2. light insult or defamation – not serious in nature (simple slander) Factors that determine gravity of the offense:
a) expressions used
b) personal relations of the accused and the offended party c) circumstances surrounding the case
Notes:
Words uttered in the heat of anger constitute light oral defamation ( P v Doronilla)
If the utterances were made publicly and were heard by many people and the accused at the same time levelled his finger at the complainant, oral defamation is committed (P v Salleque)
ELEMENTS OF SLANDER BY DEED: (359)
1. That the offender performs any act not included in any other crime against honor. 2. That such act is performed in the presence of other person or persons.
3. That such act casts dishonor, discredit or contempt upon the offended party. Notes:
a. Seriousness depends on the social standing of offended party, the circumstances surrounding the act, the occasion, etc.
b. The acts of slapping and boxing the woman, a teacher, in the presence of many people has put her to dishonor, contempt and ridicule. ( P v Costa)
c. P v Motita
Accused held a mirror between the legs of complainant to reflect her private parts. The crowd laughed. Guilty of slander by deed.
Distinctions:
a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without justification.
b. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or contempt.
c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in Art335 of RPC on rape
i. use of force or intimidation
ii.deprivation of reason or rendering the offended unconscious offended party under 12 yrs of age+lewd designs
PERSONS RESPONSIBLE FOR LIBEL (360) 1) Who are liable
a. person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means(par.1)
b. author or editor of a book or pamphlet
c. editor or business manager of a daily newspaper magazine or serial publication(par.2)
d. owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication (US v Ortiz )
2) Venue of criminal and civil action for damages in cases of written defamation: a. where the libelous article is printed and 1st published OR
b. where any of the offended parties actually resides at the time of the commission of the offense
3) Where one of the offended parties is a public officer: a. if his office is in the City of Manila
- RTC of Manila OR
- city/province where the article is printed and 1st published b. Otherwise
- RTC of the city/province where he held office at the time of offense OR - where the article is 1st published
4) Where one of the offended parties is a private individual:
- RTC of province/city where he actually resides at the time of the crime - where article was printed or 1st published
Note: Offended party must file complaint for defamation imputing a crime which cannot be prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and acts of lasciviousness)
Soriano v IAC
The Philippines follows the multiple publication rule which means that every time the same written matter is communicated, such communication is considered a distinct and separate publication of libel.
PROOF OF THE TRUTH (361) Admissible when:
a. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer
b. the offended party is a government employee, even if the act or omission imputed does not constitute a crime provided it is related to the discharge of his official duties
Requisites for Acquittal:
a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above)
b. it was published with good motives and for a justifiable end (for situation 1 only)
Notes: The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion. It must rest upon positive direct evidence, upon which a definite finding may be made by the court ( US v Sotto)
LIBELOUS REMARKS (362)
Libelous remarks or comments on privileged matters (under Art. 354) if made with malice in fact will not exempt the author and editor.
*This article is a limitation to the defense of privileged communication.
ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363) 1. That the offender performs an act.
2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime.
3. That such act does not constitute perjury. Two Kinds:
a. making a statement which is i. defamatory or
ii. perjurious (if made under oath and is false) b. planting evidence
Note: article is limited to planting evidence and the like INTRIGUING AGAINST HONOR (364)
How committed:
-by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person
Notes:
a. Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot.
b. Committed by saying to others an unattributable thing, if said to the person himself it is slander.
RA4200 The Anti-WireTapping Act Acts punished:
1) any person, not authorized by all the parties to any private communication or spoken word
a) taps any wire of cable OR
b) uses any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or walkie talkie or tape recorder
2) any person, whether or not a participant in the above-mentioned acts:
a) knowingly possesses any tape record, wire record, disc record, or any other such record or copies thereof of any communication or spoken word
b) replays the same for any other person
c)communicates the contents thereof, whether complete or partial, to any other person
Notes:
a. Peace officer is exempt if acts done under lawful order of the court. You can only use the recording for the case for which it was validly requested.
b. Information obtained in violation of the Act is inadmissible in evidence in any hearing or investigation.
c. Gaanan v IAC
An extension phone is not one of those prohibited under RA 4200. There must be either a physical interruption through the wiretap or the deliberate installation of a device or arrangement in order to overhear, intercept or record the spoken words. The extension phone was not installed for such purpose.
ELEMENTS OF RECKLESS IMPRUDENCE: (365) 1. That the offender does or fails to do an act.