Decriminalizing Libel

 Decriminalizing Libel Essay

LIBEL SHOULD BE DECRIMINALIZED

LEGAL EXPLORATION PAPER

Submitted to:

Atty. Jill Jessica Lopez

By:

Lorenz Corpus

Gerald Dimalaluan

Dayne Animo

Neil Eustaquio

Ces Francisco

Darcee Galleon

Jason Gavina

Midi Gentica

Regina Gomez

Carlo Ilano

Noel Illescas

Nadia Karim

Angelo Lajarca

Group 2, 1D

SY 2010-11

stand of contents

I. Meaning of Libel3

II. Defenses in Libel5

III. Arguments pertaining to Decriminalizing Libel8

IV. Expenses for Decriminalizing Libel12

V. Arguments against decriminalizing libel and Related Rebuttals14

VI. Conclusion18

VII. Bibliography20

VIII. Appendix22

I. Definition of Libel

The Modified Penal code of the Republic of the Philippines defined libel in Subject 13 Part 1 in Article 353 as:

" A public and malicious imputation of a crime or of your vice or defect, actual or fictional, or any take action, omission, state, status, or perhaps circumstance maintaining cause the dishonor, slander, or contempt of a organic or juridical person, in order to blacken the memory of 1 who is dead. ”[1]

Defamation is really the proper term for libel used in Document 353 from the Revised Criminal Code[2] Libel is drafted defamation and slander can be oral defamation.[3] It can be committed by means of publishing, printing, lithography, engraving, car radio, phonograph, portrait, theatrical exhibit, cinematographic exhibition, or any comparable means.[4]

1 ) Elements of Libel

The criminal offense of libel, as identified in Content 353 with the Revised Criminal Code, has got the following factors: (1) Imputation of a offense, vice or perhaps defect, real or fabricated, or any take action, omission, state, status or perhaps circumstance; (2) Publicity or publication;

(3) Malice;

(4) Way of these kinds of imputation at a natural or juridical person, or even a deceased person and (5) Inclination to cause the slander, discredit or contempt with the person defamed. [5] Any of the imputations have Article 353 is defamatory and, beneath the general regulation laid down in Article 354, every single defamatory imputation is presumed to be destructive, even if that be true; if not good intention and justifiable purpose for making psychological data reports. There is malice when the creator of the imputation is prompted by personal ill-will or spite and speaks not in response to duty but merely to injure the reputation of anyone who statements to have recently been defamed[6] In Article 354 of the same Code, every defamatory imputation is definitely presumed to become malicious, even if it always be true, in the event no good goal and justifiable motive in making it is shown. There is malice if the author of the imputation is definitely prompted simply by personal ill-will or revenge and addresses not in response to responsibility but simply to harm the trustworthiness of the person whom claims to acquire been defamed. Malice should be proven, under the following exclusions provided for in Article 354: 1 . A private communication manufactured by any person to a new in the functionality of any legal, moral or sociable duty; and 2 . A reasonable and accurate report, produced in good faith, without any comments or perhaps remarks; of any judicial legislative or perhaps other established proceedings which are not of confidential mother nature, or of any affirmation, report or speech sent in said proceedings, or perhaps of some other act performed by open public officers inside the exercise with their functions.[7] In determining whether a statement is defamatory, the text used are to be construed in their entirety and really should be taken within their plain, natural, and ordinary meaning as they would the natural way be recognized by the individuals reading these people, unless it seems that they were employed and recognized in another feeling.[8] Libelous claims do not consider any particular form. It could be an compurgation, a animation, or a great editorial.[9]

2. Defenses in Libel

The most typical argument in support of the decriminalization of libel is the security of...

Bibliography: 1 . Alcantara vs Ponce. 517 SCRA 74, 83 (2007)

two

3. Novicio v. Aggabao, 418 SCRA 138, 143 (2003)

4

5. Christinelli Fermin versus. People, G. R. No . 157643

6

12. Aquino, Ramon C. The Modified Renal Code. Vol 3, 1988 Edition. Central Lawbook Supply, Incorporation.: Quezon Town

13

14. Reyes, Luis B. The Revised Criminal Code: Felony Law. Book Two. 1998 Edition. Rex Book Shop: Manila.

18. Sack, Robert D. Bag on Defamation: Libel Slander and Related Problems. 2001 Edition PLI Press: Ny.

17. Middle for Mass media Freedom and Responsibility, Filipino Press Freedom Primer, 2007

G

18. Balbido, Mother Corinne Capital t. A Liberated Free Press: Proposal to Decriminalize Libel. 2004

VIII

[2] Luis B Reyes, The Revised Penal Code: Criminal Regulation Book Two, 920 (1998 ed. )

