Philippine Libel Law, Explained

Posted on April 26th, 2008. Written by Rico.

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Update: According to a 2009 ruling by the DOJ, there is no such thing as libel online, under the Revised Penal Code of the Philippines.

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.

This entry was posted on Saturday, April 26th, 2008 at 9:00 am and is filed under Editorial. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site. You can leave a response, or trackback from your own site.

Rico

Rico Mossesgeld is the founding editor of Technograph. Learn more about him at rico.mossesgeld.com/about.


  • Ghina

    hi i’ve been humileated by my aunt for several times everytime am out of the province, making negative and malicious stories about me. Am now in Germany but still i can heared lot of malicious stories as what my dad and friends told me. Can i file a case againts her if i can find enough witnesses of her baddoings? pls help me

  • moniq

    i just wanna know , what case i can file , coz someone is accusing me that im using drugs and saying that im selling my flesh .. when all of my friends and family knows i don’t .. but she’s keep on posting it on facebook .. she’s humiliating me .. i have 2kids (all girl) , a happy family .. pls help me .. tnx

  • Josephborromeo80

    i send a guy messages that his wife is cheating on him with his friend…. this could be backed up by several person concerned in the situation…. he didnt believed in me and it agitated himn instead. i specifically told him to investigate it himself and gather evidences to support my claim and for him to know the whole truth….

    *can i be accussed of libel concerning about this matter

  • Abbyjanecute

    i want to know if there’s a law in facebook?for tagging and posting pictures without permission from the owner and what is the sentence?and what case can be file for that?



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