Crimes against honor, Revised Penal Code

Crimes against honor are intended to protect the honor and reputation of an individual.

General Provisions

1) Persons responsible

Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same. (Article 360, Act No. 3815, Revised Penal Code)

The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author thereof. (Parargaph 2, Article 360, Ibid.)

2) Venue for criminal and civil actions

The criminal and civil action for damages in cases of written defamations, shall be filed simultaneously or separately with the court of first instance of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense: Provided, however, That where one of the offended parties is a public officer whose office is in the City of Manila at the time of the commission of the offense, the action shall be filed in the Court of First Instance of the City of Manila, or of the city or province where the libelous article is printed and first published, and in case such public officer does not hold office in the City of Manila, the action shall be filed in the Court of First Instance of the province or city where he held office at the time of the commission of the offense or where the libelous article is printed and first published and in case one of the offended parties is a private individual, the action shall be filed in the Court of First Instance of the province or city where he actually resides at the time of the commission of the offense or where the libelous matter is printed and first published: Provided, further, That the civil action shall be filed in the same court where the criminal action is filed and vice versa: Provided, furthermore, That the court where the criminal action or civil action for damages is first filed, shall acquire jurisdiction to the exclusion of other courts: And, provided, finally, That this amendment shall not apply to cases of written defamations, the civil and/or criminal actions which have been filed in court at the time of the effectivity of this law. (Parargaph 3, Article 360, Ibid.)

3) Preliminary investigation

Preliminary investigation of criminal action for written defamations as provided for in the chapter shall be conducted by the provincial or city fiscal of the province or city, or by the municipal court of the city or capital of the province where such action may be instituted in accordance with the provisions of this article. (Parargaph 4, Article 360, Ibid.)

4) Private complainant

No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de oficio shall be brought except at the instance of and upon complaint expressly filed by the offended party. (Last, Parargaph , Article 360, Ibid.)

5) Proof of the truth

In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted. (Article 361, Ibid.)

Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties. (Parargaph 2, Article 361, Ibid.)

In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted. (Last Parargaph, Article 361, Ibid.)

6) Libelous remarks

Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. (Article 362, Ibid.)

2. Crimes against honor

a. Libel

A libel is 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. (REVISED PENAL CODE, Article 353)

For more information, see: Libel

b. Threatening to Publish Libel (Blackmail)

Threatening to publish libel and offering to prevent publication for compensation is also known as blackmail.

For more information, see: Threatening to Publish Libel (Blackmail)

c. Prohibited Publications

Publishing the private life of an individual may be a criminal offense – subject to certain requirements.

For more information, see: Prohibited Publication

d. Slander /oral defamation

Slander or Oral Defamation – is “libel committed by oral (spoken) means, instead of in writing.” It is defined as “the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.” (De Leon v. People, G.R. No. 212623, January 11, 2016, Per Mendoza J.)

For more information, see: Slander (Oral Defamation)

e: Slander by Deed

Slander by deed – refers to “a crime against honor, which is committed by performing any act, which casts dishonor, discredit, or contempt upon another person.” (Villanueva v. People, G.R. No. 160351, April 10, 2006, Per Chico-Nazario, J.)

For more information, see: Slander by Deed

f. Incriminating Innocent Person

Incriminating innocent person – refers to the performing of an act which tends directly to cause a false prosecution.

For more information, see: Incriminating Innocent Person

g. Intriguing Against Honor

Intriguing against honor – refers to “any intrigue which has for its principal purpose to blemish the honor and reputation of a person.” (Betguen v. Masangcay, En Banc, A.M. No. P-93-822, December 1, 1994, Per Curiam)

For more information, see: Intriguing Against Honor

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/Updated: May 6, 2023