7/21/2019 Libel speech (decriminalization)
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Under the Article 353 of the Revised Penal Code, Libelis 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 toblacken the memory of one who is dead.
And to explain how this act is committed, let me cite Article355
of the Revised Penal Code, Libel is committed bymeans of writing,
printing, lithography, engraving, radio,phonograph, painting,
theatrical exhibition, cinematographic
exhibition, or any similar means.
It provided the elements of defemation:a) the statement must be
defamatory;b) it must be malicious;c) it must be given publicity;
andd) the victim must be identiable.
!"alicious# means the defendant knows that what he or she
is publishing is false, or has reckless regard of whether it
isin fact true or false, because of the intent to injure a
person$sor an entity$s reputation.
Any person who shall publish, exhibit, or cause thepublication
or exhibition of any defamation in writing thrunewspapers or
technological means, shall be responsible forthe same.Also under
the Article 26 of the Civil Code which have thesame nature of
o%ense states that& 'very person shall
respect the dignity, personality, privacy and peace of mindof
his neighbors and other persons. (he following and similaracts,
though they may not constitute a criminal o%ense, shallproduce a
cause of action for damages, prevention and otherrelief&
*) +rying into the privacy of another$s residence&
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) "eddling with or disturbing the private life or
familyrelations of another;
-) ntriguing to cause another to be alienated from hisfriends;/)
0exing or humiliating another on account of hisreligious beliefs,
lowly station in life, place of birth,physical defect, or other
personal condition.
1A reputation once broken may possibly be repaired, but theworld
will always keep their eyes on the spot where thecrack was.1Joseph
Hall
Loss of reputation eventually means loss of income,endangered
safety, loss of ethical standards, which mayultimately lead to
suicide, or loss of life. 2o amount ofmoney can compensate to
damaged reputation.
(he enjoyment of a private reputation is as much aconstitutional
right as the possession of life, liberty orproperty. t is one of
those rights necessary to human society
that underlie the whole scheme of civili3ation. (he
lawrecogni3es the value of such reputation and imposes uponhim who
attacks it, by slanderous words or libelouspublication, the
liability to make full compensation for thedamages done. 4orcester
vs. 5campo, +hil. /).
n light of this matter, the 6onstitutional provision
under7ection /, Article - of the *89: 6onstitution which statesthat
!2o law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of
thepeople peaceably to assemble and petition the governmentfor
redress of grievances# is not absolutely lodge in thecapacity of an
individual to exercise such rights and thesame is true that all
these rights are subject to restrictionsand limitations as may be
provided by law or by thegovernment.
