Defenses against LibelThe truthLack of elementPrivate communication (Qualified Privileged Communication and Absolutely Privileged Communication) Prescription1. The proof of truth is admissible in a charge for Libel: 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.2. Lack of element Defamation; Identification; Malice; and Publication.If one of them is not present, there is no libel.

3. Absolute privileged communication A communication is an absolute privileged communication when it is not actionable even if its author has acted in bad faith. Under this doctrine, whatever damaging words published or broadcast cannot be used to convict the accused criminally or to adjudge against a defendant damage awards in a civil case. Privileged speech of a senator or a member of the house of representatives.(2nd sentence of sec. 11 Art VI No member shall be questioned nor be held liable in any other place for any speech or debate in the congress or in any committee thereof.) A complaint or a petition or some other kinds of a pleading or a motion filed in courts or quasi-judicial bodies or statements made in the course of judicial proceeding.(It is absolutely privileged regardless of defamatory tenor and of the presence of malice if the same are relevant, pertinent or material to the cause in hand or subject inquiry. In view of this, a judge, lawyer or witness does not incur the risk of being found liable in a criminal prosecution or an action for the recovery of damages.) Qualified privileged communication A private communication made by any person to another in the performance of any legal, moral or social duty. 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 in 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 function. 4. Prescription Under Article 1147 of the Civil Code of the Philippines specifically declares that libel suits, criminal or civil, can be filed only within one year. Beyond that period, it can no longer be acted upon. This is also supported by Article 90 of the Revised Penal Code that states the same time frame within which a criminal complaint for libel may be filed.