Proof of truth, A361 Revised Penal Code

1. Proof of truth as a defense Article 361. 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. 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. In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted. a. Requirements The following are the requirements for truth to be a defense: 1) The defamatory matter must be true; 2) It was published with good motives; and 3) It was for justifiable ends. (REVISED PENAL CODE, Article 361) 1) Defamatory matter must be true Truth alone is not sufficient as a defense against libel. That something is true does not necessarily mean that it has to be known by the public. There may be private matters that people are keeping to avoid social embarrassment, reputational loss, and for a host of other reasons. So long as these private matters do not involve crimes or offenses, then they should be kept private and not be divulged or showcased for public consumption. Hence, there is no good motive for the publication of such private matters nor would there be any justifiable end...