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Practice Exams

Module 2.12: Crimes Against Honor

1. Learning Objectives

  • Understand the legal definitions and elements of Libel, Slander, and Slander by Deed under the Revised Penal Code.
  • Differentiate between the various forms of defamation and identify the key distinctions in their elements and penalties.
  • Analyze the concept of Cyberlibel as defined under the Cybercrime Prevention Act (RA 10175) and its relation to traditional libel.
  • Identify and apply the valid defenses in crimes against honor, including truth, privileged communication, and fair comment.
  • Distinguish between Incriminating an Innocent Person and Intriguing Against Honor as forms of incriminatory machinations.

2. LIBEL (Art. 353-362)

A. DEFINITION OF LIBEL (Art. 353)

Libel is 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.

  • Public and Malicious Imputation: The defamatory statement must be made publicly with malice.
  • Crime, Vice, Defect: The imputation can be about a crime, a moral failing (vice), or a physical or psychological defect, whether it's real or not.
  • Tends to Cause Dishonor, Discredit, Contempt: The statement must have the potential to damage the reputation of the person it is about.

B. ELEMENTS OF LIBEL

  1. Imputation of a Discreditable Act: The statement must impute a crime, vice, defect, or any act or circumstance that is damaging to the reputation.
  2. Publication: The defamatory statement must be communicated to a third person.
  3. Identity of the Person Defamed: The person defamed must be identifiable by the statement.
  4. Existence of Malice: There must be malice, which is the intent to injure the reputation of the person defamed. Malice is presumed in every defamatory imputation (malice in law), unless privileged communication is proven (malice in fact).

C. LIBEL BY MEANS OF WRITING (Art. 355)

Libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means. This is the most common form of libel, often found in newspapers, magazines, and online articles.

D. THREATENING TO PUBLISH LIBEL (Art. 356)

This crime is committed by a person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter, or who shall offer to prevent the publication of such libel for compensation or money consideration.

E. PROHIBITED PUBLICATION (Art. 357)

This article punishes any person who shall publish or cause to be published, with malice, any news, report, or comment on any private transactions of another, if such publication would offend the dignity, honor, or reputation of the latter.

F. VENUE OF LIBEL CASES

The criminal action for libel may be filed in the Regional Trial Court of the province or city where:

  1. The libelous article was printed and first published.
  2. The offended party actually resided at the time of the commission of the offense.
  3. If the offended party is a public officer, where he held office at the time of the offense.

3. SLANDER (Art. 358)

A. ORAL DEFAMATION

Slander is oral defamation. It is the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business, or means of livelihood.

  • Simple Slander: Defamation that is not of a serious and insulting nature.
  • Grave Slander: Defamation that is of a serious and insulting nature, taking into consideration the sense and grammatical meaning of the utterances, the time, place, and manner of the utterance, and the relationship between the accused and the offended party.

B. SLANDER BY DEED (Art. 359)

Definition: Any person who shall perform any act not included in any other crime against honor, which shall cast dishonor, discredit, or contempt upon another person.

Elements:

  1. That the offender performs an act.
  2. That the act is performed in the presence of other person or persons.
  3. That such act is not included in any other crime against honor.
  4. That such act casts dishonor, discredit, or contempt upon the offended party. Example: Slapping someone in public with the intent to humiliate.

4. INCRIMINATORY MACHINATIONS (Art. 363-364)

A. INCRIMINATING INNOCENT PERSON (Art. 363)

Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime. This is commonly known as "planting evidence."

B. INTRIGUING AGAINST HONOR (Art. 364)

Any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of a person. This refers to any scheme or plot designed to dishonor another.

5. CYBERLIBEL (RA 10175 - Cybercrime Prevention Act)

  • Libel Committed Through a Computer System: Cyberlibel is the commission of libel through a computer system or any other similar means which may be devised in the future.
  • Penalty One Degree Higher: The penalty for cyberlibel is one degree higher than that for ordinary libel.
  • Disini vs. Secretary of Justice: The Supreme Court upheld the constitutionality of the cyberlibel provisions of RA 10175, but clarified that it only applies to the original author of the defamatory post and not to those who simply "like," "share," or "comment" on it.

6. DEFENSES IN LIBEL

  1. Truth: The truth of the imputation is a defense if it is proven that the matter charged as libelous is true, and that it was published with good motives and for justifiable ends.
  2. Privileged Communication:
    • Absolute Privileged Communication: A communication that is not actionable, even if its author is actuated by malice. Examples: statements made by members of Congress in their official capacity, statements made in judicial proceedings.
    • Qualified Privileged Communication: A communication that is not actionable unless made with malice. Examples: 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.
  3. Fair Comment on Matters of Public Interest: Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander.

7. Comparison Table: Libel vs Slander vs Slander by Deed

Feature Libel Slander (Oral Defamation) Slander by Deed
Means Writing, printing, radio, etc. Spoken words Performing an act
Nature Visual (seen) Auditory (heard) Physical action
Permanence More permanent Transitory Transitory
Malice Malice in law is presumed Malice must be proven Malice must be proven
Penalty Generally higher Generally lower Varies, can be serious
Example A defamatory newspaper article Shouting insults in a crowded market Spitting on someone's face in public

8. Important Jurisprudence

  • Daez v. Court of Appeals (G.R. No. 47971, Oct. 31, 1990): For an imputation to be libelous, it must be defamatory, malicious, given publicity, and the victim must be identifiable.
  • Tulfo v. People (G.R. No. 187113, Jan. 11, 2016): The venue for libel is jurisdictional. The complaint must be filed in the place where the libelous article was printed and first published, or where the offended party resided.
  • Disini v. Secretary of Justice (G.R. No. 203335, Feb. 11, 2014): Clarified the scope of cyberlibel, stating that it does not cover those who simply receive or react to the defamatory post.

