|
LETTER received: I am a Muslim
residing in Cebu City and engaged in business there. Three months
ago the Cebu Expose (not that paper’s real name) came out with
derogatory remarks against my person and business enterprise.
Upon the
advice of friends, I filed criminal and civil cases in Marawi City,
believing that I can only get justice in a Muslim-dominated area.
Unfortunately, the cases I filed were dismissed, making me doubt the
existence of justice in the Philippines. Having read your
authoritative columns in The Manila Times, I have decided to solicit
your opinion on the legal problem I have encountered, feeling that I
am a victim of injustice. Initially, can you tell me exactly what
“libel” legally means?
Abu Fayed
Reply to Abu:
The term
“libel” is defined in the Revised Penal Code as “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.”
(Article 353).
For a person
can be held liable for libel, the following elements must be proved:
1. Allegation
of discreditable act or condition concerning another; 2. Publication
of the charge; 3. Identity of the person defamed; and 4. Existence
of malice.
Under Article
3154 of the Revised Penal Code, 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 in the
following cases: 1. A private communication made by a person to
another in the performance of any legal, moral or security duty; and
2. A fair and true report, made in good faith without any comments
or remarks.
The same code
as amended by Republic Act 1239 and 4563 provides: “Any person who
shall publish, exhibit, or cause the publication or exhibition of
any defamation in writing or by similar means, shall be responsible
for the same.
The author or
editor of a book or pamphlet. or business manager of a daily
newspaper, magazine or serial publication shall be responsible for
the defamations contained therein to the same extent as if he were
the author thereof.
It is further
provided that the criminal and civil cases of written defamation
should be filed simultaneously or separately with the Court of First
Instance (now Regional Trial Court) of the province or city where
the libelous article is printed and first published or where any of
the offended parties actually resides at the time of the commission
of the offense. However, where one of the offended parties is a
public officer, whose office is in the City of Manila at the time of
the commission of the offense, the action should be filed in the
Regional Trial Court of the City of Manila or of the city or
province where the libelous article is printed and first published,
and in case such public officer does not hold office in the City of
Manila, the action should be filed in the Regional Trial Court of
the province or city where he held office at the time of the
commission of the offense or where the libelous article is printed
and first published.
In case one of
the offended parties is a private individual, the action should be
filed in the Regional Trial Court of the province or city where he
actually resides at the time of the commission of the offense or
where the libelous matter is printed and first published: provided
that the civil action should be filed in the same court where the
criminal action is filed and vice versa.
ABOVE ALL
THINGS: let us reflect on the following statement OF OUR Lord and
Master Jesus Christ: “Go into the whole world and proclaim the
gospel to every creature.Whoever believes and is baptized will be
saved; whoever does not believe will be condemned.” (Mark,
16:15-16)
|
