Philippine Libel Law, Explained
By Rico, 9:09 am Sat Apr 26 2008 - Editorial - 10 Opinions
Abogadamo.com features an in-depth article on Libel Laws in the Philippines. The entire Brian Gorrell issue made libel locally relevant in the technological sense, because it made people realize that libel can apply even to so-called “new media” platforms like blogging.
Citing various court decisions, abogadamo.com lists the elements of libel in the Philippines:
- Imputation of a discreditable act or condition to another
- Publication of the imputation
- Identity of the person defamed
- Existence of malice
The website also lists down a possible defense against libel:
In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted.
But, there is also an exception:
…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.
Is it possible then to formulate a standard phrase to establish “good motives and… justifiable ends”? Could such a tool protect bloggers and writers from baseless libel suits? Or worse, could it allow bloggers to defame targets maliciously with impunity?
But most importantly, have the Philippine courts been consistent in interpreting and applying libel laws in the Philippines?
Disclaimer: This article represents Technogra.ph’s opinion on Libel Laws in the Philippines, and should in no way be considered legal advice. If you have any legal questions concerning publishing, or any other issue for that matter, you should seek the advice of a licensed Philippine lawyer.
Elements of Libel- Jennyln Chua « The Knight Writers’ Weblog
3:03 pm Wed Aug 27 2008
[...] Filed under: Uncategorized — Tags: Libel — theknightwriters @ 7:49 am Defamatory imputation-where damage is always [...]
Malice in Libel- Jennyln Chua « The Knight Writers’ Weblog
3:03 pm Wed Aug 27 2008
[...] Filed under: Uncategorized — Tags: Libel — theknightwriters @ 7:53 am Malice- it is always present in libel case, because without this, the case wouldn’t be [...]
geraldine goopio
1:01 pm Wed Sep 24 2008
Hi Rico,
I am doing a comparative report of the Australian defamation Law and the Philippine defamation law.
My report will also be focusing on ‘on-line’ blogs in general and the potential for defamation actions that may arise as a result.
Your article above is very helpful
I was having a hard time finding some defamation articles in the phils on the internet. And the abogadomo link you used is almost spot on.
Many thanks!
Rico
2:02 pm Wed Sep 24 2008
Hi Geraldine,
Glad to be of help. I’m assuming you’ve personally contacted a lawyer from here and Australia? I’m sure they can provide a whole lot more information.
geraldine goopio
1:01 pm Wed Oct 1 2008
Hi Rico,
I haven’t contacted a lawyer from the Philippines, i did try to contact the arellano law school, but all the emails they provided doesn’t work.
I already consulted my teacher about this problem and she said that I can only work with what I have.
am still trying to find more informations for my report, but your link and the abogadomo link were a good start for sure
thanks
What Constitutes Libel Online?
9:09 am Sun Nov 30 2008
[...] Philippine Libel Law, Explained Libel on the Internet Under Philippine Law, Part 1 Libel on the Internet Under Philippine Law, Part 2 [...]
claresse
12:12 am Tue Dec 2 2008
hi,
my friend is being accused by his clients wife of stealing from them but the client himself has no comment about the accusation and the money given by his client was in fact a christmas bonus and the husband himself suggested for my friend to open up an atm account for his client to transfer money easily.. the problem is, both him and his girlfriends picture were published in the newspaper stating that they no longer work for the couple. is it possible to publish in the newspaper without even a case filed against them and what does his girlfriend have to do with the accusation when she only goes with him with the clients invitation and not even have any transaction or anything to do with the both clients? can they sue the newspaper and the accusing couple with defamation or libel? and with what other basis?
Rico
2:02 pm Tue Dec 2 2008
I think if you really want to take legal action, you should consult a lawyer. He or she will be able to better understand your situation, and whether or not it’s worth filing a case.
nathan
12:12 pm Mon Feb 16 2009
Well your article is very helpful for me and to the reat of researchers.
It enlightened my mind.
CHERRY LOU CAMIA
8:08 pm Wed Aug 5 2009
i want to file a case against somebody for accusing me of lying..i just want to take things legally, my profession is affected by the accusation, thats why I wanted to prove that i am really innocent..what do you think about this? i’ve got no idea about filing because its my first time..please email me