9. Practice Questions

  1. What is a public and malicious imputation of a crime, vice, or defect, tending to cause dishonor? a) Slander b) Libel c) Intriguing against honor d) Incriminatory machination

  2. Which of the following is NOT an element of libel? a) Publication b) Malice c) Financial damage d) Identity of the person defamed

  3. The defamation is made by speaking of base and defamatory words. a) Slander by deed b) Libel c) Slander d) Cyberlibel

  4. Slapping a person in public to humiliate them is an example of: a) Grave slander b) Simple slander c) Libel d) Slander by deed

  5. Which of the following is an absolute privileged communication? a) A fair report of a judicial proceeding b) A speech of a Senator on the floor of the Senate c) A private communication between a lawyer and a client d) A comment on a matter of public interest

  6. Planting a sachet of shabu in the bag of an enemy to have him arrested is: a) Perjury b) Libel c) Incriminating an innocent person d) Intriguing against honor

  7. Under RA 10175, the penalty for cyberlibel is: a) The same as ordinary libel b) One degree lower than ordinary libel c) One degree higher than ordinary libel d) Two degrees higher than ordinary libel

  8. Where can a criminal case for libel be filed? a) Only where the offended party resides b) Only where the libelous article was printed c) Both a and b d) In any court in the Philippines

  9. Which of the following is NOT a defense in libel? a) Truth b) Privileged communication c) Good faith d) The offended party is a public figure

  10. A scheme or plot designed to blemish the honor of a person is called: a) Slander b) Libel c) Intriguing against honor d) Defamation

  11. Malice in law means: a) The accused had a personal grudge against the victim. b) Malice is presumed in every defamatory imputation. c) The defamatory statement was made with knowledge of its falsity. d) The malice must be proven by the prosecution.

  12. In libel, "publication" means: a) The statement must be printed in a newspaper. b) The statement must be communicated to at least two other persons. c) The statement must be communicated to a third person. d) The statement must be made in a public place.

  13. What is the key difference between Libel and Slander? a) The presence of malice b) The means of commission c) The damage to reputation d) The number of people who heard it

  14. For truth to be a valid defense in libel, it must be shown that: a) The statement was published for a justifiable end. b) The statement was published with good motives. c) Both a and b. d) The statement is true, regardless of motive.

  15. Who can be an offended party in libel? a) Only a natural person b) Only a juridical person c) Both a natural and a juridical person d) Only a living person

  16. Threatening to publish a libel for money is a crime under: a) Art. 353 b) Art. 355 c) Art. 356 d) Art. 358

  17. Which of the following is considered "grave slander"? a) A defamatory remark made in the heat of anger. b) An imputation of a crime made in a serious and insulting manner. c) A joke that was taken out of context. d) Any spoken defamatory word.

  18. A fair and true report of a judicial proceeding is an example of: a) Absolute privileged communication b) Qualified privileged communication c) The defense of truth d) Fair comment

  19. The case of Disini vs. Secretary of Justice is important for clarifying the scope of: a) Ordinary Libel b) Slander by Deed c) Cyberlibel d) Incriminatory Machinations

  20. What is the primary purpose of the crime of "Intriguing Against Honor"? a) To punish the planting of evidence. b) To punish oral defamation. c) To punish any scheme or plot to blemish a person's reputation. d) To punish written defamation.

Answer Key

  1. b) Libel - This is the definition of libel under Art. 353 of the Revised Penal Code.
  2. c) Financial damage - While financial damage may result from libel, it is not a required element of the crime itself.
  3. c) Slander - Slander, or oral defamation, is committed by speaking defamatory words.
  4. d) Slander by deed - This involves performing an act to cast dishonor, such as slapping someone publicly.
  5. b) A speech of a Senator on the floor of the Senate - Speeches made by legislators in the performance of their official duties are absolutely privileged.
  6. c) Incriminating an innocent person - This is the act of planting evidence to impute the commission of a crime to an innocent person.
  7. c) One degree higher than ordinary libel - RA 10175 imposes a higher penalty for libel committed through electronic means.
  8. c) Both a and b - The venue can be where the article was printed and first published, or where the offended party resided at the time.
  9. d) The offended party is a public figure - While public figures are subject to a wider range of criticism, this is not a defense in itself. Fair comment is the proper defense.
  10. c) Intriguing against honor - This crime involves a plot to blemish another's reputation.
  11. b) Malice is presumed in every defamatory imputation. - This is the concept of malice in law, which can be overcome by proving privileged communication.
  12. c) The statement must be communicated to a third person. - Publication simply means that someone other than the person defamed has seen or heard the statement.
  13. b) The means of commission - Libel is through writing or similar means, while slander is oral.
  14. c) Both a and b. - For the defense of truth to apply, the publication must be with good motives and for justifiable ends.
  15. c) Both a natural and a juridical person - A corporation's reputation can also be damaged by libel.
  16. c) Art. 356 - This article specifically punishes the threat to publish a libel for a price.
  17. b) An imputation of a crime made in a serious and insulting manner. - Grave slander is determined by the seriousness and insulting nature of the words.
  18. b) Qualified privileged communication - Such reports are privileged, but the privilege is lost if malice is proven.
  19. c) Cyberlibel - This landmark case clarified who can be held liable for cyberlibel under RA 10175.
  20. c) To punish any scheme or plot to blemish a person's reputation. - This is the essence of intriguing against honor under Art. 364.