Article 353 of the Revised Penal Code: Definition of libel
Status: In force
What does Article 353 say?
A 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.
What does it mean in plain language?
Article 353 defines libel as a public and malicious imputation that tends to dishonor, discredit or bring contempt on a person, or to blacken the memory of someone who has died. The imputation can be of a crime, a vice, a defect, or any act, condition or status, and it does not matter whether it is real or made up. Article 353 only defines the crime; the penalty is in Article 355.
An "imputation" means saying or suggesting that a person did something or has some quality. "Public" means the statement was made known to others, not kept between the speaker and the person attacked. "Malicious" refers to malice, which Article 354 presumes in most cases. A spoken insult is not libel but slander, or oral defamation.
How does it work in real life?
Jessa: a post about her former boss
Jessa posts on Facebook that her former employer, Ramil, "steals the salaries of his staff", and names him. The post imputes a crime, it was seen by others, and Ramil is clearly identified. If malice is present, this can be cyber libel, because it was posted online.
Lito: a flyer in the barangay
Lito prints and hands out flyers saying that a neighbor's sari-sari store sells expired goods on purpose. The flyer is in writing, it reached many people, and the store owner is identified. This can be libel under Articles 353 and 355.
Paolo: only a reaction
Paolo sees Jessa's post and only reacts to it with a "haha" emoji. Under Disini, cyber libel is void as to people who simply receive the post and react to it. Paolo is not the original author.
What does this mean in practice?
- Libel is prosecuted as a crime, but Article 355 also lets the offended party bring a civil action for damages.
- Libel prescribes in one year under Article 90. For cyber libel, Causing v. People (2023) held that the one-year period also applies, counted from the day the crime is discovered by the offended party, the authorities or their agents.
- Disini upheld Articles 353, 354 and 361 as constitutional.
- The penalty is on Article 355 and on libel penalty in the Philippines. Truth as a defense is on Article 361 and is truth a defense in libel?
What are the four elements of libel?
In Disini v. Secretary of Justice (2014), the Supreme Court listed them as follows:
- An allegation of a discreditable act or condition concerning another. For example, saying that someone stole, cheated or has a shameful disease.
- Publication of the charge. The statement was made known to others.
- Identity of the person defamed. The person attacked can be identified.
- Existence of malice. For a private person, the law presumes malice from a defamatory statement (Article 354). Where the offended party is a public official or a public figure, Disini says a stricter standard applies and the prosecution must prove actual malice: that the statement was made knowing it was false or with reckless disregard of whether it was false.
All four must be proven for a conviction.
Who can be the victim of libel?
The article protects "a natural or juridical person". A natural person is a human being. A juridical person is an entity the law treats as a person, such as a corporation or an association. The article also covers statements that tend "to blacken the memory of one who is dead", so the dead are protected too.
Does Article 353 apply to posts on Facebook?
Yes. Article 353 was written in 1930, long before the internet. The Cybercrime Prevention Act of 2012 (Republic Act No. 10175, Section 4(c)(4)) punishes libel "as defined in Article 355 of the Revised Penal Code" when it is committed through a computer system. In Disini, the Supreme Court said that this adopts the elements of libel in Article 353 in relation to Article 355, and only adds the computer system to the list of media.
Disini also held that cyber libel is valid against the original author of a post, but void "with respect to others who simply receive the post and react to it". The same post cannot be charged twice, once as libel under the Code and again as cyber libel, because that would violate the rule against double jeopardy. See cyber libel: can you be sued for a Facebook post? and libel vs cyber libel.
Which Supreme Court rulings are relevant?
- Disini v. Secretary of Justice (G.R. No. 203335)Disini v. Secretary of Justice explained: cyber libel applies only to the author of a post, not to those who react, and three cybercrime rules were voided.
- Causing v. People (G.R. No. 258524)Causing v. People explained: the 2023 ruling that cyber libel prescribes in one year, counted from discovery of the post, abandoning the 15-year rule.
Frequently asked questions
What are the elements of libel in the Philippines?
In Disini v. Secretary of Justice (2014), the Supreme Court listed four: an allegation of a discreditable act or condition concerning another, publication of the charge, identity of the person defamed, and existence of malice.
Can a company be a victim of libel?
Yes. Article 353 protects a 'natural or juridical person'. A juridical person is an entity the law treats as a person, such as a corporation.
Can you commit libel against someone who has died?
Yes. The article includes an imputation that tends 'to blacken the memory of one who is dead'.
Is a Facebook post covered by Article 353?
Yes. The Cybercrime Prevention Act (RA 10175) punishes libel as defined in the Revised Penal Code when it is committed through a computer system. In Disini, the Supreme Court said this adopts the elements of libel in Article 353 and only adds a new medium.
Does the statement have to be false to be libel?
Not under the wording of Article 353, which covers imputations that are 'real or imaginary'. Truth is a defense only under the conditions of Article 361: the statement must be true and published with good motives and for justifiable ends.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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