[3] Balbido, Ma Corinne Tayag, A liberated Free of charge Press: Proposal to Decriminalize Libel, 2005

[6] three or more Ramon C. Aquino, The Revised Presidio Code 531 (1988 male impotence. ),

[7] Alonzo v

[8] Biso?o v. Aggabao, 418 SCRA 138, 143 (2003)

[9] Balbido, supra note a few, at eleven

[15] Cagurangan-Munar, A Second Long Look at the Libel Law, Philippine Free Press, April six, 1993, for 36

[16] En Paquet Resolution Oct 22, 1991

[17] Accepted in A. Meters. No . 08-1-17-SC at its treatment of By. 22, 08

[18] Reynato S

[19] Senator Jinggoy Estrada, Legislative Agenda, available at http://www.senate.gov.ph/senators/sen_bio/jestrada_agenda.asp (last accessed Sept 26, 2010)

[20] Senator Mar Roxas, Senate Costs No

[21] Senator Francis G. Escudero, Senate Invoice No . 1403, available at http://www.senate.gov.ph/lisdata/57075067!.pdf (last seen September 21, 2010)

[22] Senator Loren Legarda, United states senate Bill No

[23] Senator Edgardo J. Angara, Senate Bill Number 918, sold at http://www.senate.gov.ph/lisdata/51774544!.pdf (last accessed September 26, 2010)

[24] Affirmation of Past Justice Vicente V

[28] Artemio Versus. Panganiban, Should Libel become Decriminalized?, available at http://opinion.inquirer.net/inquireropinion/columns/view/20080426-132914/Should_libel_be_decriminalized%3F (last accessed Sept 26, 2010)

[29] Robert D

[30] In Lso are: Emil L. Jurado, 313 Phil. 119 (1995)

[31] Sack, supra note 15, at almost 8


Related

Please Write in in Least 2 hundred Words a Well-Organized Article Arguing intended for or Up against the Decision Lately Made by the Ma Administration to...

Essay: Lately there has been a heated debate about the decision made by the Ma Government to allow Oriental students in Taiwan to participate in the countrywide health insurance…...

  • Lindsay Conway
  • 03.09.2019
  • China

China Article

Global Business Environment Essay- CB343 Discuss the difference between the notion of 'national' and 'corporate' traditions. Analyse why cross-cultural distinctions can behave as an impediment to organization…...

  • Rell Ghumare
  • 04.09.2019
  • At the

Elizabeth Article

How much do you accept the view that relations among Elizabeth and her parliaments in the years 1566-1588 were characterised more by co-operation than by conflict? Through the Tudor…...

Cola Conflict Case Article

introduction Throughout the 1980s, Skol and Pepsi-Cola began a great escalating advertising campaign of mutually - targeted television advertising which became known as the Cola Wars. This summary…...

Internet Suicide Essay

Net suicide A web suicide is actually a suicide conducted in full look at of the open public via the Internet, or pursuant into a cyber suicide pact, the…...

New Regulations Against Text messaging While Jogging Research Newspaper

Editorial New Laws against Texting while Walking Will Rogers when said " You can't legislate intelligence and common sense into people. " However , you can test. After recent incidents…...

The Right To Education As A Man Right Education Essay

The right to education is referred to as a human right and is comprehended to establish an entitlement to free for all those also mandatory primary education for all children.…...

Cac Greeting card Essay

Importance of a Common Access Credit card By: LCpl Crisp, Darius D. I actually am producing this dissertation about the value of a Common Access Credit…...

Apple Inc. Analysis Essay

Apple computers. Business Analysis Robert Stokes Mgt/521 Variation 5 Supervision Nicole Seldon July eighteenth, 2011 Apple Inc. is a well-researched company numerous technological advantages.…...

SESSION GUIDE in RIZAL Essay

For: Demo-Application at SLTCFI-Legazpi SESSION INFORMATION in MS 2 (Rizal's Life & Works) " THE WOMEN in RIZAL'S LIFE” October twenty seven, 2014 Ruben Carlo M. Garcia1…...