Pauline Marie I.

Ubaldo
Constitutional Law 2
Libel
Libel as defined in the Revised Penal
Code
Art. 353 Definition of libel. A libel is a
public and malicious imputation of a
crime, or of a vice or defect, real or
imaginary, or any act, omission,
condition, status or circumstance
tending to cause the dishonor, discredit,
or contempt of a natural or juridical
person, or to blacken the memory of one
who is dead.
Libel
I. Limitation on the freedom of speech and of
the press.
II. The right to reputation is specifically
protected.
III. Elements of libel

Limitation of Freedom of Speech
and of the Press
There are certain well-defined and narrowly
limited classes of speech, the prevention and
punishment of which has never been thought to
raise any Constitutional problem. These include
the lewd and obscene, the profane, the libelous,
and the insulting or fighting words those which
by their very utterance inflict injury or tend to
incite an immediate breach of the peace. It has
been well observed that such utterances are no
essential part of any exposition of ideas, and are
of such slight social value as a step to truth that
any benefit that may be derived from them is
clearly outweighed by the social interest in order
and morality. Libel is not protected speech.
(Philippine Journalists, Inc. vs. Nuguid)
Limitation on the exercise of
freedom of the press
The exercise of this right or any right enshrined in
the Bill of Rights comes with an equal burden of
responsible exercise of that right.
Journalists Code of Ethics shows that the press
recognizes that is has standards to follow in the
exercise of press freedom; that this freedom
carries duties and responsibilities.
Right to private reputation
The enjoyment of private reputation is as much a
constitutional right as the possession of life,
liberty or property.
The rights of the individual impose upon him the
correlative duty to exercise them responsibly and
with due regard for the rights of others. Even
without such provision, however, it is the recognized
duty of every person to respect the rights of others.
The right to reputation is specifically protected by
the law on libel, which is a limitation on the freedom
of speech and of the press. (Madrona vs. Rosal)
Elements
1) The imputations must be defamatory,
2) It must have been given publicly,
3) It must be malicious,
4) The victim of the libel must be
identifiable, and
5) The imputation must tend to cause the
dishonor, discredit or contempt of the
person defamed.
Test of libelous meaning
that construction must be adopted which will give
to the matter such a meaning as is natural and
obvious in the plain and ordinary sense in which
the public would naturally understand what was
uttered. The published matter alleged to be
libelous must be construed as a whole... The
whole question being the effect the publication
had upon the minds of the readers, and they not
having been assisted by the offered explanation
in reading the article, it comes too late to have the
effect of removing the sting, if any there be, from
the word used in the publication. (Jimenez vs.
Reyes)
Requirement of Publicity
Art. 354 Requirement for Publicity. 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, except for the following cases:
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.

Ways of Committing Libel
Art. 355. Libel by Means of Writing or Similar
Means. A libel committed by means of writing,
printing, lithography, engraving, radio,
phonograph, painting, theatrical exhibition,
cinematographic exhibition, or any similar means,
shall be punished by prisin correccional in its
minimum and medium periods or a fine ranging
from 200 to 6,000 pesos, or both, in addition to
the civil action which may be brought by the
offended party.

References
Act No. 3815 The Revised Penal Code
Revised Penal Code, Book II by Justice Reyes
Revised Penal Code, Book II by Atty. Amurao