13 Crimes Against Honor.docx

Crime LIBEL

Elements  Malicious Imputation  Publication  Tends to dishonor, discredit or hold in contempt  a natural, juridical or a dead person if it tends to blacken the memory of them. Libel is a public and malicious imputation of a crime, or a vice, or a 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.

Penalty

REMARKS The act of publication should be made by the offender. The presumption is every imputation is malicious  that’s what you call = Malice in Law  the defense is = Malice in fact in the form of privileged communication o truth is a defense in libel if the defense can manage to prove it is either 1 and 2.  Privileged Communication  Fair and true report and For libel to apply, the victim should be identifiable. Absolutely Privileged Communications (are those that are not actionable even with bad faith)

Qualified Privileged Communications (are those which contain defamatory imputation but which are not actionable unless found to have been made without good intention or justifiable motive.)

Statements made by congress as part of their functions Official communications made by public officers in the performance of their duties Allegations or statement made by the parties or their counsel in their pleadings or motions or during the hearing of judicial proceedings, provided that said allegations or statements are relevant to the issues, provided that said allegations or statements are relevant to the issues, and the answers are responsive or pertinent to the questions propounded to said witnesses .

Private Communications Fair and True Report without any comment or remark

Fair commentaries on matters of public interest (in view of the constitutional right on the freedoms of speech and of the press)

Where the remarks are directed against a public figure.

*fair communication a reasonable deducible, no extraneous comments

Libel (mediated)

Every print is a count Basta in writing, Libel dretso

Slander (Oral Defamation) Art 359. Slander b y Deed

Grave or Oral Defamation 





Art 363 Incriminating Innocent Person



Art 364 Intriguing Against Honor



TITLE 14 Art 365 Imprudence

Intention: Annoy – Unjust Vexation Dishonor – Slander by Deed Hurt – Slight Physical Injuries

The offender performs any act included in the other crimes against honor That such act is performed in the presence of other person or persons That such act casts dishonor, discredit or contemot upon the offended party Arrestro Mayor

RA 9165 Sec 26 if the offender is a police officer who plants evidence It should not constitute PERJURY  It should not be declared in a sworn statement in written or oral form.

QUASI OFFENSES 

Before, this is just a MODE. But in 2014, there was jurisprudence that this is now a crime. Must know doctrines  Last Clear Chance  Emergency Rule – an automobile driver who by negligence of another and not his own, suddenly placed in an emergency and compelled to act instantly to avoid collision or injury is not guilty of negligence if he makes such a choice which a person of ordinary prudence placed in such a choice which a person of ordinary prudence placed in such a choice which a person of ordinary prudence placed in such a position might make even tho he did not make the wisest choice. Art 4 Par 1  Art 12 par 4 (accident)  Art 365 lawful act but with negligence (imprudence and negligence)