO DETERMINE OF SERIOUS OR NOT:

A

Social standing of the offended party
Circumstances under which the act was committed
The occasion, etc.

51
Q

T or F: The act can be committed in private.

A

Act must be committed in the presence of another person

52
Q

What must the offended party suffer from?

A

Shame or humiliation

53
Q

The act of the accused in holding the school teacher by her hair and shaking her head

A

Direct assault

54
Q

Art. 360. Persons responsible.

A

Publishers, authors, editors, printing plant

55
Q

What if the publishers/printing plants did not participate in the making of the libelous articles?

A

Lack of participation in the preparation of libelous articles does not shield the persons responsible from liability.

56
Q

WHERE TO FILE A CRIMINAL ACTION

A

Public officer: RTC where the libelous article is printed/published or where he held office

Private: RTC where the libelous article is printed/published or domicile

57
Q

MULTIPLE PUBLICATION RULE:

A

Every time the same written matter is communicated, such communication is considered a distinct and separate publication of libel

58
Q

When is proof of the truth admissible?

A

When the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer.

When the offended party is a Government employee, even if the imputation does not constitute a crime, provided it is related to the discharge of his official duties.

59
Q

When is truth a legitimate defense?

A

Under the condition that the accused has been prompted in making the statement by good motives and for justifiable ends.

60
Q

When will liability attach if the libel is against a public official?

A

Liability will attach only if the public official concerned proves that the statement was made with actual malice, that is, with knowledge that it was false.

61
Q

When is malice presumed?

A

When the offended party is a private individual.

62
Q

Art. 362. Libelous remarks – When is libel in relation to publication of privileged matters punished?

A

Libelous comments or remarks about such privilege matters not the actual publication.

63
Q

What is incriminating an innocent person?

A

Act of planting evidence and the like in order to incriminate an innocent person

64
Q

What is Intriguing against honor?

A

Intriguing against honor is referred to as gossiping: the offender, without ascertaining the truth of a defamatory utterance, repeats the same and pass it on to another, to the damage of the offended party

CRIM2 FINALS (7 decks)

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