Libel: Meaning in Philippine Law

In plain words, libel needs a statement that:

• accuses someone of a crime, a vice, a defect or any act, condition or circumstance that tends to cause dishonor, discredit or contempt;
• is public;
• is malicious;
• is about a natural person, a juridical person such as a company, or the memory of someone who has died.

Article 354 says every defamatory imputation is presumed malicious, even if true, unless a good intention and justifiable motive are shown. It names two exceptions: a private communication made in the performance of a legal, moral or social duty, and a fair and true report of official proceedings made in good faith. Under Article 361, truth leads to acquittal if the statement was also published with good motives and for justifiable ends. A separate rule covers imputations against government employees about their official duties: there, proof of the truth leads to acquittal.

• Libel is made by writing, printing, radio, painting, theatrical or cinematographic exhibition or similar means (Article 355).
• Oral defamation is spoken.
• Cyber libel is libel committed through a computer system (RA 10175, Section 4(c)(4)). Section 6 of the same law sets a penalty one degree higher than the Revised Penal Code penalty.

In Disini v. Secretary of Justice (2014), the Supreme Court held the cyber libel provision valid as to the original author of a post, but void as to "others who simply receive the post and react to it". See Libel vs cyber libel.

Made-up illustration: Jessa posts on Facebook that her former employer, whom she names, "steals the salaries of his staff." If the claim is defamatory and Jessa cannot show that it is true and was published with good motives and for justifiable ends, the post may be cyber libel. Her friend Paolo, also made up, only reacted with a laughing emoji. Under Disini, the cyber libel provision cannot be applied to someone who simply receives a post and reacts to it.

Article 90 says libel prescribes in one year. In Causing v. People (2023), the Court held that cyber libel also prescribes in one year, counted from the day the crime is discovered by the offended party, the authorities or their agents. For the penalties, see Libel penalty in the Philippines and Cyber libel for a Facebook post.